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A04988 A Catholicke apologie against the libels, declarations, aduices, and consultations made, written, and published by those of the League, perturbers of the quiet estate of the realme of France Who are risen since the decease of the late Monsier, the Kings onely brother. By E.D.L.I.C.; Apologie catholique. English Belloy, Pierre de, ca. 1540-1613.; Aggas, Edward, attributed name. 1585 (1585) STC 15137; ESTC S108196 138,975 314

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prouoked vnder pretence of the sayd interdiction did him some displeasure Howbeit so soone as hee seemed willing to mend his maners toward the English natiō they fell at his feete and expulsed Lewes of Fraunce whom they had subrogated in his place so soone as the sayd Iohn was dead admitted his sonne Henry King Henry the eight of the same Ile was very faithfully obeyed by his subiects after that Pope Paule the third had excommunicated interdicted aggrauated and reaggrauated the curse against him wherby some were somewhat shaken frō his obediēce Su●noo King of Denmarke about the yeere of our Lord 850. was iustly excōmunicated by y ● Bishop of Roscholech for becomming an Apostata and procuring to slay sundry of the Princes of his blood in the Church founded in the name of the holy Trinitie in the same Towne of Rhoscholech the entry into which Church this Bishop forbad him together with the communiō of the faithfull but he did not neuerthelesse depriue him of his Crowne neither did his subiects refuse him their faithfull seruice although Canutus and Wademarus two of his chiefest fauorites and priuy Counsailors who sought to share the Realme with Suercherus King of Sueden did thereto suborne them Brigerus King of Sueden who raigned about the yere 1300. was one of the most wicked and cruell Kings that could be especially against the Church and Churchmen but chiefly against Nicholas Archbishop of Vpsale whom together with the rest of his Bishops he committed to prison wherevpon they excommunicated him and Turgillus Canutus his Lieutenant general and author of his behauiours neuerthelesse the people though therby stirred vp against their King and hauing greater opportunitie to rebel and shake of the yoke of his obedience vnder the conduct of Wademarus and Henry his brothers who sought no better occasion to put out their brother would neuer hearken to thē neither hinder or become cruell to their naturall Lord so as the two brothers were forced to employe their other friendes for the executing of their intēts against Brigerus whom when they had taken prisoner they were neuerthelesse compelled to force al the townes neither found they any one that would yeeld to them so greatly did the Subiectes of the Realme accoumpt themselues bound to the seruice of their King whom they knew to be wicked excommunicate and an euill liuer besides a prisoner and captiue in the power of his brethren whom in the ende they forced to set him at libertie to submit themselues to his obedience Of such force is the bond of good people to their King whatsoeuer he be In Poland Boles●aus a Prince of most wicked life a commō adulterer an enemie to the Church and Cleargie after Stanis●aus Bishop of Cracouy had often admonished him to amend was by him at length excommunicated whereat the King being offended did put the sayd Bishop to death for which cause Pope Gregory the seuenth did confirme and aggrauate the sayd excommunication with a generall interdiction against the Realme about the yeere 1079. yet did he still raigne by the consent and with the obedience of the Polonians ouer whom he ruled a whole yere and more vntill in his iourney to Ladislaus King of Hungary hee flewe himselfe peraduenture through the iust iudgement of God The Emperour Sigismund and his faction could neuer winne the Bohemians from the due affection that they ought to his brother Winceslaus their naturall King though vicious wicked filthy for the which offences through the practises of the said Sigismund he was often emprisoned and excommunicated by the Bishops of that coūtrey yea by the Electors deposed from the Empire so as in the ende he dyed in Boheme still taking the place order and qualitie Royall through the goodwill of his Subiects who deemed that the same could not perticulerly conteyne any dispensation to discharge the subiects therof of the oath and faith that to him they ought as also they may not be discharged frō his bondage but onely by death or his owne liberall cession which he would make to an other as did Albert King of Sueden about the yeere 1388. beeing prisoner to Margaret Queene of Denmark and Norway to whom he yeelded whatsoeuer his right to the Crowne of Gothland and Sueden whereby the States of the countrey sware their faith and homage to the sayde Margaret and after they had secretly enquired of their King sundry times solemnly desired him to shew them his mind or els to discharge them of the duetie wherein they stood bound to him although vndoubtedly the Suedens had great cause to seeke his mishap for all Histories doe agree that neuer Prince committed so many outrages and wrought so many iniuries to his subiects as had this Albert. It therefore remaineth that by the lawe of Nations the inuiolable keeping of the obligation that the subiectes doe owe to their naturall Prince and not to depart therefro at the appetite or sentence of others haue euen among the most barbarous people bene euermore obserued so as wee ought in respect of the bonde that wee owe him say of the King and his bloud as of Matrimonie whom God hath ioyned together let no man put a sunder 22 But let vs more perticulerly learne whether the sentence of excommunication were lawfully vppon reasonable cause and exemplary occasion pronounced against a King and done by the iudgements of many Popes of Roome within these fiue hundred yeeres against such Kings and Emperours to whō they haue borne bad minds Although I thinke it not meete to ground any lawe vpon the examples of these men in troth full fraught with ambition more then humaine affection but it is requisite to examine this question by the rules of Gods lawe and politicke reason established for the preseruation of the societie of mankinde Herein therefore I say y t the sentence of excōmunicatiō denoūced against a King how iust soeuer the cause bee and conteyneth dispensation for the oath and duetie that the subiects do owe vnto him this licence and tolleration vnto the people graunted is repugnant to the lawe of God and all mans reason For sith the subiects are by Gods commandement bound to obeye their Princes whatsoeuer without any further enquirie of their consciences and behauiours they cannot by any tradition or permission of man either generall or perticuler be dispensed with because no man can enterprize vpon Gods ordenances and euery dispensation so graunted is voyde as beeing repugnant to the deuine prouidence As Pope Leo and Vrban haue very wisely confessed Especially sith this dispensation cannot bee put in execution without great sclaunder and shedding of bloud by reason of such warres and quarels as will be raysed through the rebellion of the Subiects against their Prince their Kings resistance not onely in respect of his conscience but also for his Estate and the defence of his Crowne In such necessities therefore Pope Gelasius teacheth vs that we are especially
graunt vs peace and by meanes thereof to reunite vs in the Faith and Religion of the Catholicke Church so to serue him faithfully with our good King to set to our shoulders to helpe to support the burthen of commaunding in this Realme layd vpon him in heauen yeelding our selues pliant simple and obedient to his commaundements to the end altogether we may serue and praise the deuine Maiestie holily and peaceably euery one according to his duetie the Prince in peaceable and wise gouernmēt of vs as hetherto through the grace of che holy Ghost he hath done our selues in louing reuerencing obeying and faithfully seruing his Maiestie as wee are bound vnder payne of eternall damnation For so long as we are in this world if we doe otherwise we shall resemble the Marriners that in the Ship quarrelling with their Pilot oppressed with the tempest and enuironed with the enemie doe in the ende finde themselues forced to saile away with some mercenary straungers who will no longer haue any care of their safetie then the commoditie and sweetnesse of their wages shall continue Surch surely will bee the life that we shal leade in case we become so detestable as to disunite our selues frō our King and the sacred bloud of his Crowne abroade standing in feare of the enemie at home not onely of our fellowe Citizens but also of our domesticall seruaunts our allies our cossens our brethren our parents our wiues and our children wherby we shal haue warre with the straunger sedition in the Citie and mistrust in the householde alwaies in in feare miserable needy and stil past hope of better for the good will habandon vs as vnworthy their succour and the bad will deuour vs. What blesse then what pleasure what contentation may we hope for so long as vppon earth wee leade this life and bee led by those y t bely the forme countenance gesture speech and behauiour of the man that they beare no lesse thē Satires Apes or Beares as also we may rightly terme them Wolues and monsters borne in this Commonwealth for the nourishing and bringing vp of whom I feare wee may bee called enemies to God and our owne nature which by companying with these wilde beastes we doe corrupt But to returne to our purpose Concerning the heresie falsly pretended against the King of Nauarre although the reasons aforesayd bee most true waightie and such as can haue no contrary aunswere vailable yet as a Catholicke I do most humbly beseech the said King of Nauarre diligently to thinck vpon his affayres yea although in his minde hee could conceiue no other consideration then the preseruation and peace of so much people in that he by whom the offence commeth is accursed of God whether he shal not more grieuously offende God and his owne conscience in being a cloake and pretēce of so many miseries to his Countrey and the French nation for whose defence he is borne then with his fathers and common custome of old receiued in erring if there be any error therein Let him also iudge whether he bee not bound to aunswer before God for the liues of so many persons who through his occasion shal perish also for the blasphemies that consequently will be committed Let him aduise himselfe whether hee were not better to doe as the good and gentle Householder who sometimes omitteth the seueritie of his age to play with his children and with clemencie giueth them space to measure the force of his amitie excusing their insolent youth and bolde rashnesse ioyning and going close with them after the example of the wise and well aduised Athenian when his people were most obstinatly resolued to oppose thē selues directly against his meaning For my parte Sir I beseech your Maiestie to giue mee leaue to tell you that all good Frenchmen true Catholickes and faithfull subiects to you this Crowne doe euen in humaine reason greatly bewayle the state of our poore Fraunce in seeing that your enemies are so well at ease or doe peraduenture nourish about your Maiestie some such persons as keepe their vizarde from bee plucked off For in truth Sir it lyeth in you through the grace of the holy Ghost to yeeld more fruite to the Church of GOD for the aduauncement whereof you haue hetherto thought to fight and more ouer to procure your selfe to bee esteemed more profitable commodious and honorable to all by planting peace in time in this Realm and giuing an example to the rest of Christiandom with assurance to the King that raigneth ouer you and his subiects who looke vpon you by your good life and gentle common conuersation which in all other actions your aduersaries them selues doe seeme to confesse then by any other worldly meanes that you cā choose Besides that it is an vndoubted and political maxime mislike it who will that it is not for Kings who haue authoritie and gouernment ouer so many seuerall braynes which GOD may reserue vnto you if it so please him or he be so determined in his priuate counsaile notwithstanding all the Deuilles do rage to set other where then in their Closets vpon any of these extremities because it would bee vnpossible to toyne and compose these together especially in the world wherin you are borne wherein also your selfe doe well knowe and haue by domesticall examples learned that it behoueth you and all other the Princes in this world to bow to make your selues to be obeyed to preserue your estates by meanes more then artificial and ful of humaine wisedome in respect of the frowarnesse peeuishnesse and bad nature of subiects But more perticulerly in this case wherein our common enemies haue for these 25. yeeres accustomed the French nation to the vse of weapons and the veryest fooles of whom there are ouer many to contemne the Maiestie of their King lawe and Iustice and to the contrary haue suborned flattered and stolne away the most of their hearts vnder a false pretence and zeale of Religion which your seruants do wish you to winne again as it were an easie matter to doe being desirous of your quiet honor and to the aduancement of Gods glorie the peace of this Realme and the encrease of the Crowne of France fearing least all Christiandome should swarme to the tearing of it in an hundred peeces or the mutinous Rebelles that are within the Realme should rent and dismember this goodly Kidney of Europe which without doubt is the goodliest and most perfect Kingdome vpon earth At the least sir sith these great Dukes of fained Catholichisine who in a iolitie haue declared themselues your aduersaries doe beare for their deuise the destruction bloud of the innocent Frenchmen which by their often murders they haue shed and are not yet satisfied as their Bugbearlike terrors that they propound vnto vs doe shew I doe most humbly desire you to the contrary to bee the Pelican and to beare the same deuise that the Great Alphonsus the 10. of that name King of Spayne
may exclude his Vnckle euen as his deceased father might haue done because in such successions there is place but for one Moreouer wee knowe that the obligations wherein the father stand charged to his sonne are in like force and vertue in the persons of his issue and therefore the Grandfather is bounde to endowe his niepce for her fathers sake so as the same right whereby the Daughter maye force her Grandfather to marrie her is in consideratiō of his sonne because saith Celsus the Grandfathers duetie to his niepce ariseth of his fatherly loue to his sonne and therby his children ought to haue the same that to him had apperteyned if he had liued in the world In an other place the Emperours Zeno and Iustinian haue decreed that at the decease of one of the children of the first bed the part that he should haue had in the giftes betweene his father and mother at their mariage cannot arise to his brethren but must by their willes apperteyne to his children if at his decease he left any during his fathers life Pomponius speaking of a Libertine who had promised his endeuour to two Patrons is of opinion that if the one dye the same dueties belong to his children notwithstanding the other do liue Which can not be but in respect of the Obligation wherein this boundman was bovnd to their father To be briefe I might be tedious in discoursing vppon infinite continuations and substitutions of Children in the roumes of their deceased Fathers Neither is to any purpose that aunswere of those of contrary opinion which alleadge that whatsoeuer wee haue sayd taketh place only where the father is of him self perfect and in his owne person doth certainly obteyne For I say moreouer that in cace there were no more but the onely and sometime vaine hope yet were it lawfull for the sonne to vse the same and to seeke out the effects that may come to hande as it appeareth in the father Haereditatem non aditam ad quam nullum adhuc habet ius quaesitum nec actionem ad liberos transmittit quinimò conditionale fidei commissum querelam in officiosi testamenti non praeparatam iudicium operarum non contestatum such like wherein doe very often consist the power and force of ●ature although the children be not heires to their father 4 The second reason is meere ciuil wherby we saye the right of eldership is borne and formed in the person of the Father at his first entry into the world Moses termeth it primogenita tua by a possessiue pronoune The Interpreter doe describe it Ius prioris aetatis honorificum vtile competens filio quia primus est in ordine nascendi So consequently he is of nature and therefore transmissible whereby also during the Fathers life the eldest sonne is called King Duke Earle c. of his fathers qualitie the hope of which senioritie he may sell giue dispose transferre and resigne to an other mans person as Esau did to Iacob especially because he hath notable interest therin as in this matter in respect of the natural affection he beareth to his sonne and the desire that nature hath planted in him to leaue his sonne substituted and successor in his roume besides that sith eldership is an excellent and notable dignitie death or any other mishap of the father cannot bee preiudiciall to the sonne who in this poinct is not considered as inheritour to his deceased father but onely in the qualitie of a sonne whereby all whatsoeuer his fathers rightes are to him obteyned and without difficultie reserued It is not therefore properly transmission whereby the sonne succeedeth in his fathers seniority but more truely it is termed continuation represematiō and naturall substitution in his owne person and therefore deuided from the fathers right and qualitie though extract out of the same whereof it oftentymes falleth out according to the doctrine of Barth Aret. Alex. and Iason that it can not perish by the death of the father first borne for commonly we say when a person is the onely cause of a priuiledge he loseth him selfe and vanisheth therein otherwise if he be brought forth of any qualitie seperate and diuers from the man although resident in him as in a free birth in which case it is transmissible and may be obteined to his successors in whose person he was resident Euen in this case our interpreters doe vpholde that the right of eldership because it is formed and wauteth no more but execution and full possession may iustly be compared Iuri accescendi Iuri deliberandi which are transmissible and doe extend to the heires 5 The third reason for the neuewe is that the right of eldership is a constitution and decree or rather a legal and customary institution established in the fauour and benefite of the first borne to whom by the same order are substituted the younger in case the elder dye before them Now it is certaine that the lawe is of like or greater authoritie then composition or contract betweene parties by which compact whatsoeuer is to vs meerely or conditionally due is transmissible and may bee obteined for the successors or heires of the obteyner so consequently although the right of eldership were not perfect or fully obteyned to the first borne as it is but had therein any modification or naturall condition yet should it together with all the qualities therof be obteyned and belong to the sonne of the elder to whom the lawe hath had regarde no lesse then they qui paciscūtur tam haeredibus quàm sibi ipsis cauent which is the reason of the difference wherby that which is to vs due conditionally by vertue of a later dispostion cannot belong to our heires before the conditiō accōplished because the deceased thought not to giue it to any other then him whom he named but contrariwise contractors doc couet to obteyne whatsoeuer their rightes to their substitutes after their decease Besides that this substitution by custome made of the yonger to their elder brothers cannot bee vnderstood but in case the elder dye without issue as we say out of Papinians opinion that the substitution of the father made vnto the sonne is ment if this should dye without issue The fourth is that although the sonne of the elder be a degree further of then his Vnckle yet beeing substituted in his fathers roume and place hee must bee preferred because the right of preferment is not obteined to vs onely but also by the right person of an other so that so long as any portion or rellique of this senioritie shall remaine no other cā take place by any meane whatsoeuer euen as wee doe mainteine that how small soeuer the tokē of the former tutel be it is in respect of the sonne sufficient to hinder any other or diuers course of the same and so consequently the sonne qui est portio