obtained his absolution of Urban the IV. and the confirmation of that second marriage of which he had Children One of them and his successour was Denis Alphonsus being dead an 1279. From that Denis are descended all the Kings of Portugal to this day Some of the French Historians affirme that Mahaut had two Sons by Alphonsus in France the one that dyed young the other Robert from whom the whole House of the Counts of Bullen is descended which fell to Magdalen de la Cour wife to Laurens of Medicis by whom came Katherine de Medicis mother of the three late French King Francis the II. Charles the IX and Henry the III after whose death by the substitution set downe before in the contract betweene her and Henry the II the inheritance of Katherine came to her Daughter Queen Margaret first Wife to Henry the IV. That Queen made the Dolphin of France her Heir who since was Lewis the XIII When the dispute for the succession of Portugal was open after the death of Henry the Cardinal King an 1530 Katherine Queen of France among other pretenders to that Crown set forth her claim by Belloy Advocate Generall in the Parliament of Toulouse who pleaded that from the marriage of Alphonsus and Mahaut a Son was born called Robert and had succeeded in all his rights that Beatrix was the Concubine not the wife of Alphonsus and that the Pope could not legitimate Denis born of adultery to the prejudice of Robert the true Heir of Alphonsus Also that all the Kings that had reigned since Denis for three hundred years made no prescription because there can be no prescription for the right of Kingdoms That right being propounded to the Estates of Portugal was found too old and stale and injurious to all their Kings neither did they make any account of it Besides the Spanish Historians affirm that Alphonsus had no issue by Mahaut and that among the protestations which Mahaut made in Portugal against Alphonsus there is not one word of the injury which he did to her children which she would not have forgot if she had had any Yet that right may be defended by the testimony of the French Historians and by this true allegation that neither a bastard nor his Descent can prescribe against the lawfull Heirs Paragraphe III. Of the Kingdom of Navarra An. 713. when the Saracens in vaded Spain Inigo Ximenes Arista Count of Bigorre gave a beginning to the little Kingdome of Suprarba within the Pyrenees which a while after having spread into the vales tooke the name of Navarra or Navierras which in old Spanish signifieth plain grounds It is certain that two generous Princes and great Catholiques resisted the Saracens in the very beginning of their invasion Pelagius towards the Astures which are Leon and Gallicia and this Ximenes Arista towards the Pyrenees though the date of the Conquests of this Ximenes be not so certain some Historians make him latter Upon which one may read the History of Navarra written by Favin 2. These Kings of Navarra in their beginings made many Conquests over the Saracens and that Family continued to Sanchez the great who about the year 1035. shared all his Estates among his three Sons of whom the eldest Garcias had Navarra to whom many Kings succeeded till that State fell to the house of France by the marriage of Philip le Bel with Jane Inheritrix of Navarra Countesse of Campagn and Brie to whom Lewis Hutin King of France and Navarra succeeded in her Estates But he having no child but a daughter called Jane which could not be Queen of France he left her Navarra and so that State was soon separated from that of France That Jane married Philip of the Royall branch of Eureux 3. By that marriage the house of Navarra became a Royall French house but the nature of that Crown being to fall to women as the other States of Spain it passed not long after into the Family of Arragon by marriage and so again into the Family of Castilia and again into the Family of Foix after this manner 4. Charles the III. King of Navarre Grandchild to that Jane daughter to Lewis Hutin had one onely daughter called Blanch married to John Prince and afterwards King of Arragon From that marriage came Charles Prince of Viana who got a great but an ill renown in the Histories of Spain for making War to his Father and maintaining himself against him in his State after his mothers death That Prince of great learning and courage died a batchelour The two other children of John of Arragon and Blanch of Navarra were two daughters The eldest Blanch of Arragon who having been married with Henry the IV. King of Castilia surnamed the Impotent was separated from him by reason of his impotency and died without issue The other was Eleanor wife to Gaston the IV. Count of Foix who after the death of her Father Mother Brother and Sister succeeded to the Kingdom of Navarra and united it to the house of Foix. She enjoyed it but two months and a half and died An. 1469. Her eldest Son Gaston Prince of Viana being already dead and having left by his wife Magdalen daughter to Charles the VII of France two children Francis Phoebus who succeeded his Grandfather in the Kingdome of Navarra but enjoyed it but four years and died unmarried and Catherine de Foix who succeded him and married John d' Albret Son to Alen d' Abret a man of great note in Gascony but not of a soveraign house yet descended from that Amani d' Albret who in the time of Charles the V. of France married Magaret of Bourbon Sister to Jane Queen of France and raised his house to a great splendour by that royal alliance advanced much the party of the French against the English 5. John of Albret and Catherine de Foix had a Son called Henry who was King of Navarra and married Margaret Sister to Francis the first of France by whom he had Jane Inheritrix of Navarra Jane being married to Antony of Bourbon was by him Motherof Henry the IV. of France Father to Lewis the XIII and Grandfather to Lewis the XIV Thus that house of Navarra was united with two great houses in France yet not Royal that of Foix and that of Albret and after to the Royal house of Bourbon and became so powerfull in France that her possessions from these three houses much exceeded the Kingdome of Navarra Hence it is manifest how the last Kings of Navarra by the interesse of their Alliance and Estate were obliged to follow the party of France Now it hapned An. 1510. after that Lewis the XII had humbled the Venetians by the victory of Aignadel and brought terrour among all the Princes of Italy that Pope Julius the II. fell out with Lewis and prosecuted the quarrell with such animosity Lewis on the other side being as fierce as he that the contention grew almost into a Schism Julius
possession of Provence Neither did Charles de Duras nor his Children nor Alphonsus possess any thing in it 6. René dying an 1480. although his Daughter Yoland Dutchesse of Lorraine had left children he left the inheritance of the County of Provence and of his Rights upon Naples Charles Count du Maine Son to his brother of the same name and title And Charles dying likewise without issue left Lewis the XI his Heir in all his states and the Kings of France successours to Lewis Lewis neglecting to go to Naples held by Ferdinand bastard of that Alphonsus and by his Children contented himselfe to hold Provence But his Sonne Charles the VIII undertook the conquest of Naples an 1493. and after him Lewis the XII and Francis the I. In the next Chapter we shall see the severall Wars Partages and Treaties between these two Houses for that Kingdom So all the Rights of the House of France to the Kingdome of Naples are reduced to these heads 1. The investiture by Urban the IV. in favour of Charles brother to St Lewis A weak Right if it were alone the French Kings having not succeeded to that family by kindred for all that belongs to any branch of the House of France doth not therefore belong to France 2. The Adoption of Lewis the first of the second house of Anjou by Queen Jane the I. by the counsell and leave of Clement the VII who was acknowledged by France for a true Pope By that adoption the right of Naples fel to the house of Anjou of which the French Kings have inherited 3. The two adoptions made by Queen Jane the II. first of Lewis the III. Duke of Anjou and after him of his Brother René 4. The will of Charles Count du Maine who named Lewis the XI his heir both of Provence and of his right to the Kingdome of Naples and his successors Kings of France after him Paragraphe VIII Of the Dutchy of Milan After the wrack of the Roman Empire an 400. all the Countries about the River of Po towards the Alpes were taken by Theodorick Goth and kept by his children till about the year 550. that they were recovered by Belifarius and Narses two Captaines of the Emperour Justinian But soon after the same Countries were won by the Ostrogoths Kings of Italy and again by the Lombards who setled a great State there and maintained it till the time of Charlemagne who destroyed it an 774. After which time all the Towns of those parts were Imperial belonging to whosoever had the Empire of the West The house of Charlemagne being degenerated and having lost the Empire after the yeare 900. the Empire was disputed between the Italian and the German Princes for 50 yeares In the end the Germans having prevailed in the person of Otho the I the Emperors his successours having chosen the seat of their Empire in Germany and being at odds many times with the Popes their power sensibly decayed in Italy and great part of the Towns of Lombardy slipt out of their Dominion and chose to themselves Italian Lords the Emperours retaining the shadow only of Soveraignty Many also chose liberty a Popular State as Siena Pisa Florence Genoa and others In these confusions the City of Milan was usurped by the Viscounts of Angleria a small place in the Dutchy of Milan who maintained themselvs about six hundred years under that name and quality of Vicounts untill the year 1497. that the Emperour Wenceslaus not Friderick as Gassan saith erected Milan into a Dutchy The first Duke was Galeas the III. who had married Isabella daughter to John King of France That Galeas had three Sons John Maria that succeeded him and died without issue Philip Maria that succeeded his brother who likewise died without issue leaving a bastard daughter named Bona married to Francis Sforza a Souldier of Fortune but a gallant man That first Duke Galeas besides these two Sons had a daughter called Valentina married to Lewis Duke of Orleans Son to Charles the V. King of France an 1398. Her Father gave her the County of Ast for her portion with a Million of Livers wherewith the County of Blois was bought Chasteauduro Soissons and other Lordships And by the contract of Matrimony it was declared that if the masculine line of Galeas should fail Valentina and her children should succeed in the Dutchy It is true that this clause had this great defect that the Dutchy beeing establisht a masculine Fee Galeas could not make it feminine without the Emperours leave which was not demanded because the Empire was then vacant by the degradation of Wencestaus whom the Electors deposed for his idlenesse But it is pretended that the Pope Benedict the XIII who then had his See at Avignon approved that contract for that right the Popes challenge in the vacancy of the Empire Howsoever John Maria and Philip Maria being dead without lawfull issue none had more right to that succession then the children of Valentina But that succession fel in the heat of the confusions of France under Charles the VII when the two Sons of Valentina Charls Duke of Orleans John Count of Angoulesme were Prisoners in England where the eldest remained five and twenty years and the second well nigh thirty In that long time it was easie for Francis Sforza who had married Bona the bastard daughter of Duke Philip Maria to make himself Master of Milan of which he procured and obtained the investiture from the Emperour Friderick the IV. This Francis Sforza had two Sons whom he left to the tuition of his brother Ludovick Sforza so famous in the History of Milan who having made away his pupills seized upon the State of Milan and was expelled out of it by Lewis the XII King of France and since was taken carried to Loches where he died in Prison He left two Sons Maximilian who was restored by the Switzers and since taken by Francis the I. and died in France His other Son was Francis Sforza the second who died without issue 1534. So that house of Sforza's maintained the usurpation of Milan well nigh a hundred years among many wars and divisions the lawfull right remaining still in the house of Orleans with the possession of the County of Ast which is part of that Dutchy But that right could not be prosecuted 1. In the desolation of the house of Orleans and the great divisions between that house and the house of Burgundy 2. In the long inprisonment of the two Princes of Orleans 3. In the great troubles of the State of France almost all the reign of Charles the VII 4. Besides Lewis the XI had many other businesses all his time Neither did he love the house of Orleans and the Princes of his blood And of all things he hated the Wars of Italie whither he would never go neither for the conquest of Naples nor for the receiving the City of Genoa that gave her self to him 5. All the
third race Burgundy was governed by Dukes and three Brothers of Hugh Capet the first of that race held it But the last of them Robert was divested of them by his Nephew King Robert Son to Hugh Capet and it was re-united to the Crown All that was before the two Families of Burgundy of which we are to speak to discusse the right which the Spaniards pretend upon that piece of the French State 3. So then from the beginning of the first Race two Royall Families have possest the Dutchy of Burgundy The first began by Robert younger brother to King Henry the First and Son to King Robert To him his brother Henry gave that Dutchy in the year 1032. That Family continued from Male to Male without any interruption of Female succession untill the death of the last Duke Philip dead without issue An. 1362. Then King John at that time reigning in France seizd-upon that piece as an apanage so the French call the Portions of the Sons of France which are to return to the Crown when Heirs Male fail That apanage then being returned to the Crown King John bestowed it in the same nature upon his fourth Son Philip. This was the head of the second house of Burgundy which had four Dukes only successively This Philip called le Hardy invested by his Father then Iohn the third Philip le Bon the last Charles killed before Nancy An. 1477. who left his Daughter Mary his universall Heir She was married to Maximilian of Austria since Emperour and so carried all her estate into the house of Austria From that marriage came Philip Archduke married with Jane Inheritrix of all Spain and by her had two Sons Charles the V. and Ferdinand Emperours founders of the two Families of Austria that now reign 4. After the death of Charles killed before Nancy Lewis the XI seized upon the Dutchy of Burgundy as an apanage of France returning to the Crown Although Mary and her Husband Maximilian alleaged that the Dutchy had been given to Philip the Hardy by his Father King John as an absolute gift without any restriction of masculine descent That question though agitated on both sides will alwaies remain undecided The French Kings maintaining themselves in that possession Charle the V. Grandchild to that Mary grounding himself upon that right which we will declare afterwards required by the Treaty of Madrid that the Dutchy of Burgundy should be restored to him as his by his Grandmothers right and taken from her by Lewis the XI But after the return of Francis the I that Treaty was declared void as being contrary to all right of Nations which disannull Treaties made in Prison and extorted by violence contrary to the Municilpal Laws of the State of France which constitute the Kings to be alwaies Minors that is uncapable of absolute disposition as for the alienation of their Dominions So the Article of that Treatise concerning the restitution of Burgundy remained null though signed by the King Besides the States Generall of the Kingdom protested to the King that it was never in his power to alienate any Province of his State without their consent Which last opposition was of such force that since neither in the Treaty of Cambray nor in that of Crespy in Valois in which severall pieces were yielded unto the house of Austria any mention was made of Burgundy Yet the Kings of Spain take still the Title of Dukes of Burgundy So much for the Fact We will now examine the right 5. It must be acknowledged that the severity of Apanages for the Males onely to the exclusion of Females is not in use among the French but since the time of Philip de Valois who began to reign An. 1328 for remounting higher to Hugh Capet we find not that exclusion of Females from successions saving the ordinary preference of the Males before them And the Females were admitted Heirs in all kinds of estates whether given by the King or by others Yea many times the houses of the Sons of France have ended in Females that have transported their Estates to other Families as it appears in that of Dreux of Vermandeis of Courtenay and of others But since the time of Philip de Valois no Son of France had any apanage but upon that condition Which is evident in that all the apanages are returned to the Crown by the extinction of Males to the exclusion of Females as those of Anjou Berry Alanson and others Yea although that first house of Burgundy be much antienter and hath begun almost with the third race yet as it was the first and most important apanage we have in the History thereof an example of the exclusion of Females and setling the inheritance in the Males Hugh the IV. of that name Duke of Burgundy had three Sons Eudes his eldest John Lord of Charrolois and Robert the II. Duke of Burgundy Eudes was married in his Fathers life time died before him and left three Daughters Joland Margaret and Alice or Alix John the second Son was married and died likewise before his Father leaving a Daughter Beatrix of Burgundy Lady of Bourbon This was the Lady who being married with Robert Son to Saint Lewis gave a beginning to the house of Bourbon When Eudes the IV. died it seemed that the Daughters of the First or Second of his Sons should have inherited by the right of representation of their Father but they were excluded from it by their Uncle Robert who enjoyed it and his Heirs Male peaceably though these four Daughters had been married in great and potent houses 6. Philip the last Duke of that Race being dead King John took the Dutchy in his Possession yet did not reunite it to the Crown but presently gave it to his fourth Son Philip le Hardy whom he especially loved because he had saved his life in the battell of Poitiers though he was then very young He gave it him by a long Charter which indeed contains not in expresse termes the exception of Female Heirs but conferrs it upon him with the same rights by which himself came by it and by which he possesseth it Termes which have caused difficulty because John could be said to succeed to it by two rights the one as King the other as the next Heir-male of the last Duke If he succeeded to it as King the Dutchy being an apanage returning to the Crown in defect of Heir-Male then without doubt it was setled upon his Son Philip as a masculine apanage both because his Father gave it him with the same right by wh ch himself had got it And because the severe Law of Apanages was already in use from Philip de Valois Father to John and never was interrupted since 7. But King John say the Spaniards inherited of the last Duke as the next of blood and his Heir ab intestato because it appeareth in the Genealogy of that first Race of Burgundy that Robert the II he that had excluded his four
Neeces was Father to Hugh the V. who dyed without issue and of Eudes the IV. both successively Dukes of Burgundy This last was Grandfather to Philip the last Duke who ended the masuline line But that Robert the II. had three Daughters besides Margaret wife to King Lewis Hutin whence came the house of Navarra Jane wife to King Philip de Valois and mother to King John and Mary wife to Edward Count of Bar. They say then that after the death of Philip the last Duke King John took that Dutchy by the right of his mother Jane which right he transported to his Son Philip le Hardy without any mention of masculine apanage wherby they will have it evident that femals may inherit it 8. Against that pretended right which was very much disputed in the Treaty of Madrid the French have strong exceptions The first is That from the time of Philip de Valois within which that gift was made no Son of France had any great Apanage but with that restriction against which whatsoever King John may have said or done and he was a very imprudent and rash man he could do no valuable deed to the detriment of the State or against the fundamental Lawes The second Reason is That since we see by the example of Hugh the IV. that females are excluded from that succession we must acknowledge that John did not succeed by right of his mother but as King receiving an apanage devolved unto him The third Reason is That King John was not the next Heir in blood for by proximity of blood the children of the eldest Daughter which was Margaret wife to King Lewis Hutin should have succeeded not King John who was Son to the second Now that succession fell when that wicked man Charles King of Navarra Grandchild to that Margaret was in his strength who if there had beene any life in that title would not have failed to have set it up for Burgundy was better then all his Navarra and the rest of his estate And yet that stirring man did not stirre that point or it was so slightly that he left off presently but hotly pursued a recompence for the Counties of Champagne and Brie which by right belonged to his mother Jane Daughter to Lewis Hutin Sonne to Jane Countess of Champagne and Brie Queen of Navarra wife to Philip le Bel. By all this it is evident that the Dutchy of Burgundy was setled upon Phillip le Hardy his Son in the nature of a true masculine apanage Paragraphe IV. Of the Towns of Metz Thoul and Verdun By the partage so famous among the Sons of Lewis the Meek an 843. it is certaine that all that was beyond the River Mosa towards Germany was cut off from that which retained the name of Kingdome of France and that these three Towns remained Imperiall But Mosa being the bound of these two States the Empire and the Kingdome yet by an infinity of Warres Usurpations and Treaties that bound and other limits between the two States were often changed In the time of the weakness and declination of the House of Charlemagne most part of the Cities and Lordships of the Empire did canton themselves and made themselves particular Dominions under the protection of the Empire and some remained free others were subjected to especial Lords some Lay some Ecclesiastical All these make up now the great body of the Empire Of that nature were these three Towns Metz Thoul and Verdun upon which the French Kings pretended no right till the time of Henry the II. An. 1550. the Protestants of Germany called Henry the II. to their help against the Emperour Charles the V. Henry sent them great Auxiliary forces by Ann de Montmorency Constable of France who in his way seized upon Thoul and Verdun put Garrisons into them to assure the passage of the French Forces into Germany The Government of Thoul was given to Monsieur d'Esclavoles Lieutenant of the company of the Duke of Guise And Charles Cardinall of Lorrain was restored to his Lordship annext to the Bishoprick of Verdun the King retaining the soveraignty for himselfe which he thought he could lawfully doe because the Lord of it was his subject and had an estate in France and because the Emperour was his declared enemy whose Estate he might invade In the same expedition the Constable seized on the City of Metz which the Emperour Charles the V. besieged towards the end of the yeare 1551. but in vain since which time the French have enjoyed these three Cities yet finding their right some what weak they used it at the first with great moderation calling themselves only Guardians and Protectors of the same till Lewis the XIII caused them to be altogether incorporated with France and in them hath establisht a soveraign Court of Parliament Indeed these three Townes have of long continuance been Imperial and being got by subtilty upon pretence of the surety of the passage the right of the French Kings in them should be much more disputable then in many other places as themselves have confest in many of their instructions for the generall Treaties Yet it may be said for the French that Henry the II. took them as his enemies estate when he made War against the Emperour That the Emperour never made since any stipulation for the restitution of them in any Treaty That the rights of the Empire on this side of Rhine are so vanisht and lost that the Countries seem now to be primum occupanti That Holland also Lorraine Switzerland Savoy Franch County Daulphiné Provence were Imperiall Lands and yet all these are slipt from the Empire by a prescription grounded upon the weakness and neglect of the old Soveraigne Also that the French Kings at the first declared themselves onely Protectors and Guardians of these Towns which if afterwards they have incorporated to their State it was by the consent of the people seeing themselves deserted and neglected by the Empire Finally in that point the French think they may use the right of Represals And that if the Emperour and the House of Austria should do them right about all their pretences there would be some reason why the Emperour should be contented about these Towns Paragraphe V. Of the Towns on the River of Somme and other contained in the Treaty of Arras The four Dukes of the last House of Burgundy were Philip le Hardy John Philip le Bon and Charles John after the death of his Father Philip le Hardy an 1404. caused great troubles in the State of France and caused his Cousin German Lewis Duke of Orleans to be slain an 1407. whence sprung those great Divisions and Wars between those two Houses of which the Histories are full That John was slain at Montereau foult-Ronne by the command of Charles the Dolphin an 1419. His Son Philip de Bon pursued with great power and eagernesse the vengeance of that death made league with the English and distressed very much the Kingdom
of France In the end seeing himself ill used by the English he grew weary of their alliance and ashamed of the harm which he had done to his Country Being then contented to agree with the King he met with him at Arras An. 1435. This was called the Treatie of Arras a fundamentall piece of the History of that age and the following By that Treaty after that King Charles the VII in as little dishonorable termes as might be had asked pardon for the killing of Duke John when he was Dolphin they agreed about many other Articles and the King gave many pieces belonging to the Crown The chief were these 1. He transported to the Duke and to his Heirs lawfully begotten the Towns and jurisdictions of Peronne Roye Mondidier to hold them by homage from the Crown and in Title of Peerdom to depend of the Court of Parliament of Paris 2. The County of Artois was restored unto him on the same Title with all the impositions amounting to fourteeen thousand Livers per an But of the rights of France upon the County of Artois we shall speak hereafter 3. He transported to the said Duke the Towns of Saint Quintin Corbi Amiens Abbeville Dourlans Saint Riquier Crevecoeur and all the other Towns Castles and Lordships seated upon the River of Somme on both sides together with the County of Ponthien and other Lands adjacent to the County of Flanders and Lands of the Empire All these Towns Castles and Lordships redeemable with the sum of 400000 Crowns Upon that Treaty all these Towns were delivered to the Duke of Burgundy and all the time of Charles the VII nothing was altered in this agreement Lewis the XI came to the Crown An. 1461. who being unthankfull and malicious although he had great obligations to the house of Burgundy yet as soon as he came to the Crown he conceived a great aversion against Charles Count of Charolois Son and Heir to Philip le Bon and would recover all those pawned Lordships arguing the Treaty of Arras of nullity and invalidity maintaining that his Father could not alienate so many pieces belonging to the State against the fundamentall Laws To disingage these Lands he laid great impositions upon the people till he had raised the four hundred thousand Crownes which he caused to be brought to Abbeville and delivered unto the Duke who soon after delivered all those places unto him Charles Count of Coarolois took that so heavily that he almost died for sorrow and conceived a mortall hatred against the Lord of Crovi whom he accused to have advised his Father to it And it was one of the causes of the War of the publique good which having been carried with various successe till the Treaty of Conflans near Paris 1465 the fourth Article whereof was that the King should give again to the Count of Charolois all the Townes seated upon the River of Somme lately redeemed with 400000. Crowns to enjoy them all his life time and besides that should give him the County of Guines for himself and his Heirs for ever This Charles who was since Duke of Burgundy enjoyed these Lands though not without Wars and Divisions against Lewis the XI Finally Charles being dead before Nancy An. 1477. Lewis the XI did suddenly invade the Dutchy of Burgundy as a masculin apanage returning to the Crown and all the Townes upon the River of Somme which the French have kept ever since Neither can the house of Austria pretend any just right to them as Heir of the house of Burgundy both because Charles the VII had not power to alienate these parts of his State as his Son Lewis the XI alledged and because all these Townes had been alienated upon condition of redemption with a certain sum which was paid by Lewis the XI unto the Duke Philip. And if they were restored to the Count of Charolois it was for his life onely Wherefore Lewis did not seize upon them but after the death of Charles At which time also he took Arras of which we will speak hereafter Paragraphe VI. Of the Dutchy of Britain The right of the house of Austria to the Dutchy of Britain hath more ground then any of the former and gave matter to many disputes especially in the time of the League the King of Spain Philip the II. representing the rights of his Daughter Isabella both to the Kingdom and especially to that Dutchy And when the Duke of Mercoeur who had cantonned himselfe in it finding himself too weak to maintain his own pretence to it which was upon another ground threatned to give entrance to the Spaniards into the Dutchy La Guesle the Kings Atturney Generall made a long speech to defend the Kings right of which the summary is this 1. That Francis the II. the last Duke of Britain dying An. 1488. left two daughters Anna and Isabella The second died young The eldest Anne had the whole succession and was married first to Charles the VIII of France by whom though she had many children none outlived the Father Who being dead she was married with his successour Lewis the XII by whom she had two Daughters Claude married to Francis the I. who by her had Henry the II who was Father to three Kings Francis the II. Charles the IX Henry the III. and to Francis Duke of Alanson all which left no issue He was Father also of Elizabeth the Third Wife of Philip the II. King of Spain who by her had the Infanta Isabella Wife to Archiduke Albert and Princess of the Low-Countries died An. 1633 and Catherine Dutchesse of Savoy 2. By the death of Henry the III all the masculine Race of Valois was extinct and the next Heir of that house was Infanta Isabella daughter to Elizabeth the eldest Sister of Henry the III. So if there was any Estate in that house inheritable by women it belonged to Isabella without question Philip the II dealing for his daughter after he was once satisfied that his pretence to the Crown of France in her behalfe was ridiculous asked that at least the Dutchy of Britain should be restored to her as the Estate which her great Grandmother Anne of Britain had brought to Lewis the XII an Estate which often had past to Females saying as it was true that she was the next in blood To these allegations these answers are given 1. That the Dutchy of Britain had been inserapably united w th the Crown by the coming of Henry the II. to the Crown for it is a fundamentall rule among the French that a King coming to the Crown uniteth unto the same all his Estate both Paternall and Maternall 2. Besides that tacit and municipall right to which all contrary pretence must yield there was an expresse union made An. 1532. at the request of the States Generall of Britain by Francis the I. upon condition that the Dolphin should take the Title of Dolphin of Viennois Duke of Britain which was then practised in the person of the
angred the Count of Charrolois and increased his jealousies Philip Duke of Burgundy dieth an 1467. Charles succeeds him 6. This new Duke of Burgundy is much considered in France by reason of his great Lands and turbulent spirit All his time hee was in Wars with the King and brought the English into France The King also did raise him Enemies which his own rashnesse did multiply He was defeated by the Switzers at Granson and Morat and killed before Nancy an 1477. 7. After his death Lewis took the Dutchy of Burgundy and Provinces annext to it given by Charles the VII to Philip le Bon as a masculin apanage with the Towns upon the River of Somme which Charles was to hold all his life not leave it to his heirs He seized also upon the Town of Arras upon which he pretended a right He did his utmost to catch Mary the inheritrix of Charles and desired the people of Gant to deliver her into his hand or make her marry Charles the Dolphin but they protected her and soon after Maximilian of Austria married her 8. In Spain after the enterview of the two King Lewis of France and Henry of Castilia and the sale or pawning of the County of Roussillon King John of Arragon seeing that Lewis had arbitrated in favour of the Castilian and had sent John Duke of Calabria for the conquest of Arragon took his time when the leagues in France were strongest against the King to make Perpignan revolt against the French The Garrison retired into the Citadel and made it good till the Town was besieged by Lewis and constrained to return to his obedience Paragraphe II. From the marriage of Maximilian with Mary unto his death This period of forty yeares comprehends four reigns of the French Kings the end of Lewis the XI Charles the VIII Lewis the XII and the beginning of Francis the I in which space the greatnesse of the House of Austria was founded by her union with that of Burgundy and then with Castilia and Arragon Vnder Lewis the XI Since the death of Duke Charles three remarkable things hapned under Lewis the XI Mary inheritrix of Burgundy whom her Father had promist to many Princes in the end was married to Maximilian of Austria an 1478. Lewis would have her for Charles the Delphin but he was but six years old and she above fifteen yeares elder then he That preferring of Maximilian before Charles was the cause of many evils to France 1. The loss of all that Mary possest which might have been united with France 2. The increase of the house of Austria which began then to be jealous of France which she was very far from before that alliance 3. Great Wars and endlesse envy by the neighborhood of these two great Houses That marriage lasted but four yeares Mary dying of a fall from her Horse as she was hunting She left two children Philip Archduke of Austria Father to Charles the V. and Margaret 2. By the jealousie risen between France and Austria by that marriage and incensed by the revolt of the Prince of Orenge a great Lord of Franch County they broke into open War and the battel of Guinegast was fought of which the event was so uncertain that both parties ascribed to themselves the victory 3. Mary of Burgundy being dead the Flemmings especially the Gantois alwayes mutinous would expell Maximilian and dispose of Mary's Children They married Margaret to Charles the Dolphin and appointed for her portion the County of Artois Franch County and other Lands Margaret was then but two yeares old and Charles twelve But Charles being married since with Anne Dutchesse of Britain Margaret was sent back to her Father Maximilian which was a new cause of jealousie betweene these two families This Margaret being seperated from Charles was married to John Son of Ferdinand of Arragon and Isabella of Castilia whom she never saw Then she was for the third time married with Philibert the II Duke of Savoy They say of her that she was three times married and dyed a Virgin Under Charles the VIII 1. Charles the VIII had civil Wars against Lewis Duke of Orleans the Duke of Britain and others which ended by the battel of St. Aubin after which Charles married Anne the inheritrix of Brittain whereby he offered two affronts unto Maximilian the one that he sent him back his Daughter Margaret withwhom he had bin married seven or eight yeares the other that he married her with whom Maximilian was married by Proxie for in Britaine all the Proclamations were then made in the name of the Dutchess and of the Arch-duke of Austria Upon which Maximilian made War against Charles and took the Towns of Arras St Omer and other places which the French held as yet in Artois But a Peace was made an 1493. by which Charles was within four years to restore the Franch County and some Towns which he held in Artois unto Philip the Heir of Netherlands Son to Maximilian An. 1494. Charles restored to Ferdinand King of Arragon Perpignan and the County of Roussillon though he received not the three hundred thousand Crowns which it was pawnned for The reason why Charles did so we have declared before 3. The same year was the expedition of Charles the VIII into Naples against the house of Arragon To that which we have said of that quarrel this must be added Alphonsus who was adopted by Queen Jane the II. and in the end expelled the house of Anjou out of Italy left Naples to Ferdinand his bastard saying that he could lawfully doe it because it was his own conquest The house of that bastard enjoyed it after him and had four Princes Ferdinand the Bastard Alphonsus his Son Ferdinand his Grandchild and after him Friderick uncle to this last Ferdinand and brother of Alphonsus Although that House of Bastards enjoyed Naples the Kings of Arragon would say that it was by their toleration becaus Alphonsus King of Arragon who had been adopted by Jane the II. had conquered Naples with the Arms the Blood and the money of Arragon that he ought not to have left it to any but hisbrother John King after him of Arragon Wherefore Ch. VIII fearing lest Ferdinand King of Arragon Son to John should disturb his conquest of Naples either to assist that Bastard House or to make it his own conquest restored unto him the County of Roussillon gratis upon Ferdinands promise not to disturbe him yea to help him but Ferdinand broke his word with him What was the right of Charles was shewed before Charles with great expedition past through Piemont Milan Pisa Florence Rome got the Kingdom of Naples without difficulty and governed it without prudence and instantly lost it by the ill behaviour of his Ministers which got him the hatred of the Neapolitans A league was made by the Pope the Venetians the King of Naples and the Duke of Milan not onely to stay his conquests but to stop his return
Minor by the State 3. Lanoy being returned into Spain presently the War of the league begins in Italy at Milan at Rome and at Naples At Milan the Duke of Bourbon Generall of the imperial Army besieged Francis Sforza whom the league had taken in her protection Sforza is constrained to surrender the Castle and retire into the Army of the league the Generall whereof was Francesco Maria Duke of Urbin The Duke of Bourbon having taken Milan goeth straight to Rome takes it and is killed in the assault The Cardinalls are imprisoned and ransomed At the same time Lautree was at Naples with an Army and laid a strait siege to it by Land And Andrew Doria with the Gallies of France besieged it by Sea Yea he won a battel by Sea in which Moncado Viceroy of Naples was slaine But being ill satisfied of King Francis who denyed him the ransome of Prisoners and used him with contempt he turned to the Emperour and relieved Naples with victualls by Sea And Lautree presently after happening to die the French lost all in Italy and the Emperour settled himselfe in it with more power He restored the Dutchy of Milan to Sforza and made him marry his neece Christina daughter to the King of Denmark Yet he cut off from that Dutchy the Commonwealth of Genoa which was made Soveraign at the request of Andrew Doria He confirmed also Parma and Placentia to the Popes 4. While this War was in Italy King Francis made a league with Henry the VIII of England and both declared War against the Emperour who having said to the Herald of France that his Master was not in a condition to declare Warre against him till he had disingaged his faith and fulfilled his promises which if he repented of that he should return into prison to make a new Treaty King Francis exasperated with these words declared in presence of all the Court that he would satisfie the Emperour by a Duel and sent him a challenge saying that the Emperour lied if he said that he had broken his word The Emperour though he made a shew to answer the challenge kept himself still to his answer that King Francis was not in a condition to require satisfaction of him till he had discharged his promise So all these threatnings vanisht into smoak 5. While these Princes were thus contending two great Princesses Lovise the Kings Mother and Margaret the Emperours Aunt were labouring for an accommodation By their meanes the Treaty of Cambray was made which therefore was called the Treaty of Ladies it was in the year 1529. By that Treaty a marriage was concluded between King Francis and Eleanor the Emperours sister widow to the King of Portugal and it was agreed that King Francis should pay two millions of Gold for the ransome of his Sons And that he should disclaim all his rights to the Counties of Flanders and Artois and to the Dutchy of Milan and as some adde to whole Italy which is like enough since the Treaty of Cambray changed nothing in that of Madrid but that there was no mention of the Dutchy of Burgundy Paragraphe V. From the Treaty of Cambray an 1529. to that of Crespy an 1544. By the Treaty of Cambray War ceased between these two Princes but not the jealousies and hatred Yet they kept peace till the year 1533. when Merville an Italian Gentleman the Kings servant was condemned and executed at Milan because some of his servants had killed a man But the secret and true reason was that the Emperour had complained to Duke Sforza that this Merville was at Milan as a Spy for the French which was true yea he was a secret Embassadour and Sforza had desired that he should not openly take the title of Embassadour for fear of offending the Emperour That murther of Merville broke the peace for the King taking Armes to chastise Sforza the Emperour also took arms to defend him It was at that time that King Francis instituted a new form of Militia which was called Legionary The Emperour also was incensed by the alliance which the King had made with the German Princes Protestant though perhaps that name was not yet in fashion who being persecuted by the Emperour for their Religion had their refuge to the French King as the antient confederate of the Princes of Germany for the defence of the Rights and Liberties of the Empire These Princes were the Dukes of Saxony the Palatine the Duke of Bavier the Duke of Wertenberg the Lantgrave of Hesse Yea he lent a hundred thousand Crowns to the Duke of Virtenberg who engaged to him the County of Montbeliard But that engagement was simulate and Francis did very willingly assist the Enemies of Charles These were the motives and occasions of this War Of which these were the chief passages 1. Francis to passe to Milan demands of Charles Duke of Savoy passage through his Country The Duke denies it by the instigation of Beatrix of Portugal his wife sister in law to the Emperor very partial for him That deniall cost the Duke the losse of all his Lands both of Savoy and Fiemont which the King took and kept them till the Treaty of Chasteau in Cambresis an 1559. The pretence of that invasion was the right which Francis pretended in these States from his Mother Lovise of Ravoy A little before that invasion the Emperour seeing that thick cloud threatning Milan himself returning from Tunis with a weary and broken Army sends to the K. propositions of peace many fair words Yet he stood so stiffely upon the Treaties before very advantageous for him that the King would not hearken to him perceiving that ne would only protract the time till he had recrewted his Army Besides Francis Sforza being dead without children at the same time the Emperour had seized upon the Dutchy of Milan And it was reported that he intended to bestow it upon a Sonne of Portugal his wives brother For these reasons these two Princes fall to action The King conquereth Savoy and Piemont and the Emperour fortifies himself at Milan 2. The Emperour passeth into Italy visits the Pope Paul III an 1536 and in prefence of the Conclave inveighs against Francis relating all that past between them ever since they came to their States reproaching him especially for joining with the Princes of contrary Religion in Germany And offereth three conditions to the King to choose which he would The first was to give the Dutchy of Milan to the Kings third Son the Duke of Angoulesme not willing to give it either to the Dolphin or to the Duke of Orleans for fear said he of giving jealousie to the Italian Princes if persons so near the Crown grew so powerfull in Italy especially the Duke of Orleans who had lately married Catherine de Medicis which had some pretences upon Florence and Urbin If the King accepted that condition he desired to know what assistance he would give him against the Turk and the Heretiques
excluding of the house of Bourbon which stirred the Parliament to make that famous Arrest for the maintaining of the Salique Law to which the wisest of the League yielded Philip the II. of Spain in that Assembly of the States set up his Daughters Title and presented her to be Queen But presently perceiving the weaknesse of that Title and the aversion of the French from the Government of a woman he offered to marry her either with a Prince of the house of Austria or with one of the House of Lorraine Whose imaginary rights were at the same time pleaded And to strengthen all these rights he said that the Election by the States would supply all defects in the Right of succession It appeared that Philip acknowledged the weaknesse of his Daughters right since he presented her to be elected The Salique Law is fundamentall in France wisely instituted and observed twelve hundred years together As for Philips allegation that Princes are not to be tied by municipall Laws but by the Laws of Nature it is utterly false For in the discussion of the rights of all Soveraigns the municipall Lawes are alwaies examined and none can have right to an Estate from which he is excluded by the Law of the Land The decision of all suits for Estate is taken out of the customes of the Land where the Estate lyeth but where those customes written or unwritten are wanting the case is to be decided by reason onely The French think they have both Law and Reason on their side Howsoever that Isabella in whose favour that Right was set up dyed childlesse an 1633. Whose right if she had any should be devolved since to the Children of her second sister Katherine wife to Charles Emanuel Duke of Savoy from whom all the House of Savoy that now is is descended 4. Besides these imaginary Rights to the whole Kingdom the Empire hath a weake pretended right to some parts of it Whereupon we must observe That by the partage between the Sons of Lewis the Meek 843. all the Countries that lye between the Rivers of Rhosne and Saone and the Alpes viz. Provence Daulphine Savoy and Franch County remained Imperial Lands And the French Kings in the second Race yea and very far in the third Race pretended nothing to them till Daulphine came to them in the time of Philip de Valois and Provence in the time of Lewis the XI And that part of the Empire being held by Lothary the eldest Son of Lewis the Meek and after him by his Son Lewis the Young who dyed without Heirs Male a State was erected in favour of his Daughter Hermengard between these two Rivers and the Alpes which was called the Kingdom of Arles or the second Kingdome of Burgundy which continued under its proper Kings whose pedegree was fully described by the Historian Du Chesne unto the death of Rodolphus the last King who dying without issue an 1036. left his Estate to the Emperour Conrad the II surnamed the Salique who had married his sister Grisel or as some say was his Nephew by her By that gift besides the antient pretence of the Empire upon that Kingdome at least for the soveraignty the Emperours became Masters of the same both by soveraignty and propriety and annext it to the Empire At which time the Arch bishop of Treves tooke the name of Cnancellor per regnum Arelatense But the Authority of the Emperours coming to a great decay out of Germany especially during the Warres betweene the Emperour Henry the IV. and the Popes four Principalities were framed in that Kingdom of Arles of the Counts of Provence the Dolphins of Viennois the Counts of Moriurre called since Dukes of Savoy and the Counts of Rurgundy which without question depended from the Empire as long as there was any vigour in it But time hath worne out that title and prescription is past uponit not to be broken and the old title revived unless the Emperour will together question most part of the Principalities of Italy and the East and North Gaules Of these four Principalities that of Savoy subsisteth to this day Franch County is fallen to the House of Flanders and so to the house of Austria Daulphiné was given to Philip de Valois by Imbert Dolphin about the yeare 1343. And Provence to Lewis the XI an 1482. by Charles Count of Maine Heir to René King of Naples and Duke of Anjou All these changes and gifts as for the propriety only the Soveraignty being still pretended by the Emperours which they may well be accounted to have lost by weaknesse desertion and by prescription as many other Principalities at this side of the Rhine Besides the French Histories relate that in the year 1377. the Emperour Charles the IV being come into France to visit King Charles the V gave to his God-son Charles who since was Charles the VI the right which the Emperours pretended in Daulphiné which was no great gift And Theodorick à Niem an Historian of that age saith That the same Emperour being come to Avignon to visit the Pope gave to Lewis Duke of Anjou brother to Charles the V. of France the whole Kingdome of Arles which had been under the jurisdiction of the Empire in recompence of the magnificent entertainment which the said Lewis gave him at Villeneufue near Avignon So all these Rights of the Empire are lost either by prescription or donation These are all the rights that can be imagined to be pretended by the Emperours and the House of Austria upon the Soveraignty of France Paragraphe II. Of the Rights pretended upon Provence Let us now examine some pretences of the House of Austria upon some Dutchies and other Dominions in France beginning at Provence 1. I shewed before how Provence before the partage betweene the Sons of Lewis the Meek a fundamental and famous Date in our History was part of the Kingdome of France And when it was divided into Tetrarchies it was a member of the Kingdom of Mets Austrasia or Burgundy But when before that famous division all France was reunited in the second Race under these two great Princes Pepin and Charlemagne Provence was a part of it 2. By the partage betweene the Sonnes of Lewis the Meek Provence with all that was beyond the Rivers of Rhosne and Saone was cut off from the portion given to Charles the Bald and was since called the Kingdome of Arles All these pieces given to Lothary the eldest brother were called the Empire and Imperial grounds and to this day the Lands beyond the Rhone towards Italy are called Terres d' Empire Lands of the Empire and the Lands at this side Terres de France French Lands Since that partage the Emperours have alwayes pretended a Soveraignty to those Countries a right strengthened by the donation made of the propriety of it to the Emperour Conrad the Salique by his Uncle or Brother in law Rodolphus the last King of Burgundy 3. Lewis the II. Emperour Son to
given him by the Pope that he was first to conquer it before he could enjoy the gift Great Wars he had against Manfred bastard of Friderick the II. Emperour and against Conradin the Emperours Grandchild whom he took in battel and beheaded him A bloody execution which caused much animosity and Wars between that house of France and the reliques of the house of Suaben which was Constantia daughter to Manfred wife to Peter King of Arragon who to avenge the death of that King Conradin his wives Cosin to repress the insolence of the French was the Author of the bloody Sicilian Vespers whereby the French were utterly expelled from Sicily An. 1261. and Sicily remained in the power of the house of Arragon and since although many Wars and Treaties have intervened to reunite these two States they have alwaies been separated till the house of Arragon hath got the Dominion of Naples Wherefore we will speak no more of Sicily which the French lost in effect in that massacre and since quitted their right to it by severall Treaties 4. But as for the Kingdom of Naples that French Family of Charles d' Anjou was setled in it from the year 1264. untill the death of Jane the II An. 1435. in all 171. yeares We intend not to relate that History but only to observe these things which concern our present purpose First that Charles the Lame the second King and Son to that first Charles married Mary inheritrice of Hungary and so these two Kingdomes were united Of their Children the eldest Charles surnamed Martel had Hungary for his portion and from him some Princes of Hungary are descended The second Son was Lewis who would be a Franciscan Fryer and was Bishop of Toulouse The third Sonne Robert inherited the Kingdome of Naples There were more brothers who had severall apanages But it was not this Robert that continued the line of the Kings of Naples He was Father to Prince Charles who dying before his Father left a Daughter that famous or rather infamous Queen Jane the First that ruled that State almost forty years Next it must be known that this wicked Jane lascivious and cruel so farre as to strangle her Husband Andrew a young Prince of that other Branch of Hungary filled her Kingdome with great troubles by her wickednesse Towards the end of her reigne an 1378. hapned the great Schisme of the Church when Urban the VI being made Pope by violence many Cardinals elected in his stead Robert Cardinall of Geneva who took the name of Clement the VII Queen Jane being an enemy to Urban who was born her subject declared her self for Clement Her crim whereby she had put her Husband to death had been long covered by an accomodation made by Clement the VI who appeased Lewis the great King of Hungary Brother to Andrew whom Jane had strangled But Pope Urban the VI to be avenged of Jane stirred again the House of Hungary against her and a Prince of that House named Charles de Duras came and besieged her in Castello del Ovo at Naples took her and strangled her an 1382. in the same place as some say where she had strangled her first husband 3. But the same Princess seeing that Urban invited the house of Hungary to the conquest of Naples called to her help King Charles the VI of France an 1380. by the advice of Pope Clement And by his leave for he bore himselfe for her Soveraign she adopted Lewis Duke of Anjou brother to Charles the V of France and head of the second house of Anjou He was at that time Regent of France in the minority of King Charles the VI. From that adoption the French fetch their right in the Kingdome of Naples for from the off-spring of that Lewis the French Kings have inherited 4. Charles de Duras after he had strangled Queen Jane seized upon the Kingdome and reigned in her stead and after him his two Children first Ladislaus whom the French Historians call Lancelot and Jane the Second They three held the State 53. yeares from the yeare 1382. till the yeare 1436. But because Jane the first a little afore her death had adopted Lewis Duke of Anjou that house of Duras had continuall War with the house of Anjou Lewis the I. came to Naples and there dyed Lewis the II his Son had great Wars with Ladislaus and for a time was Master of the Kingdome That Ladislaus being dead without issue an 1414. his sister Queen Jane the Second succeeded him as bad a woman as the first Jane for impudicity and extravagancy She being degraded by the Pope Martin the V and Lewis the III Grandchild of the first Lewis of Anjou named by him to reign in her place she adopted Alphonsus King of Arragon and Sicily for her Son with whom that Lewis the III had great Warres and had sometimes the better sometimes the worst But Jane being of an inconstant spirit despised Alphonsus being altogether governed by her favorite John Carraciolo which Alphonsus not able to beare made himselfe Master of the City of Naples Upon which she cancelled her will made in favour of Alphonsus and instead of him adopted Lewis the IV. of Anjou who before was her enemy That adoption made an 1422. is the second ground of the claime of the French to Naples and the seed of so many Wars and Calamities and of the greatest divisions between the Houses of France and Spain The Spaniards maintaining the first adoption as valid because Alphonsus though accused by Jane of ungratefulnesse upon which she grounded the disanulling of his adoption did nothing as they say against the respect due to his adoptive Mother but onely went about to represse the extravagancies of that light-brained woman to have that part in her affaires which by right belonged to him and especially curb the insolency of Carraciolo who kept a scandalous familiarity with that woman The French say that the second adoption is of more validity That the cause of ungratefulnesse is sufficient to break an adoption That Alphonsus misused his adoptive Mother seized upon the City of Naples besieged her and kept her shut up and did all acts of Soveraign to her contempt and disgrace 5. This Lewis the IV. Duke of Anjou having recovered Naples enjoyed it with some peace together with Jane but dyed before her an 1434. Because he left no issue she adopted his Brother René Duke of Anjou and her selfe soon after dyed But René being then kept prisoner by the Duke of Burgundy he could not go to receive his inheritance His wife Elizabeth went but too late though at the first she got some advantage In the end Alphonsus remained Master and the party of Anjou was quite expelled out of the Land Onely René kept the possession of Provence which was an appurtenance of that State for since the first adoption of Lewis the I Duke of Anjou by Queen Jane the I. that second house of Anjou had kept the