be disputed since the consent of the whole Province did intervene and that in all publique businesses all private rights must bow and yield to the publique good Salus populi suprema lex esto 3. Besides ever since John of Montford by the battell of Auray An. 1364. remained Master of the Dutchy and excluded Jane his Gosen-German Wife to Charles de Blois objecting that she was a woman and that women vvere not capable Heirs of Estates of that nature Since that time I say it may be affirmed that Females were excluded from the succession of Britain And that if Anne Wife to the two Kings Charles the VII and Lewis the XII was admitted to it it was by toleration For by right after the death of Francis the last Duke the Dutchy was devolved to the Crown And truly Francis the last Duke by his great revolts had given sufficient cause to the Kings of France his Soveraigns to deprive him of his Estate 4. The French also may here set up the right of Aubeine which excludeth strangers admitted none but regnicolae inhabitants of the Kingdom to successions Which must especially be observed in great Estates and most of all in those that owe a liedge homage For whereas the Duke of Britain did owe personal service to the King how can a woman born in Spain tyed with blood and interesse unto a house alwaies jealous and often declared Enemy of the State of France perform that part of her duty to the Crown a duty absolutely necessary for the preservation of the body of the State unto which the establishing of all Fees must have regard 6. The French may deale besides with the house of Austria by right of represals For since that house withholds so many Dutchies and Counties from the Crown of France without any recompence or satisfaction they think not themselves bound to give ear to their pretences upon so little ground Second Point Of the third Chapter The pretences of the house of France upon that of Austria A Book was publisht An. 1634. intituled Inquisition of the rights of the King and Crown of France upon the Kingdoms Dutchies Countries Towns and Countries usurped by forraign Princes upon the most Christian Kings composed by Cassan the Kings Advocate in the Presidial of Beziers wherein all that we have to say of this matter is fully and curiously set down Which though we will but summarily relate yet we hope to adde somthing to it both for order and matter Wee will stand here only upon those rights which are disputed against the house of Austria and the Empire both because it is our present businesse and because all other claims are stale and of small importance All the pretences of the French upon the possessions of the house of Austria are either antient and almost worn out as the pretences upon Castilia Portugal Arragon Catalonia or later and important upon Dominions to which they maintaine their rights and claim them from time to time to hinder a prescription joyning to their claim active prosecution by armes Though I might omit those first pretences as too stale yet I will here set them down among the rest for the information of curious Readers All the pretences either new or old of the French upon the Spaniard are either within or without Spain In that Peninsula called Spain inclosed within the great Ocean the Mediterranean Sea and the Pyrenees since the invasion of the Saracens an 713. there hath been a great number of petty States under the Title of Kingdomes Dutchies Counties c. into which that great Province was divided either by the Moores when they conquered the Land or by the Christians when they reconquered it and it is but a hundred and fifty yeares since there was yet five remarkable distinct soveraignties in Spain Castilia Arragon Navarra Portugal and Granada four of which Castilia Arragon Navarra and Granads were united by Ferdinand the Catholique Portugal came to the House of Austria an 1580. under Philip the II. for here I speake not yet of the revolt of the Portugais and Catalans which hath cut off two considerable limbs of that great body of which we will say more before we have done This is not a fit place to examine how these severall States were founded and how united as they are now We consider onely that there be six pieces within Spain upon which the French have pretences Castilia Portugal Navarra Arragon Catalonia and the County of Roussillon And out of Spain they claim a right to the Kingdoms of Naples and Sicily the Dutchie of Milan the Common-wealth of Genoa and the Counties of Flanders and Artois Paragraphe I. Of the Kingdome of Castilia The Saracens Moores having invaded Spain an 713 were manfully opposed by two Catholique Princes Inigo Imenes surnamed Arista Count of Bigorre who conquered upon them part of the Pyrenees and founded the little Kingdom of Suprarba called afterward Navarra The other Prince was Don Pelagus Uncle or Cousin to King Rodriguez dispossest before by the Saracens This Prince founded a Kingdom towards Asturia called Gallicia or Leon or the Kingdom of Oviedo He and his Descendants and people stretching themselves towards the plains recovered the Country as farre as the Strait of Gibralter and built many Castles upon their Frontier to keepe out the Saracens Whence the Country was called Gastilia which remained under the subjection of the Kings of Oviedo till the year 896. when the Castilians incensed against their King Frocla who had usurped the State of his Nephews cantonned themselves and chose two soveraign Judges The two first were Nugno Rasuro and Flavio Galvo But about 40 years after an 939. Sanchez King of Oviedo and Leon made himselfe Master of Castilia and reunited it unto the Kingdom of Oviedo where it remained till Dom Sanchez surnamed the Great King of Navarra who had Castilia by his Wife made that famous partage between his three Sons giving Navarra to Garcias his eldest Son to Ferdinando Castilia and Leon and to Ramires his bastard Arragon That partage was about the yeare 1036. which is the date of the birth and distinction of those three States in Spain From that Ferdinand King of Castilia descended long after Alphonsus the IX the Father of three Children one Son called Henry and two Daughters Blanch and Berengera Henry reigned after his Father and dyed without issue Blanch was married to Lewis the VIII King of Frances and was mother of St Lewis Berengerae was married to Alphonsus the IX King of Leon After the death of Henry Blanch as the eldest was the undoubted Heir of Castilia and Beringera had no right to it being the yongest Yet because Beringera was within the Country and Blanch lived in France very sarre she seized upon the state and with it invested her Son Ferdinand although many of the Grandees opposed it standing for the right of Blanch which caused great troubles till St. Lewis to whom Castilia belonged after his
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 wile 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 invaded 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 Sanches 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 Navarro 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 Mother of 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 excommunicated all that took part with Lewis and put an interdict as they call it upon
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 Charolois 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 Dolphin Francis but was since neglected That authenticall union of Britain with the Crown cannot
and Bohemia slain by the Turks in the battel of Mohats An. 1526. He dying without Children the Crowne fell to his sister Anne whom Charles the V. her brother in law presently caused to be married to his brother Ferdinand So the two Kingdoms of Bohemia and Hungary entred into the House of Austria To Bohemia were annext also Moravia Silesia and the two Lusatia's Under the name of Hungary was contained also Transylvania with part of Bulgaris Croatia Slavonia Dalmatia But the greatest part of these is now in the hand of the Turks 6. The State of Portugal began about the year 1090. in the person of Henry a French Prince of the House of Burgundy and continued among many changes to the death of King Sebastian An. 1579. after whom in the raign of his great Uncle Cardinal Henry there was a dispute between many contenders for the succession But Philip the II. King of Spain got it by Arms An. 1580. claiming right to it by his Mother Isabella Daughter to King Emanuel for the reasons which we shal speak of in the next Chapter From that Kingdom depends that of Algarba the Towns of Ceuta Tanger and Marsagan in Africa An infinite number of Ilands and Caps from the Cap of good Hope the Kingdoms of Congo Angola Bresia And beyond the Cap of good Hope an infinite number of Towns Isles Countries and Forts as far as China and the extremity of the East All that is comprehended under the name of East-Indies discovered at severall times since Vasco Gamma a Gentleman of Portugal past the Cap of good Hope An. 1497. under Emanuel King of Portugal It is then by the right of Isabella wife to the Emperour Charles the V. that the great Estate of Portugal was devolved to the House of Austria To which Estate they have since added several pieces by conquest or otherwise Charles the V. got the Lordship of Utrecht from the Bishop as we said before The soveraignty of Flanders and Artois was appropriated to them as they pretend by the Treaties of Madrid An. 1525. Of Cambray An. 1529. Of Crespy An. 1544. The same Charles got the Town of Mastricht An. 1530. although the Bishop of Liege pretended the halfe of it to belong to his jurisdiction In the year 1530. he invested Ludovic Sforza with the Dutchy of Milan upon condition that if he dyed childlesse Philip the II. King of Spain should succeed him which happened five years after An. 1536. he got the Dutchy of Guelders the County of Zutsen and the Lordship of Groning by a Treaty with Charles the Duk of Guelders who dyed an 1538. An. 1543. he made himselfe Master of the Town of Cambra as Protector of that Imperiall Town which being since got by the French and lost again was confirmed to the Spaniards by the Treaty of Vervins An. 1538. the same Charles having got the Town of Siena gave it to Cosmo Duke of Florence to be an homage for it to the King of Spain paying six thousand Ducats of entry at every change of Duke Philip the II. King of Spain took from the Turks an 1554. the Fort of Pignon Veles and Gomera in Africa An. 1571. he wrested the Marquisat of Final from the House of Carreto Philip the III. took from the Moores in Africa the Townes of Arrach and Mamora These are the principal pieces of that great State of vast extent And I think one may truly say that the House of Austria holds more ground then ever any Prince did But these pieces being scattered that State is not strong glorious and formidable according to its extent That House of Austria was divided into two branches the Spanish and the German between Charles and Ferdinand brothers and successively Emperours Sons to Archiduke Philip and Jane of Spain Charles was the head of the Spanish branch which holds in Europa and out of it all that we said before Ferdinand brother of Charles was the head of the German branch which now holds the Empire To him Charles yeelded the ancient patrimonial Estate of the House of Austria within the limits of Germany The same Ferdinand by his marriage with Anne inheritrix of Hungary and Bohemia united those two Crowns to his States These two Branches at this present hold these Estates saving that which Gustavus the King of Sweden hath taken from them and what the French have got in these Warres from the Spaniard In the Low Countries Hesdin Arras Bapaume Landrecy Thionville Quesnoy c. Towards Spain the County of Roussillon and Penpignan Then the Catalonians have revolted and given themselves to the French Portugal also hath shaken the yoak and chosen a King of the House of Braganza Of elder date part of the Low-Countries have cantonned themselves and are now Soveraigns The Turk hath got the most part of Hungary and Transylvania acknowledgeth no more the House Austria CHAP. III. A discussing of the Rights now in dispute betweene the Houses of France and Austria THe contentions between these two Families these 150 yeares and of the Nations subject unto them especially the French and the Spaniards comes not onely out of naturall antipathy and contrary inclinations but chiefly out of the pretences that the one house hath upon the other For as between private persons so among Princes the neighbourhood of grounds breeds quarrells And these severall pretences yet undecided ought to be examined to know the ground of all the late and present Wars Of these large volumes of Histories and Polemical writings might be and have been written but here I undertake no more but faithfully to set down the grounds of pretences on both sides Which though I will do briefly and summarily yet will I omit nothing essential and fit to decide the differences To do this orderly we will divide this Chapter into two points The first of the pretences of the house of Austria upon France The second of the pretences of France upon the house of Austria First Point The pretences of the house of Austria upon that of France AL though the house of Austria both the Spanish and the German have pretences different from that of the Empire which they hold only by Election and upon Condition of yielding and depositing it again in the hands of the Electours after the death of each Emperour Yet their interesses are now so united that the Imperial rights and those of the house of Austria can hardly be separated Wherefore we will examine them together All the pretences of that Family are either upon the Soveraignty of the Kingdom of France or part thereof especially upon the propriety of Province the Dutchy of Burgundy the Towns of Mets Thoul and Verdun the Towns upon the River of Somme and the Dutchy of Britain These must be examined Paragraphe I. The pretended Rights of the Empire upon the Soveraignty of France Concerning that Right now stale and indeed ridiculous four things are to be considered 1. The Roman Empire which began in Julius Caesar or Augustus
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 Charles 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 Vermandois 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 somewhat 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 Daulphinée 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
Mother thus composed the difference Ferdinand the usurper of Castilia over Blanch and St Lewis was Father of Alphonsus the X. King of Castilia and Leon against whom St Lewis having an Action for Castilia one of the two Kingdoms married his Daughter Blanch Grand-daughter of Blanch the inheritrice of Castilia an 1267. with Ferdinand surnamed De la Cerda eldest Son to that Alphonsus the X. By the contract of marriage it was agreed that S. Lewis yielded all his rights over Castilia to his Daughter Blanch and her Children after her upon which conditions performed France lost her claime upon that Kingdome but that Ferdinand de la Cerda dyed before his Father Alphonsus and his younger Brother Sanchez usurped the Crown depriving his Nephews Sons to Ferdinand and Blanch of their right From that usurper Sanchez all the Kings of Spain to this day are descended From the dispossest Children of Ferdinand and Blanch of France is descended the House of the Dukes of Medina Coeli who retaining still the memory of that degradation and of their birth-right over the family of Sanchez make their protestations at every change of State that if the family now reigning should fail they might enter upon their right Out of that discourse four things doe result for our purpose 1. That after the death of Henry King of Castilia all the right of the Kingdome belonged to his sister Blanch and after her to her Son St Lewis and that Berengera the younger sister of Blanch and her Son Ferdinand were usurpers 2. That St Lewis indeed yeelded his rights by the contract of marriage between Ferdinand de la Cerda and his Daughter Blanch. One might say that it was more then he could doe for the rights of the Crown cannot be alienated But they had not then such absolute maxims and were not so jealous as now of preserving the union of States which in those dayes were often divided exchanged bought and sold And St Lewis sufficiently perceived the impossibility of governing the French and the Castilians together 3. But that Cession was conditionall requiring that the Children of Ferdinand and Blanch should inherit the Crown That condition having been violated by the usurpation of Sanchez younger Brother to Ferdinand and the poor Princes Children to Ferdinand and Blanch being disinherited and proscribed that cession of St Lewis becomes void by right and the claim of the French might be good if it was not somewhat too old 4. At least all that Right of St Lewis remaines with the descendants of Ferdinand and Blanch the Dukes of Medina Coeli for they have double right the one from Ferdinand as elder Brother to Sanchez the other from Blanch to whom her Father St Lewis had conferred his right And if the House of Medina Coeli would prosecute it they should be well grounded and the French Kings might defend their claim very justly as their successors and fetching their right from them Paragraphe II. Of the Kingdome of Portugal Portugal a part of the old Lusitania is one of the Provinces of Spain near the great Ocean cean under Gallicia between the Rivers of Duerno Minio and Tajo To which also belongs a little State called the Kingdom of Algarba which is the point of the Cap St Vincent next to the Isle of Cadiz and the Strait of Gibraliar That Country was wasted and conquered by the Saracens as the rest of Spain by that great inundation of those barbarous Nations an 713. All the Christian Princes and all the Nobility and Gentry of the Kingdomes of the West even after the time of Charlemagne and Lewis the Meek who were there in person very willingly went to make Warre in Spain against these Saracen Moores Especially an 1090. a little before the enterprise of the holy Warre Philip the I. reigning in France Alphonsus the VIII in Spain many Princes and Noblemen consederated themselves and went into Spain against them The most eminent was Henry of the first Royal House of Burgundy for although there hath been much dispute about his Origine now all Historians acknowledge that he was Grand child to Robert Brother to King Henry the I who had Burgundy given him for his apanage This Henry of Burgundy having done great exploits against the Moores married Teresa naturall Daughter of Alphonsus who gave her for her portion the Townes of Coimbra Braga and others in Portugal with forces to conquer the rest of which he quitted himself so well that he expelled the Infidels from great part of Portugal of which he was called Comes or Count and no other title did he bear all his life time He dyed an 1112. and left a Son named Alphonsus who took Lisbone and much Country besides and was called the first King of Portugal an 1139. From that Alphonsus is descended the whole House of Portugal till the death of Henry the Cardinall King an 1580. at which time Portugal was united with Spain The great difficulty about the succession of that Kingdom whether it belong to the house of Spain or to that of Braganza or to that of Parma is nothing to this purpose It hath wearied the reasoning of the greatest Polititians for threescore yeares and finally hath ended in a generall revolt of Portugal and a bloody War Certainly although such as are most jealous of the growth of Spaine will vote for the House of Braganza and that of Parma the question is not without difficulty But France hath a further pretence to the Kindom of Portugal for which we must remount higher Alphonsus the II King of Portugal had two Sons Sanchez the II surnamed Capel and Alphonsus Sanchez raigned after his Father but with small vigour and was despised by his subjects Alphonsus living then in the Court of St Lewis where he received much honour as being his kinsman by Blanch of Castilia the Kings Mother By his meanes he married Mahaut of Dampmartin Widow to a Prince of the blood an 1235. and by her had Children The people of Portugal weary of their King Sanchez desired Alphonsus to come home and take the tuition of the State which he did leaving his wife Mahaut in France And his Brother being degraded and himselfe made King he forgot his wife and children in France and married Beatrix naturall Daughter of Alphonsus the IX King of Castilia who gave her for her portion the Kingdom of Algarba Because his first wife was living that 2d marriage was accounted unlawful yea Alphonsus was excommunicated for it by Pope Alexander the IV. and hated by all the Princes and Mahaut coming into Spain made a heavy complaint against him Who was so hardened in that sin that he protested that if a hundred wives would have him he would marry them all Yet being a great Warriour and a wise and prosperous King he maintained himself by the love of his subjects insomuch that Mahaut being dead the Bishops of Portugal obtained his absolution of Urban the IV. and the confirmation of that second marriage
the XII had made a little before he died 2. His next work was the Conquest of the Dutchy of Milan He passeth into Italie and wins the battail of Marignan in Piemont against the Switzers who had undertaken to maintain Maximilian Sforza in his new possession of Milan which they had got for him He gets Milan Maximilian Sforza yields himself to him for a Pension of threescore thousand Crowns and retires himself into France This was the third time that the French had got Milan of the Sforzas 3. Francis and Charles being both young and ambitious it could not be expected that they should long live in peace because Charles being born a subject to France kept Navarra which the house of Albret had lost for adhering to France Then Ferdinand had expelled the French out of Naples wrongfully say they This Ferdinand died an 1516. and Charles inherited all these great States exalted to the height of greatnesse wanting nothing but the Empire and Austria which his Grandfather Maximilian left him by his death three years after In the birth of these two eminent powers which have cost so much blood and tears to the Christian world before they had conceived that great hatred which was between them after the Deputies of both sides met at Noyon and this was called the Treaty of Noyon an 1516 where it was concluded that Francis should yield all his rights in the Kingdom of Naples for a yearly pension of a hundred thousand Crowns 2. That Charls then called the Archiduke should marry Lovise the eldest daughter of Francis instead of Renee sister to the Queen Claude 3. That the Archduke should restore the Kingdome of Navarra to Henry Son to John d' Albret or in defect of it that he should otherwise content him within six months The King and the Archduke swore that Treaty and give the one to the other the order of Knighthood The King that of St. Michael the Archduke that of the Golden Fleece made an alliance for ever and to confirme it promist to have an interview at Cambray But Ferdinand being dead soon after Charles made hast to passe into Spain to take possession of his Estates and neglected the Articles of Noyon especially the restitution of Navarra 4. Yet for three years after nothing was stirred on either side because Martin Luther having alarmed all Europe with his Doctrine the Pope Leo the X procured a generall truce for five years among all Princes But Maximilian the Emperonr being dead an 1519. and Charles being increased with the inheritance of Austria and the Title of Emperour Francis the I. conceived a great indignation that a vassall of his should have been preferred before him to the Empire whcih he had been a suitour for with great earnestnesse which jealousie would never suffer these two Princes to agree 5. Each of them had a great Minister of State by their persons Francis had Artus Gouffier Sieur de Boissi Great Master of France Charles had been bred by Guillaume de Crovy Sieur de Ceures whom Lewis the XII had recommended to him These two foreseeing the misfortune which the ambition of these two Princes was drawing upon Christendom resolved to meet to make a peace and alliance for ever Montpelier was the place chosen for that meeting But as soon as Boissi was come and began to treat with Ceures he fell into a fever and died leaving that great work imperfect which no body since was able to finish Paragraphe III. From the death of Maximilian an 1519. to the Treaty of Madrid an 1525. By the death of the Emperour Maximilian Charles was made possessour of Austria and the Empire being possest before of the Inheritances of Burgundy Arragon and Castilia A greatnesse which swelled his mind and made him loose his respect to Francis Hee complained that Francis had taken Claude from him the eldest daughter of Lewis the XII which was promist to him Francis redemanded Navarra Naples and the homages for the Counties of Flanders and Artois which Charles took to be too low for the quality of an Emperour Charles also complained that the Dutchy of Burgundy the Patrimony of his Grandmother Mary was kept from him and the Dutchy of Milan belonging to the Sforzas and to the Empire The great fire of War which lasted forty years between these two houses brake our upon a very slender occasion Robert de la March Duke of Bovillon adjudgd by the Peers of his Dutchy which pretend themselves to be Soveraigns the Town of Hierges in Ardennes to the Prince of Chimay of the house of Crovi against the Lord d' Esmeries to whom the Emperour gave a writ of relief although Robert pretended the judgement of his Peeres to be Soveraign Robert incensed against the Emperour made his addresse to Francis the I and offered him his service The King received him courteously yet forbad his subjects to assist him not willing to break with the Emperour But Robert proud to have the protection of France denounceth Warre to the Emperour who was then at Wormes to pacifie the troubles rising in Germany about Luther and attempts to surprise some places in Luxemburg But the Emperour presently seizeth upon the Estate of that little Prince and constrains him to ask him pardon reproaching Francis in an odious manner for receiving his rebellious subject About the same time Francis upon the inexecution of the Treaty of Noyon Charles refusing to make restitution of Navarra to Henry d' Albret took the quarrell of that dispossessed Prince and sent Andrew de Foix Lord de Esparre brother to Monsieur de Lautre into Navarra where the French did some exploit at the first but were soon repelled by the Spaniards Charles taketh that enterprise for an infraction of the peace between the two houses though it was but a succour given to a confederate of France to prosecute his rights He makes great preparatives of war makes Leo the X break w th France joyn with him promising that after the Conquest of Milan he would give to the Church the Townes of Parma and Placentia members of that Dutchy to which the Popes had some old pretence Such was the origine of the first War between Francis and Charles an 1521. The first three or four yeares there were great exploits in Champagne in Navarra in Provence and in the Dutchy of Milan In Tierasche the Emperour took Mouzon and besieged Mezieres which Anne de Mommorency who since was Constable of France and Chevalier Bayard defended bravely And Francis took Bapaume and Landrecy from the Emperour and gave him the Chase In Navarra the French had advanced but little in the years 1519. and 1520. But in the year 1521. the Admirall of Bonnivet besieged Fontarabie and took it and made Monsieur du Lude Governour of the same who being besieged a whole year by the Spaniards defended it with great valour till la Palisse since Marshall of France made them forsake the Siege But Frauget an old Captain being