Constantinople about the the tyme whereof he thereupon declared his will as is to bee gathered by the dates of the sayde Counsaile and the Emperours decree inserted into his last Code and afterwarde confirmed by sundry the nouell constitutions of the sayd Prince whereby hereticks are debarred all right of â—uccession Assuredly this obiection at the first blush beareth a great shewe but we must therein of necessitie resolue two poyntes the one of the lawe the other of the deede In the first wee are to dispute whether an heretick may be depriued of that Realme that falleth to him by succession as this doth to the King of Nauarre In the other whether in this present action the King of Nauarre may bee termed an Hereticke and as such a one bee depriued of his succession 8 For the first I saye and maintaine that those Ordenances of Emperors and Canonicall decrees which doe depriue hereticks of successions are written and speake onely of particuler Christians whose goodes and successions are subiect to the politicke lawes of the Magistrates of the land but it is otherwise in cace of Empires and Realmes which may not bee wrested out of their handes that are the true Lordes of the same either for heresie or other cause whatsoeuer because they be holden immediatly of the hand of almightie God and not of meÌ„ as it was argued and concluded in the Counsaile of Paris holden vnder Lewes the meeke Lothair his sonne Kings of France and Emperours about the yeere 829. which was ratefied vpon the saying of the Wise man Counsaile equitie wisedome knowledge are myne by me do Kings raigne and Counsailors publish their decrees in righteousnesse of me are Empires holden The like is to be read in the prophesie of Daniell The sentence is according to the decree of the watch men and according to the worde of the holy one to the ende the liuing may knowe that the most high hath power ouer the kingdome of men and giueth it to whomsoeuer he will and appointeth ouer it the most abiect among men The same Prophet soone after saith as much to Balthazar King of Babylon in representing to him the force of Nabuchodonozer the Monarke of Assiria The Prophet Ieremie in his speech of the King of Kings teacheth vs also I haue made the earth and man and beast vppon the face of the earth through my force and with my outstretched arme haue giuen it to whom it hath pleased me So that â—ubiects are not to search into their Kings neither are borne but to obey and serue whatsoeuer their Princes be without any further enquirie of their righteousnesse Feare the King and knowe that his election is of God saith the Apostle And when any of them doe commaunde or wield the Scepter royall it commeth of the fauour goodnesse and grace that God purposeth to extende to his people in graunting them a good King endued with pietie iustice and Christian Religion the others also are the scourges and roddes of his wrath and iustice whereof the Prophet Ozee saith In my wrath wil I giue thee a King And Iob Who maketh the hypocrite to raigne for the sinnes of the people for Gods wrath being kindled against vs he will sende vs a King such a one as our offences shall deserue because as it is written in the same booke of Iob If wee haue a wicked King wee are yet worse then he The place of Isidore is very fit to this purpose It is saith he a hard matter to make the Prince amend if he be giuen to vice for the people stand in awe of the Magistrate but Kings if they be not withholden by the onely feare of God and dred of the torments of hell doe abandon themselues to all libertie and runne headlong into the bottomlesse pit of sinne I say therefore that it is not for the people otherwise then with humilitie and obedience to controule the actions and qualities of their King but their duetie is onely to cast vp their eyes to heauen and to consider with themselues that by the wil of God the Scepter is fallen into his handes and power that beareth the Crowne whether he bee good or bad especially being there to called by lawful succession such as is in our France wherein by the Monarchiall lawe the people haue not onely referred al their power into the Kings hand and might but which is more haue also tyed their owne hands so as they can haue no redresse so long as any male of the bloud royall doe remaine according to the lawe of the Realme being the neerest male in agnation to the deceased after the generall custome of France yea notwithstanding he bee vnable vncapable and do want discretion to gouerne the Estate in all which causes they may only appoynt him a tutor and administrator of the publicke affayres the order wherof haue bene practized in our Fraunce vpon Charles the Simple and Charles the sixt For notwithstanding the Realme especially ours be not properly hereditary patrimoniall or fâ—udall yet it is successiue and falleth to the neerest not in qualitie of heire to the deceased but as to the next in bloud in masculin ligne so that consequeÌ„tly what euer he be he is called and whatsoeuer default be in his person either of age iudgement or what els soeuer yet may the Estates and Peeres of the Crowne do no more but appoint a tutor to gouerne him and by counsaile to supply whatsoeuer his imperfections because he was elected in heauen so soone as he came into the world All such also as shal resist him who by succession is lawfull King shall encurre the wrath and displeasure of almightie God because we are not to staÌ„d in argument or murmure against the deuine wisedome who for the afflicting of his chosen people and the house of SioÌ„ did many times suffer them to be gouerned by yong wicked franticke and vnfaithfull Kings yea meere Tyrants such as in Iuda were Roboam Ioram Ochozias Amasias Achas Ozias and others who were either Idolaters or misbeleeuers in the true God of Abraham Likewise in Israell Nadab Baaza Achab with his wife Iezabell Manasses and the most part of the rest of their Kings who raigned with more Idolatrie and tyrannie against the fauoured of God then in mans opinion was requisite With the like scourges also God hath visited his Church since y â— time of grace wherin it pleased him to send his deare sonne into the world with his most precious bloud to redeeme vs from our sinnes permitting to sit therein not onely many vnfaithful Emperours and Kings conspired enemies to our faith and heretickes but also particuler Pastors ordeyned for the feeding of the soules of Christians euill liuers and of pernicious example Constantine sonne to great Constantine Valens brother to Valentinian the first and Zeno sonne in lawe to Leo the first Emperours were Arriens Anastase and Iustinian the first of that name were
beeing second after God of whom he houldeth his authoritie and hath nothing greater thē the heauenly power Constantius Valens Zeno Anastazius Iustinian the first and second Heraclius Leo the 3. Phillip Bardanes Constantin the 5. Leo the 4. and some other Emperours who were adiudged hereticks were neuer deposed notwithstanding the Catholicke Church condemned their errors which neuerthelesse is permitted to excommunicate Kings and Princes Sectaries of false opinions or otherwise euill liuers in cace the same will not acknowledge their vice or trāsgression which one onely Bishoppe or high Priest whatsoeuer may not doe without the iudgement and notice of the Church after it hath heard the King or Prince in his exeptiōs and defences wherein vndoubtedly ought to be strictly obserued all order of Iustice in respect aswell of the grauitie of the cause as of the qualitie of the person in question wherevpon may depend the trouble and subuertion of Christiā policie through such ciuil warres as might ensue together with the bloud of the poore faithfull which the weapons of the prouoked Prince might shed as Sainct Augustin to the same purpose doth confesse and discourse vpon in his Glose vpon that precept whereby wee are commaunded to obeye our Kings Moreouer excommunication denoūced contrary to the orders of the auncient fathers obserued in the Church and without the knowledge thereof would proue vniust and vtterly voyde and thereby not the taxed but the taxer might take harme as Gratian teacheth expounding a place of S. Hierome vpō Leuiticus Pope Leo also affirmeth that the priuiledge of Peter is in force wheresoeuer iudgemēt is giuen according to his equitie Innocent the third how zealous he was of his authoritie confesseth that if the excommunicated pretende that vniustly hee was so denounced hee maye complaine and exhibite the cace of his innocencie In France by the priuiledges of the Flowerdeluce it hath often by arrest of y ◠Court bene adiudged y t the King his officers or subiects in body or communaltie cannot bee excommunicated by the Pope or any other Bishop whosoeuer Whervpon Charles du Molin a famous aduocate and one of the greatest Lawyers of his time testified that he had to that ende an expresse Bull of Pope Martin the 5. which was nothing repugnant to the lawe by the Popes commonly obserued for Iohn the 22. declareth that he may graunt priuiledge to some one that hee shall not bee excommunicated whereupon Pope Eugenius the fourth concurring with the Court of the holy Apostolick Sea graunted to the French that no Bishop whatsoeuer should entangle them in the sentēce of excōmunication But we haue not for this occasiō to deale either with Bulls or priuiledges of y e Church of Rome for by the rights authority dignitie of the Maiestie of our king it is not lawfull for the Pope or any Bishop whatsoeuer to excommunicate either towne or communaltie subiect to the Realm of Fraunce By reason whereof in the yeere 1488. the Atturney generall appealed as of abuse from the excommunication that the Pope had laid vpō the Inhabitants of Gaūt because they had dealt hardly with the Emperour Maximilian their Earle and Vassall to the King of Fraunce to whome onely hee ought to haue had recourse as vnto his Lord for remedie the Pope hauing no authoritie ouer the subiects of this Crowne To y ◠same ende also Charles the fifth by an Edict verefied in his Parliament in the yeere 1369. expressely forbad all Bishops and Prelates for whatsoeuer cause to lay the sentence of excōmunicatiō vpon any Towne Communaltie Colledge or body corporate of his Realme the same beeing vnder the onely correction and power of himselfe and of none other in the world which Edict was also renewed by Lewes the 11. in the yeere 1467. whereof is growne a custome inuiolably obserued in France as the Oracle of Apollo of Appellations as of abuse in the Court of Parliament against the Pope and his Cleargie without which remedy the Priestes would in France erect an other and more mightie Monarchie then the Kings for the maintenance and dignitie of the which al good Frenchmen ought rather to dye then suffer it to be diminished So that the Pope and Bishops can proceede no further then to excommunication of perticuler persons according to the order of old tyme obserued by the holy Decrees and Canonicall constitutions Thus to conclude you see how to proceede against Kings and soueraigne Princes Hereticks or otherwise offensiue to the Christian Church which excommunicatiōs being by order of law euermore obserued in the florishing and Primitiue Church denounced wee are to dispute whether by the same we bee discharged of y t faith and oath that by nature wee owe vnto them Wherein are but too euidently knowne the constitutions of the Popes Gregorie the 7. Honorius the 3. Lucius the 3. Innocent the 3. and others by the which they doe not onely declare the subiects of an hereticall or excommunicate Prince absolued from their oath of fidelitie but which is more doe vpon the like penaltie forbid the vassals to obey their Lord after he is adiudged such a one Neuerthelesse I thinke not but such decrees proceeded of a meruelous passion of the Popes of those daies against the Princes of their time And in deede Iohn Andrew Innocent Archidiaconus Panorme many other learned glozers vpon the Decretals being of a contrary aduice doe alledge great difficulties therevpon and in their hypotheses doe perticulerly expounde them in cace by the sentence of excommunication it bee expressely set downe that y ◠subiects shall be discharged of all right of vasselage otherwise they doe iudge the obligation not to be extinct or diminished by the excommunication of their Lord which last in sundry considerations full of Religion and ciuill pietie seemeth to be of great apparēce and too too true First that we are bound to obeye our Kings whether good or bad because they are chosen giuē to vs by the hād of God euen such as it please him to giue to rule ouer vs. Secondly that the excommunication importeth no alteration or diminutiō of the qualitie of the person nec habetis capitis minutionem as the Lawyers doe saye to conteine or comprehend therein depriuation or publication of goodes sed motionem ab ordine Christianorum coetu as saith Modestin of Senator qui Senatu motus capite minutus non est Romae morari potest Moreouer excommunication is a Spirituall discipline medicine and admonition and hath no participation with worldly and temporall goodes and meanes whether great or small as S. Paule saith The armors of our warres are not carnall therfore sith Realmes and Lordships are for the most parte patrimoniall or at the least terestriall whose propertie and possessiō doth no way concerne the kingdome of God the declaratiō of the losse of the one bringeth no consequence for the depriuation from the other Paul the Lawier
their owne and if they may to seaze vpon this Crowne which they haue leueled at euer since the decease of the late Henry the second without employing themselues in any other affaires then seeking the meanes to atteyne thereto yea euen partly they giue out that it were better to conquer the Realme of France then to goe to Hierusalem to seeke for the succession of Godfrey of Buillon I doe therefore most humbly beseech the Queene the Kings mother whom our Espaniolized Frenchmen doe call vpon for their succour to be ware of being deceiued in the faire pretences of these conspirators but to assure her selfe that notwithstanding whatsoeuer their flattering sweete tongue they will neuer bee satisfied but with the life and Scepter of her sonne her selfe Moreouer I beseech God to graunt the King the wisedome of SalomoÌ„ wheÌ„ his mother Bethsabe came to desire him to like of the mariage of Adonias with Abisag the Sunamite who had bene King Dauids Concubine in his latter daies vnder the pretence whereof he had vndertaken with the helpe of Abiathar the Priest Ioab and Semei to haue depriued the King of life and kingdome which this fountaine of wisedome speedely perceiuing after he had heard the petition of the Queene his mother in liew of graunting it and considering how this traytor vnder a false proposition had abused her commaunded to put him to death together with Ioab and Semei and depriued Abiathar of his Priestly office and function 28 Know we not the occasions of Dauid the Aduocates one of the wickedest men that euer liued iourney to the Pope and Court of Rome whose instructions these good Schollers doe from point to point ensue and those men that haue sene the same can tell whether their beginning and the course that still they take be not at large therein conteyned Who is he that perceiueth not the importaÌ„ce of the disputation holden at Sorbonne about three or foure yere since by a poore bachelâ—r draweÌ„ in who had dedicated his Theses to the Abbot of Cluny the late Card. of Lorrains Bastard Wherein hee did what in hym laye to prooue that it was lawfull for the people to depose driue out kill and murder tyrannous wicked euill liuing and Hereticall Kinges whereat the King beeing moued as at a most daungerous and detestable proposition this poore instrument of Satan was at the barre of the sayde Colledge of Sorbonne slaine by one who of late dayes haue withdrawen hym selfe loaden with Spanish Pistolets and Iewels and then cloked this goodly deede least the author of this so vnchristian learning and knowledge should by his mouth haue bene disclosed Might not we haue noted what seruants were procured to be placed abont Monsier the Kings brother and to what end amoÌ„g whom the forwardest had bene trayned vp in the Schole of these perturbers of our peace as being their creature witnesse that nowe he is with them and then vsed all his endeuour to plonge that yong Prince in all voluptuousnesse lechery and heate of youth yea hee did better his businesse for hee betrayed him to the King of Spaine sould the Spaniard to the States and the Huguenotes to all others Whereby hee made money of all with the price of the honor reputation and life of his Maiestie or rather of all France The like did also three or foure other bad parsons who all had bene brought vp and were giuen to his highnesse by one selfe hand to the ende to habandon hym for a praye to the first mischaunce that might happen among a greate number that night and day they deuised for the atteining to their entents yea they went so farre as to set him at debate with the King his brother and by meanes of some of theirs that were neere to either of them to cause nature and bloud to liue in mistrust of it selfe so to procure the ruine and losse of one or the other or of both togither and with them of this miserable Realme During which their sleightes they did neuerthelesse perticulerly thinck vpon the king whom when they found to be merueylous zealous in Catholike religion they began to practise some Spanish workemen to drawe vnto him and vnder the vaile of Religion to bewitch him and so wholy endeuoured themselues if they could to haue cast him headlong into some mishap as great as the same wherein they ê“longed poore King Sebastian of Portugall who by such meanes serued for a warme breakefast to the Spanish King and got hym a faire corner of lande through the subtelties of the Spanish Iesuites concurring with the Portingal Iesuites or peraduenture both coÌ„spired against the estate of that poore yong King so to cause hym desperatly to venture hym selfe whether he dyed with him the Scepter of Portugall which vndoubtedly God had long vsed to the great benefite blesse of all Christiandome These were the driftes of the good seruants of our Kings who thanked bee God was more circumspect and wary to put from about him such wicked spirites Certainly it is most necessary and expedient for a King to be Christian deuout zealous of Catholicke faith and to feare God but withall it is most daungerous for his person and Estate if hee become supersticious and an hypocrite First he thereby loseth all iudgement to discerne the enuious friends or enemies to his Scepter then he forgetteth the principall cause for the which he is a King which is the care and gouernement of his people for the exercize whereof onely he is bound chosen and bound to serue God in that ministerie lastly in the world that we liue in amoÌ„g the most corrupt soules that euer were the whole worlde doth mistrust and wonderfully suspect him whom they see make so great a shewe whether for enuy that euery one beareth to his more then common zeale either els for that in trueth it often falleth out that things of greatest apparance conteyne least trueth Now then these malicious persons haue but one onely subtile entent left which also it is meete for the people to knowe For yet they goe reasonably gently about their matters and doe giue out that they require onely abolition of the Edicts of pacification and to procure the exercize of one onely Religion in France to the ende vnder that pretence to embarke the King and almost to force him as aforetyme fearing least the ouer long peace of this Realme should close vp the passed vlcers they had done to breake off that amitie and good wil which it pleased him to shewe to the King of Nauarre and those of the pretended reformed Religion so that by such meanes they will cause him with the sworde that he should holde in one of his hands to cut off the other wherof must ensue the losse and sworne death of the sayde Lorde King of Nauarre against whose person perticulerly as beeing their principall mark they are determined to arme themselues After whose end also if the King of whom they shall then
doe now sufficiently lay open the trueth when vnder pretence of withstanding the King of Nauarre and hindering him from so much as the very shadowe of any vayne hope of succession they dare presently take armes against our Kings Maiestie and shake his Estate so to make themselues Lordes vnder the couerture of a sacke dipped in a fewe Imaginary rights as perniciously as lightly inuented For good men will euer confesse that it is not propter Iesum that now they runne to armes but rather for the satisfying of their insatiable ambition whereof how bad soeuer the intent be yet will the effects be more detestable except God take pittie vpon vs and the people with the Kings good seruants doe open their eyes to see clerely into this matter and to acknowledge it to be the catastrophe or last act of that Tragedie which these wicked people haue long played in this Realm vnder the shadow of zeale to Catholick ReligioÌ„ with the cloke whereof they goe about to shroude the most foolish in an irreconciliable diuorce from the King their soueraigne Lord and the naturall French Princes and perticulerly against the sayde Lorde King of Nauarre the neerest in bloud to his Maiestie whose destruction lieth them more vpon then all the rest 2 In his respect I will onely say that the crime of Treazon whereof falsly they accuse him ought not to be iudged by the sole occasion sayth Modestin for the reuerence of the Princes Maiestie but for the trueth Plinie writing in commendation of Traian sayth The crime of treazon was wont to bee singuler and almost peculier to him that could not bee charged of any other matter wherefore Traian abolished the same as one that contented himself with the force of other accusations this Prince holding opinion that sueh Monarkes as were so ieloux of their Maiestie had none at all And for the same cause was this kinde of accusation likewise abolished in the tyme of Claudius Adrian Pertinax Alexander Seuerus and other good Princes who deemed other publick accusations to be sufficient for punishment of euill liuers how farre soeur they should forget themselues Howesoeuer the case standeth coÌ„cerning the King of Nauarre he may yet more boldly speake in the presence and face of his enemies then might Cruentius Cordus beeing vnder Tyberius accused for saying that Cassius was the last Romaine when he shewed the Senat that they would punish him for his wordes because his deedes were irreprehensible For this Prince thankes be to God neuer offended his King in worde nor deede neither can his sclaunderers either generally or perticulerly taxe him of any action nere to rebellion or disobedience yea the whole pretence that these trouble some persons do take of his Religion is suppressed beaten downe by their owne ordinary and publick confession by the Princes Edicts and declarations and by infinite other writinges approâ—ued in all the Courts of Parliament of this Realme And in deede the whole rebellion fellonie wherwith they may charge him is that he would not suffer the knife to cut his throate but did quietly withdrawe himselfe out of the prease when he see that his enemies would force him to beare infinite iniuries vnworthy his greatnesse Otherwise who can say that euer he refused the duetie faith obedience and subiection which hee is bound to yeeld to the King his soueraigne Lord much lesse then that he hath coÌ„spired against his person that he hath sought to make himselfe King or enterprized any thing preiudiciall to the aduauncement and peace of the French Commonwealth Shewed hee euer any token of desire to bee named his Maiesties heire or successor Hath he chaunged his garment or augmented his Estate for his approach to the King through the euill hap and misfortune of this Realme growne vpon the losse of the late Mounsier the Kings onely brother Hath he called together his friends or craued the counsaile of Atturneyes to learne whether himselfe bee now the neerest of the bloud Royall Who can shew that euer he vsed any confederacies which iustly he might haue made as King of Nauarre and soueraigne Lord of Bearne or did euer employ any other then to the seruice of the King and wealth of this Crowne who will bee so malicious vnnaturall and sencelesse as to impute to fellonie y e withdrawing and cherishing of his fellowe Citizens the professors of the same Religion wherein hee was borne bred and brought vp euen from his cradle when he found them in like misfortune as himselfe and oppressed with the force of their aduersaries who vnder the cloake of the Kings authoritie haue often endeuoured to roote them out either the withstanding of the stripes and fortefying of himselfe for the safegarde of his life Sith so soone as it hath pleased his Maiestie to stretch forth his arme to them and to offer them such conditions of peace as himself liked of with libertie of conscience he hath not onely together with them vnarmed himselfe and yeelded his Houldes into the handes and power of his Maiestie and fallen downe at his feete but which is more haue returned their whole power together against those that haue come to his and their succour witnesse the siege of Newhauen and haue disunited themselues from all confederaties and Leagues which in respect thereof they were entered into with straungers and all this to the ende to submit them selues to the Kings good will who hath liked thereof and so confessed in all his Edictes of Pacification with other the perticuler good deedes and fauours which the sayde King of Nauarre confesseth to haue receiued of the hand and good will of his Maiestie who hath freely and liberally for the wealth of his Estate permitted to those of the sayd Religion the free exercize thereof notwithstanding the coÌ„spired enemies to this Crowne and to the Princes of the bloud haue often gone about to bring into suspition the actions not onely of the sayd Lord King of Nauarre but also of all other the Princes of Bourbon who onely of the Royall famelie doe remaine Besides I assure my selfe if any man would endeuour as it were necessary and meete by effectual reazoÌ„s debated in a lawful assembly of Gods Church to enforme the sayde Lorde King of Nauarre that hetherto hee hath bene deceiued and that his bringing vp in his Religion hath bene very bad hee is not obstinate but easely may be reduced and brought to submit himselfe to sentence giuen by force of Gods worde In the meane tyme we cannot blame him whoÌ„ his mother hath noursed brought vp in a certaine Religion publickly permitted by his Maiesties Edicts and ordenances for standing firme in the same and desiring to continue in that which he beleueth to belong to his saluation O Frenchmen is it meete the Kings Edicts should stand the wicked in stead of a bayt to roote out with the sword or guile more then barbarous to destroye the hearts liues of the Princes whoÌ„ God hath graunted
A CATHOLICKE APOLOGIE AGAINST THE LIBELS DECLARATIONS ADVICES AND CONSVLTATIONS 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. Answere a foole according to his folly least he should thincke him selfe wise Prouerb 26. ⧠Imprinted at London for Edward Aggas THE PREFACE to the Reader O Christian and Catholick Frenchman neuer was there offered better meanes then at this time to discouer and smel out the subtelties of our enemies with what money Sathan vsually paieth his seruants whē we see some of thē so blinded that beeing vppon the poynt of their destruction they promise to themselues all assuraunce still coueting to conceale their abhominable wickednesse with sleights shiftes and lyes Neuerthelesse when they do most hide themselues they are foonest spied For to say the trueth what goodlier or more apparant pretēce could the perturbers of the quiet of our Fraunce take holde of then Religion and the reliefe of the people but as the enemie of trueth hath allured thē vnto him by lyes so hath hee for their repaste left them no other foode vpon his Table and yet doth that also faile them when they make it an vsuall messe and trueth remaineth Mistresse According hereto the lyes and horrible slaūders that to this day haue bene spued foorth against the King of Nauarre the Lord Prince of Condie by certaine straungers enemies to this Crowne the Royall Progenie vnder the pretence of zeale of Religion doth ouerthrowe them because cōtinually they haue sought to perswade our souraigne Lord the King and all the French Nation that these Princes were his euill seruaunts Rebels and disobedient persons enemies to his Estate in the preseruation and encrease whereof they haue greater interest then any other worldly person next vnto his Maiestie vnto whom they haue the honor very nerely to appertaine As also in truth we are hartely to giue GOD thankes especially in that after so many false and slaunderous inductions made vnto the most Christian Maiestie against these two Princes his good kinsmen and most faithfull subiects and seruants by whose reliefe this feeble weake and pale Realme hath oftentimes escaped falling it hath pleased him to open the Kings eyes to let him perceiue that all the illusions vnto him presented tended only to the ouerthrow of himself his Crowne and Estate in offering hetherto to his viewe one thing in liewe of an other For herevpon his Maiestie smelling out the causes of passed mischiefe hath finally in earnest done as the good Phisitiō who whē he seeth his Patient pale weake faint and grieuously sicke beginneth his cure with bringing him to his bed discharging him frō all painfull toyle causing him to take some rest euen so our King casting his eyes vpō his poore realm afflicted with ciuill warres which so long haue bene kindled vnder a false and slaunderous pretence to the end to begin the cure hath first sought to set it in peace that after some time of rest he might haue better opportunitie to heale the rest of the causes of the disease to put from about him those who vnder his authoritie had by their false wicked perswasiōs so hardly entreated it Which when his euill Councellors perceiued seeing that they could no longer goe forward in the same path they haue sought with open play to compasse that which so lōg they had craftely practised now haue plainly shewed that it was the State Crowne that they leueled at procuring the writing of diuers Libels aduices and consultations of their suffragās to the end not only to diminish and blemish the King of Nauarres vndoubted lawfull succession if it should please God to worke his will of the Kings Maiestie without leauing any issue Male but also to aduaūce their own false slaunderous and supposed titles and pretēces Howbeit although the said Lord King of Nauarre neede not yet to pleade his cause or presently to aunswere all these sleights and counsailes of the wicked in respect of the sufficient terme small likelihood of occasion euer to put the same in executiō cōsidering the King is thāks be to God yong in health in good disposition together with the small interest that in my opinion the sayd Lord King of Nauarre pretendeth to any such successiō as being a Prince both wise circumspect such a one as hath not so smal forecast but that he knoweth vndoubtedly that the greatest wealth reliefe good hap contentation that may redound to him cōsisteth in the prosperitie health long and happie life of the King his Lord to the ende perpetually to be vnder him the same that he is to liue vnder his liking in his protection wherby vnder the fauour wherof he shalbe not only preserued from the cōspiraties which his enemies worke against him but also which is more if it please God to encrease him he shal alwaies be by the King fauoured aduanced vnto whō he hath the honor to be the first Prince of his bloud Neuerthelesse how euer it be I do not thinke that any man at this day cā with reason and iudgement conceiue any bad or sinister opinion of the sayde Lorde King of Nauarre though he lay open his iust causes sith those that haue no right and for whō there can be no likelihood at all are so impudent rash vndiscreete as to bring to the barre a matter wherevpon euen their most affectionate seruāts durst not before haue thought which to saye the trueth is one of the cōsideratiōs that moued me to set hand to the pen to the aunswering of such diffamatorie Lybelles discourses aduices cōsultatiōs as within this yeere haue come to my hands and I protest that I haue done it without either cōmaundemēt or commission of the sayd Lord King of Nauarre vnto whom I neuer had the honor to approach neither is it of any affectiō or desire to aduaunce the Religiō that he professeth sith my self am and all my life time haue bene a Catholick and liued vnder the authoritie of the Apostolicke Romish Church But the onely cause hath bene that being borne a Frenchman I haue thought it my duetie to vphold the rightful cause of the French Princes vnto whome after his soueraigne Maiestie for whose seruice we are naturally bounde and holden to procure all honor wealth prosperitie to maintain and defend them from slaūders and such deceipts as Sathan would stirre vp against their excellēcie greatnesse besides that euery mā may perceiue that these Tragedies are kindled to the vtter ruine losse fubuertion of this miserable Realm so as the loue of my Countrey Christian piety and that compassiō that I take in beholding my fellow Citizens and my self with them in daunger to consume our selues in that fire that by those ciuill warres which vnder this
Greece Also among other the Ecclesiastical aunswers of the Patâ—iarkes of Constantinople is to bee seene this of Germanus to the Bishop of Ara who enquired how he was to proceed against a maiden that had bene blessed and corrupted before her ripe age also against the Priest that had ministred these ceremonies Whereto aunswer was made that the maid should be seperate and the Priest put from his charge 5 As in trueth in all well ordered Commonwealthes there haue euermore bene established a certaine age for the conioyning and mariage of the Citizens of the same because as saith Fulâ—entius the lawe of mariage is by the will of God ordeined fâ—r hauing of issue it is meete that it be contracted at lawfull age So as by the pollicie of some Citties it was considered that the tyme of generation doth for the most part by nature ende in the man at the 70. and in the woman at the fiftie yeere Aristotle is of opinioÌ„ that after that age mariage is not to be permitted Whereto seemeth to agree that which is found in the establishment of the Romaines Among whom those Citizens were not iudged to haue satisfied the lawe Iulia which was made for mariages who to the ende not to be subiect to the penalties limitted in detestation of vowed chastitie did contract matrimonie the man after sixtie yeres or the woman after fiftie For Iustinian also writeth that some accompted it almost a wonder in nature to see a woman with childe after she were fiftie yeres of age And it seemed such marriages were contracted not so much in hope of begetting children into the CommoÌ„-wealth as in respect of some wealth or other perticuler commoditie that the one hoped for of the other by which reazon wee reade that Antigonus perswaded his sonne Demetrius to marrie an old woman named Philla vsing the authoritie of Euripides which he altered to his purpose and in liew that the verse said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he sayd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the ende the sence might importe that for some benefite hee should not differ the mariage of a wife though of a contrary age As on the other side also ouermuch youth was neuer accoumpted meete for the coniunction of mariage because therein generation cannot bee but lame and vtterly vnperfect the mother in greater daunger at her childbirth the father more vndiscreete in the coniunction and so the more hindered from atteining to that perfection and force which Nature reserueth to their bodies wherevpon the auncients imagined that the Idoll of Apollo gaue the Trezenians warning when he had them beware of casting their seede ouer hastely vpon the fieldes of their countrey 6 Finally concerning this present argument although the sayd Lady Iane of Albret had offended in marying with the late Antonie of Bourbon Duke of Vendosme because she had beene afore married to the Duke of Cleue yet were that no let why the King of Nauarre now raigning should not bee borne of the lawfull mariage of the sayd Antony of Bourbon his father who doing amisse that vpon simplicitie vnder the authoritie and in the face of the Church with publicke credite did solemnize the said mariage in which cace there is no doubt but the ChildreÌ„ of a putatiue mariage as say the Canonistes are legitimate because in a doubtfull cace senteÌ„ce must passe in fauour of the marriage and of the children borne in the same the question depeÌ„ding vpoÌ„ the simple meaning conscience of him that meaneth to marrie a wife for by the lawes and decrees of the Church opinion hath the vpperhand of trueth so as by the common resolution it is enough for the legitimation of children that either the one or the other of the coÌ„tracters ment good faith in that coniunction beleeuing it to be a thing lawful for him Thus doe you briefly see how children borne of such mariages are legitimate In our cace wee haue moreouer aduowed that the pretended marriage of Lady Iane of Albret mother to the now raigning King of Nauarre was voyd and of no effect and for such by all reason iustly broken and disanulled by the iudgement of the Church with whose authoritie the sayd Lady Iane was permitted to marie where she pleased which was not done without president For wee reade in the auncient Chronickles that for the like cause the Emperour Ottho the fourth was diuorsed from Margaret Daughter to the Duke of Brabant Lewes Daulphin of Viennois sonne to King Charles y e sixt a litle before he dyed vsed as some say the like pretence to returne Catherin daughter to y e Duke of Bourgondy home again In later tyme King Charles the eight of Fraunce in the yeere 1480. was by his father Lewes the eleuenth before hee was foreteene yeeres old affianced by words present and so by indissoluble marriage vnto Margaret of Austrich daughter to the Emperour Maximilian who being then but two yeeres olde was conueyed into Fraunce and there brought vp for the space of ten whole yeeres after the which they were neuerthelesse diuorced by a dispensation from Pope Innocent the eight who also for the like reason dispensed with Lady Anne of Brittaine and gaue her leaue to marrie where she pleased notwithstaÌ„ding during her minoritie her father Francis Duke of Brittaine had matched her with the Emperour Maximilian by proxye had celebrated the sayd mariage Nicholas Duke of Lorrain while his father Duke Iohn liued did in the yeere 1460. by present words affiance Lady Iane of France daughter to King Lewes the eleuenth and yet comming to the age of foreteene yeeres he did through the Popes dispensatioÌ„ betroth Lady Mary of Bourgondy Daughter to Charles the last Duke of Bourgondy whom he was going to marrie when death euen during the preparatiues of the solemnitie of the mariage preuented him So the manifolde decrees and iudgements passed in like matters doe manifest vnto vs the exceeding malice of the enemies of the sayd Lord King of Nauarre 7 Their seconde obiection importeth that the sayd Lorde King of Nauarre is an Hereticke and therefore vnworthy to succeede in the Realme of Fraunce whose Kings are intituled most Christian in respect of the oath that they take at their sacring in the hands of the Archbishop of Rheimes which is that to their powers they shall defende the Catholicke Religion and faith which the sayd Lord King of Nauarre cannot doe as professing an opinion already condemned by the Church and so consequently can not pretend aught in the sayd Crowne neither may the subiects thereof obeye him according to the decree of the generall Counsaile holden at Roome vnder Innocent the third about the yeere 1215. repeated out of the auncient constitutions of Theodosius the yonger Valentinian the 3. and Martian all most Catholicke Princes vpon the confirmation of the general Counsailes of Ephesus and Chalcedon and afterward recited by Iustinian the first in the fifth Counsaile of
infected with the error of Eutiches Heraclius was a Monothelite The stories are ful of many Popes of Rome heretickes adulterers Magicians Scismatickes and men confect in a filthie quagmire of vice who all neuerthelesse did peaceably by Gods will sit in Moses chaire to the ende to punish and afflict his flock as he hath thought good by such Tirants whom with his owne hand he chose to be the executioners of his iustice and against whom the people neither ought nor might conspire for saith Panormitan sith they are not free but subiect they haue no power to transferre the iurisdiction or conferre the title neither is he accoumpted to haue giuen that hath no right to giue In an other place the same Canon Doctor writeth that the vassall cannot consent in the person of any other then his Lorde no not by prorogation of power to that purpose alleadging many other skilfull persons opinions Howbeit all good Catholickes doe to their great griefe knowe that most of the Ecclesiasticall persons and Clergie of Fraunce doe seeme to bee parties in the Conspiracie that long since haue bene deuised against the state of this Crowne which neuerthelesse I can hardly beleeue notwithstanding I heare our ordinary Preachers openly in the chaire of trueth and humilitie preach warre bloud weapons rebellion and contempt of y e King and the Princes of his bloud a matter detestable and abhominable before God 9 My Maisters ye Bishops Priestes and Doctors what weene ye to doe Is this the commaundemeÌ„t of God Is this the doctrine that ye are bounde to plant in the Christian Church Is this the light that you shewe to the flocke which God hath committed vnto you Is this y â— peace that you ought to teach and for the which the Church poureth foorth her daylie supplications What correction may the people look for at your haÌ„ds whiles your selues are the authors of euill Wil you doe or say as Lucifer I wil ascend into heauen and become like vnto the most high God Will you iustly haue the name to be the very enemies of God who commaundeth obedience onely to the Kings and powers that he hath established and who taketh no delight in any thing more then in peace hating all shedding of bloud Doth the way to cure the rage of poore mortall creatures consist in vnclothing them of all humanitie in thrusting into their fist the sword wherewith to make away them selues by the authorising of their furie with your decrees nay which is more by stirring them thereto through your Sermons May wee not reproach vnto you that which Ieremie prophesied in his tyme The Prophetes haue prophesied lyes the Priests haue approued theÌ„ and the people haue embraced them Must we needes say of you as Ezechiel writeth of your like I will stretch foorth my arme ouer their Prophetes that see lyes and those that tell fables or do not serue for discipline to my people whom they haue seduced saying The peace of God bee with you and yet it is not peace that they seeke My Maisters this is not the fruit of the spirituall doctrine that you haue in custodie beware it be not sayd of you that an euill tree cannot bring foorth good fruite you preach warre rebellion disobedieÌ„ce you contribute to Conspirators against your King and the Princes of his bloud you deliuer the Townes to them and doe put your flockes into their hands you seeke out straungers to rule ouer you and doe set them against your King where will you become Is this the Catholicke and Apostolick doctrine that you doe sowe Knowe you not that Iesus Christ is the foundation of the Church so that whosoeuer will lay any other shall destroye himselfe and whatsoeuer he dare vndertake Is not the doctrine of Iesus Christ peace humilitie obedience and clemeÌ„cie Is it not written of you Bee yee wise as Serpents and simple as Doues Are not you termed the sault of the earth which beeing shed abroade where may wee gather it againe I wote what you will say There be say you a number of heretickes which must bee rooted out with the sword because their life is repugnaÌ„t to Gods honor No no my Maisters you are yet deceiued for you must first shewe how they bee heretickes and for such cause then to be lawfully condemned which as yet you haue not done because in â—rueth your pretended CouÌ„saile of Trent whereby you haue condemned them was not lawful as the King of France confessed euen while it was assembled and therefore did not onely forbid the Bishops of his Realme your predecessors to go thereto but also by his Embassadour did protest that he could not accept it for a lawfull and generall Counsaile but onely for a particuler assembly gathered together for the profite and authoritie of the Pope and King of Spayne vnto whom they went about to giue the presedence aboue the most Christian Maiestie furthermore declaring that he ment not that he or his subiects should any way be bound to the decrees thereof but that contrariwise he was determined if neede were to employ all remedies necessarie which his predecessors had in like cace vsed to procure the disanulling of the same Besides I saye vnto you that weapoÌ„s are not the meanes to cure this mischiefe Know you not that the doctrine of Religion either the error thereof is a disease of the Soule and minde seeke therefore for your partes the spirituall Medicines wherewith to heale the same as admonitions prayer fasting amendment of your liues which are the true and onely Weapons of Gods Church But what are you not content with the extreeme diligence and care of our most Christian and Catholike Kings for the revnion of their people into one only Apostolick Romish Religion what haue wee gotten by so many fyers so much blood such battailes and destructions within this Realme for the same Those that nowe would rule you are they not the same persons that led the armies and practized y â— occasions of the passed wars haue they not sufficiently proued that neither ster nor sword are meete remedies for this euill that in one day of such troubles Gods Church is more hurt and offended through the disorder of one lewde Souldier then in a whole yeere of pacient tolleration whereby God may be deuoutly serued the King honored the Clergie assured the Lawe feared the gentry cherished and the people eased to bee briefe euery one by little and litle reduced into the waye of good life which to bee briefe are the effectes and glorie of the militant Church and of the good Shepherdes of the the same Wee haue burned them quick they haue quenched the fiers with their blood wee haue drowned them they haue Spawned in the concauities of the water we haue murdered them al in their sleepes within few daies they haue reuiued againe We haue fought with them and beaten them but haue not cast them downe To be brief if we consider how we haue
can haue no cause to loue the same A man hauing two wiues the one loued the other hated that thei haue both brought him sonnes aswel the loued as the hated the sonne of the hated bee the first borne when the tyme commeth that he will deuide his inheritance he shall not make the sonne of the beloued his eldest to the preiudice of the sonne of the hated who is the first borne but hee shall acknowledge the sonne of the hated for his eldest and he shall giue him two partes of whatsoeuer he hath for the same was the beginning of his strength vnto whom the right of promogeniture belongeth saith the text so that the nerest of the bloud is creditor yea he is moreouer I say factus dominus by the decease of his predecessor by the decease of his predecessor holdeth nothing of him but whatsoeuer hee hath hee holdeth by the vertue and authoritie of the lawe of France Thus doe Ih. Andrew Balde Panorme Iason Wil. Benedict and all other Writers expressely speake of our Realme so as who so would take any other course and maiore vi corrupt nature it would be a blemish to his consciēce and soule and thereof he should aunswere before God besides that whatsoeuer hee should take in hand should be voyde and of no effect but subiect to restitution by publicke iustice to the preiudice of his reputation All men doe knowe what small loue was betweene Charles the eight and Lewes Duke of Orleance when hee was called to the Crowne and bare the name of Lewes the 12. also the stoute minde of Charles to haue put his will in executiō against the other if he could haue found any argument or pretence to put him backe which notwithstanding matters were then ordered according to the rule of the law of France Now the King sheweth sufficient demonstration by that good will and care whereby he hath honored y e King of Nauarre so farre as to accompt him for his Brother in lawe that he both loueth and cherisheth him and also will take him into his protection so farre is this good Prince from going about to blemish his memorie with such a deede as the perturbers of the Peace af this Realme doe perswade themselues 19 Sith therefore the people and subiects to this Crowne may not put to their handes neither dispence vppon whatsoeuer occasion with the oath that they owe to their naturall Princes moreouer that the King can take no other order then the foundation and lawe of the Realme will beare let vs see whether it apperteyneth to the Pope of Roome as head of the Church to meddle therein I knowe that the Pope worshippers beeing more passionate then the true Catholicks do so thinck and beleeue Augustin of Ancona a Doctor of Sorbonne hath not forgotten it in his booke that he sent to Pope Iohn the 22. wherein he excepteth not so much as y e Realm of Frāce as also doe not Iames of Terrano Chamberlaine to Vrban the sixt in his treatize of the Papall Monarchie wherin they do maintaine that vnto him belongeth all power both Spirituall and Temporall as being head of the Church euen aboue the generall Counsailes which saith Pope Pascall are not to commaund him And in the explication of the decretall of the sayd Pascal the Canon Doctors doe vphold that it lyeth in the Popes power to reuoke y e decree of a Counsaile ouer the which he hath all authoritie according to the conclusion of all the adherents to the holy Sea of Rome which opinion was neuerthelesse as hereticall condemned in the general Counsailes of Constance and Basil in the presence of Iohn the 23. and Eugenius the 4 then Popes according to which Counsailes the auncient Bishoppes of Rome did protest to denounce vnto the Church whatsoeuer them selues could not remedie And as for Temporall iurisdiction ouer al Emperours Kings and Monarcks of the earth they haue made lesse difficultie yea they haue dared to saye that the Emperour who is Lord of the world both did and ought to yeeld his oath of fidelitte vnto them And faine would they make vs beleeue that they tooke this principle of Sainct Clement the third Bishop of Rome who protesteth say they that he learned it of Sainct Peter They also perswade them selues that Pope Zachary deposed the King of France the last of the Merouingian race although in trueeh it was but his aduice or counsaile giuen to the Nobilitie of y e land as W. Occham very wel saith in his treatize of the power of the Church About a hundred and fiftie yeeres after Boniface the seauenth endeuoured by Sacriledge and other bad hehauiours publickly to vsurpe this Tyrannie which Pope Gregorie the seuenth otherwise named Hildebrand durst openly maintaine and withall put it in practise against the Emperour Henry the fourth to whom he opposed Rodolph Duke of Sweue groūding his proposition not vpon y e fable of Constantines donation neither vpon the liberalities of Pepin Carlemaign or Lewes the Méek Kings of France but vpon God himself and Sainct Peeter saying that of them he had receiued the two swords the Spirituall and the Temporall In an other place vsing these wordes Pasce oues meas for the deposing of the Emperour He said also that he bare Claues regni Coelorum to vsurpe authoritie and enterprize against all the Kings in the world by which his great cunning hee became King of most part of Italie notwithstanding the Emperour Henry gaue him 62. Battailes therein excéeding the great Marcellus that was termed the sword of the Romaines and the inuincible Cesar of whom the one fought two and thirtie pitcht fieldes the other two and fiftie The like did Pascall the second and Calixt the second against Henry the fifth Sonne to the aforenamed vpon the same reasons as did also Adrian the fourth and Alexander the third who set his feete vpon the necke of the Emperour Frederick Barberousse Neither was Innocent the third more modest in the behalf of Philip sonne to the said Frederick against whom hee stirred vp Ottho sonne to the Duke of Saxony who after was Emperour by the name of Ottho the fourth after that with most arrogant proud and commandatory speeches grounded vpon these words Tues Petrus super hanc petram aedificabo Ecclesiam meam adding thereto the saying of almightie God to Ieremy Ecce constituit◠super gentes regna so comparing himselfe to the Sunne and the Emperors and Kings to the Moone he had pronounced sentence of excommunicatiō and depriuation of his Empire against him So great also was the mallice of the sayd Innocent against the Emperour Phillip that to spite him he disanulled the election of Luipoldus to y t Archbishoprik of Mentz wherein sayth the Abbot of Vspergue he did most vniustly Gregorie the 9. as saith Sabellicus and the sayde Abbot depriued Fredericke the second of his Landes and Realmes for
behaued our selues toward them we shall surely find that we haue left no more to doe but either to destroy our selues and perish all togither whereby the one shall not scorne the other either els to let them liue among vs one with an other in peace and libertie of conscience and neuer be so desirous to driue them into heauen with the edge of the Sword But will you haue me tell you the trueth your pompe your pride your ambition and the ignorance of yours is cause of al this mischiefe Notwithstanding you see the the Church on a flame who is there among you I will except some small number that endeuoureth to amend his life and to distribute y â— Church goods in such sort as he ought See wee not still the Kinges Courtes the Townes and Country full of superfluitie of our Bishops and other Clergie men such a number of Abbots called Commendatories who are of no professed order of Religion but doe neuerthelesse deuour the reuenues that belong to the poore so many beneficed persons with diuers Bishoprickes Abbayes Priories and Cures some in title others in commendam of the which they neuer see so much as one vnlesse it were to the ende to farme the same foorth You may see their Churches fall in decay and the Priestes whoÌ„ themselues haue annoynted begge their foode the rest of the poore dye for hunger at their gates And in one word to say all these Maisters haue no money to doe their dueties w tall no not so much as to procure preaching which themselues can not doe or for performing the deuine seruice either to instruct the youth For euery one doth sufficiently know that the late King Charles the nineth whom God pardon and King Henry the third now raigning visiting and comming to those Townes wherein the principal Vniuersities of their Realme are planted did ordeine that the Clergie of certaine Dioceses should contribute some small portion toward the salaries of the Doctors and RegeÌ„ts of the same yet was it neuer possible for these poore people who are the seedes of iustice and vertue to reape any one penny Our Maisters haue nowe money enough to helpe to maintaine warre against the King vnder an imaginary and false preteÌ„ce of defending the Catholicke Religion You deceiue your selues if you hope to conuert others before ye make cleane your selues no neuer looke for it for it will still be obiected vnto you that you can see a mote in other mens eyes but cannot take away the whole blocke that blindeth your selues Why follow you not the example of Moses who when he beheld and sawe Gods people offende the deuine Maiestie with Idolatrie did not take the sworde to put them to death but began to crye O Lorde this people haue sinned forgiue them or els blot mee out of thy booke which thou hast written Let vs liue well let vs reforme our selues and let vs not be so careful for the wealth of the world We haue so long cryed out against those of the pretended Religion concerning this poynt that now they can say of vs The Doctor is to blame who reproaueth other for the fault that himself hath Yea they will saye worse for still they stand vpon the defensiue you are the assailants They haue euermore acknowledged the Kings Maiestie for their soueraigne Lord and neuer contemned the Princes of his bloud as the King himselfe in his Edicts hath not sticked to confesse but you endeuour to enstale Straungers against the estate and dignitie of his Maiestie who both before he was King and since hath prodigally ventred his life and hazarded his Crowne for the glutting of your desires and putting of your ouer rude counsailes in executioÌ„ What reason therefore haue you now to match your selues with the meere enemies to the peace of the Church enemies to your Common-wealth enemies to your King and the Princes of his bloud I saye to your most Christian and Catholicke King one that feareth God and one who hath peraduenture done more then he ought for the getting by armes that contention which you do wish for I am moued so to say because in trueth I beleeue and experience hath taught vs that the more we stirre vp this euill the more it encreaseth wherefore herein the best counsaile that wise men haue left vs were to resolue our selues that if this pretended reformed Religion bee not by the decree and establishment of Gods worde it will without any warres perish and vanish of it self as haue done so many former heresies but contrariwise if it be according to the wil of the holy Ghost we may crye out at our pleasures but it will fulfill his worke 10 But my Maisters if you be not led by malice are you so blinde as to thinke that the authors of this conspiracie which they terme a holy League bee ledde by any zeale of Catholicke Religion If that were their drift wherefore haue not they also called into the same such Lords Princes of the bloud as stil continuing Catholickes and liuing according to the Romish Church were neuer so much as suspected to bee of the pretended reformed Religion We know very well that the Lord Cardinal of Bourbon whose yeres they haue seduced and whom vnder a vaine hope of smoke they make to weare the knife wherewith to embrue his hands in his owne bloud hauing wrested from him the fayrest and most of his Benefices whereof by their suggestion hee hath depriued his owne Nenewes before he altogether became vnnaturall when they bounde him to this peeuishnesse offering vnto him their fayned League to signe requested that his Neuewes the Lordes Cardinall of Vandosme Prince of Conty and Earle of Soissons might bee included in y â— same wherto these our Maisters could not intend Whereof doe they suspect the Lord Duke of MontpeÌ„sier and the Lord Prince of DoÌ„bes his sonne both being most Catholicke Princes onely that they bee of the house of Bourbon which they seeke to roote out and so doe make accoumpt to transferre the Crowne into their owne handes trying themselues onely vpon the sayd Lord Cardinall a man worne and of small continuance so contenting themselues to make him the standerd whereby to establish their armes neither would they auctorize the rest amoÌ„g their troupes fearing least they should haue better eyes then the sayd Lorde Cardinall to discouer their wicked entents besides that if it shoulde so fall out that they shoulde come to the drawing of lâ—ttes for the beane in the cake the people would rather haue recourse to these Princes as to the braunches and sprigges of their Kings and those who onely in their degrees and order are capable of the Crowne of France either els least the FreÌ„ch Nobilitie should blush for shame at the preferring of the tirannous dominion of straÌ„gers before their French Princes and lawfull Lordes This is not the first day that the house of Bourbon haue bene subiect to the enuie and malice of these Espaniolized
shewe you the welth of the Church bringeth you into suspition among both rich poore Theeues and Slaunderers that seeke your spoyle besides that you are therby filled with cares lyings in waight braules strifes hatered feare couetousnesse and perpetuall sorrowe such as the miserie of our worlde can teach vs wherein it is true that the most part of the Clergie haue no other minde neither doe moue warre for any other cause but onely for feare of losing so great rents and reuenues which wrongfully they deuour out of the goodes of the poore Whereby wee may perceiue that in such men we haue no more left but the shadow remembrance and be wailing of the Christian Church springing and florishing in pietie for whose sake the Apostles would neuer possesse any thing and before Gods people nourished the Leuites widowes and Orphans For when the Church thought it good to haue reteine any thing for the reliefe of the poore and of the Pastors thereof it committed the distribution and ordering thereof to such among them as by the Church were thereto elected because the people but especially the Princes were either sworne enemies to the faith and persecutors of the Spouse of Iesus Christ either at the least weake of small zeale or but meanly grounded therein wherevpon the treasure and common Storehouse was vsually committed to the custody of the Bishop as vnto hym that was accompted most glorious in pietie and duetie in the holy distribution that he made whereof he reserued onely sufficient for the necessitie of his owne liuing Like as Socrates writeth that Chrisantus daily reserued onely two Loues for his owne sustenance Of this common store committed to the handes of the Bishop is it come to passe that when hee began to serue him selfe and badly to employ to his priuat commoditie like a thiefe that thing which to hym in the qualitie of a steward onely subiect to render accompt was committed he found him selfe farre richer more mightie and better at ease then the rest of the Clergie and therevpon by the sligtes of the Deuill who had thrust into his hands so much wealth to corrupt the holines example and eminencie of the Church of the sonne of GOD through the euill housbandry of the heads thereof began to bragge aboue all other But so soone as Princes began to taste of and auctorize Catholick Religion they sought also to become Stewards and housbanders of Church goods as making a part of their common wealthes because as Oâ—tatus Mileuitanus did verie wisely say It is certaine that the common wealth is not in the Church but contrariwise the Church is in the common wealth vnder the aucthritie whereof she displaieth the Sunne Beames of her fayre face Herevpon doe wee reade that the Emperour Constantine the great was the kéeper and disposer of the treasure and goods of the Church after the example of the auncient kings of Iuda of whome among other it is found of Ioas the he by the counsaile Ioiadas the Priest fearing lest the Priestes should bestow that money which the people had contributed towarde the reparations of the Temple amisse commaunded it to be put in a Cofer and distributed in the presence of one of his men And in deede at the beginning the Church was vnder the authoritie of Christian Princes not only in respect of the temporall goods thereof but also as concerning the institution of the charge Iurisdiction gouernment and correction of the maners of the Cleargie by the sayd reason of the aforenamed Bishop of Africke whereof I will seeke no better Testimony then that which saint Augustine writeth who teacheth vs that the notice of Ecclesiasticall causes was coÌ„mitted to the Emperour Constantin saint Hierom also aleadgeth very good reasons in his Commentary vppon Hieremy whose opinion is confirmed by Gratian in his Decrees For in troth kings by this care and diligence doe testifie their zeale and pietie to Religion In consideration whereof Gregory reporteth that the first Emperours and Christian Kinges did giue and conferre the Churches in which power the Cannon Doctors Bald. Archid. Panorm and some others are forced to graunt that by reason of their Crowne they are grounded vpon common Lawe And before them Saint Ambrose in his Discourse De tradendis Basilicis did maintaine the same Neuerthelesse such asdoe reade Histories are not ignorant what Tragedies the Popes within these sixe hundreth yeres haue for this article raised against the Emperours of Germany whome in the end they haue driuen to giue ouer the game so as there remaineth but little of that former aucehoritie Royall in Christendome sauing in the Maiestie of the Flowerdeluce which God bee praysed hath hitherto kept it selfe hole and a Virgin and so wil stil keepe it selfe if the good and naturall Frenchmen would put to their helping hand as by y â— oath of Nature that they owe to the Dignitie of this Crowne they are bound For they must vnderstand that it is one of y e greatest points wherevpon the Pope is so importunate to publish his pretended Counsaile of Trent in Fraunce through the assistance of the Spaniard by the ministerie of his Proctors the vnthankfull Nourse children of this Realme for the abasing and deminishing of the dignitie of our Crowne which euermore thankes be to God hath had soueraigne power institution iurisdiction and police ouer the Clergie and the Officers and Magistrates vnder the Kings aucthoritie in his Parliaments greate Counsaile euen since the planting thereof haue power and aucthoritie by appeale of abuse fallen before them by his Maiesties Subiecs to breake disanulle and cut of whatsoeuer shall bee found to haue bene made pronounced decreed adiudged established and ordeined by the Pope the Bishops or other Delegates of the Ecclesiasticall de audience against the holy Decrees Lawes Edicts and Ordenaunces of his sayd Maiestie or arestes of y â— sayd soueraigne Courts because in trueth the Prince is the guardian reuenger and reformer of Ecclesiasticall discipline as the auncient Bishops and Popes more honest and not so ambicious as the most parte of ours haue often openly confessed Yea it so appeareth in the Epistle of Pope Iohn the eleuenth which beginneth Inter claras C. de Tri. written to the Emperour Iustinian at such tyme as no doubt the Church was vnder the dominion of the Emperour as all men may perceiue by the first booke of IustiniaÌ„s Code by his nouell constitutions 3. 5. 6. 16. 37. 56. 57. 58. 59. 67. 83. 117. 123. 133. 146. Also since by the edict of Tiberius the seconde Basil Leo the Philosopher Alexis and sundry other Emperours of the East In our France the Pope and Clergie cannot deny the ordinary collations euermore made by our Kings as testefieth Gregorie of Tours Aimonius with the rest of the auncient Historographers of our NatioÌ„ neither the goodly orders reformatioÌ„s of y e Church made by Clouis in the Synode that he called at Orleans
also teacheth vs that quod alicui debetur certis modis deberi desinit among which is not to bee found the excommunicatioÌ„ of him to whom we acknowledge our selues bound for otherwise the vassal and subiect should reap benefite commoditie and discharge in the destruction and hinderance of his Lorde Besides that the excommunication tendeth not in worldly matters to impouerish the partie condemned but onely to depriue and declare hym vnworthy the fellowship of men or to be thought a member of the Church of GOD. He is also denounced such a one first to be an instruction and example to all other the faithfull when they shall consider the grauitie of the offence and thereby waie the publick slaunder arising thereof Secondly to driue the condemned to call to mind abhorre and be contrite for his offence seeing hym selfe deliuered into the handes of his mortall ennemy Satan and humbly to craue reconsiliation at the catholick Church from whence he is banished in exilio sinitimo said Alexander the Martir which wee may sufficiently learne by the auncient forme of satisfaction which the Primetiue Chnrch enioyned to the parson excommunicate that is to confesse his fault before the Priests and assembly of the faithfull in whose presence hee was reproued blamed and condemned to abyde in a certaine place without the communion aud assembly of the Church with certaine outwarde workes of a penetontiary as well in habit and behauiour as especially in his dyet in which forme he should exhibit petition and supplication both to the Priestes and to the whole coÌ„gregation to be forgiuen and vnbound from his offence whervpon the Church by the aduice of the Ministers thereof sometimes condemned hym in greate amends and so by litle and litle receiued hym againe as she thought good For at the first he was onely admitted to heare the worde of God after that he was receiued to the prayers of the Church and so consequently to the Communion of the faithfull finally by the imposition of the Priestes handes he was restored to his former estate and then was it not lawfull for any to reproch vnto him what was passed So as by this forme of excommunication and penance or satisfaction extract out of the auncient Counsailes of Ancira and Nice we may euidently iudge that it no way concerned the temporall goodes as of those that the Church hath not to dispose of neither did it importe other then the exemplary correction of the excoÌ„municated for the sâ—auÌ„der by his offence committed against the Church either els according to y e holy scripture for the subduing of the flesh whereby the soule may be saued in the day of our Lord Iesus Moreouer it seemeth that Gregorie the seauenth Innocent the third and other the high Priestes did so vnderstand it wheÌ„ in the excommunication of the Lords and of those that were conuersant and had dealings with theÌ„ they would not include their officers seruants and others who by necessitie doe owe them obedience as doe the vassalles and subiects of the Crowne who naturally and ciuilly are bound to their Kings and Princes So that the necessitie of their bondage exempteth theÌ„ by the iudgement of the Church out of the generall excommunication denouÌ„ced against all other persons that haue dealing with the excommunicated And perticulerly Innocent the third in his decretall Epistle written to the Doctors of Boulogne declareth that the debtes letters and obligatioÌ„s of excommunicated persons are not called in question neither are the debtors discharged of the same much lesse to be blamed for paying and satisfying their creditors considering that the necessitie of their obligatioÌ„s doe thereto bind them And there is no doubt but the priuate famelie and household of euery one is likewise a little Commonwealth aswell as the Commonwealth is a great famelie whereof the King that ruleth it is the father and defender so elected and ordeyned by God as father of the household among the children Innocent the third therfore exepted out of the excoÌ„munication of those that were conuersant with the condemned all such persons as by necessitie of the lawes of houshold were bounde to yeelde their due obedience which shall neuer bee more strickt great or commendable in the children of the household seruants toward the father of the household then it ought to bee in the subiects towarde their King or soueraigne Prince And effectually to shewe that the excommunication of the King dischargeth not his subiects from their vowed faith let vs call to mind the auncient examples meete and commodious for this argument The Emperour Theodosius the first was iustly excommunicated for the murder of the Inhabitants of Thessalonica His sonne Arcadius for expelling and deposing S. Iohn Chrisostome from the Church of Constantinople Zeno and Anastazius for being Eutichians Lothaire the first for his adulterie committed with Gualdrade which notwithstanding their subiects were not discharged of their bondes and oathes whereby they were to them bound against the which also they neuer made any difficultie to obeye those Emperours as their lawfull Lordes Dagobert King of Fraunce who became a Nero and after the first yeres of his quiet and Catholicke gouernement began about the yeere 637. to trouble the Churches destroye the Temples banish the Cleargie and commit an infinite number of other insolencies for the which Seuerinus Bishop of Roome did greatly reprooue him was not neuerthelesse driuen awaye by his subiects who with earnest prayer obteyned at the grace of God that this Prince repented and euer after serued God faithfully all the dayes of his life When Pope Celestin the third had excommunicated Phillip Augustus King of FraÌ„ce in y â— yere 1197. for forsaking without lawfull occasion his wife Isambergue sister to King Iohn of Denmarke his States and subiects did not neuerthelesse expell him or denye to acknowledge him to be their King and Soueraigne When Boniface the eight had cast foorth his poysoned Bull against Phillip the Faire the Nobles Prelates of the Realme assembled at Paris declâ—red that the Bishop of Rome had no authoritie so to doe When Pope Iulius the 2. excommunicated and interdicted King Lewes the 12. whome iustly wee terme father of the people the Prelates and Nobilitie assembled at Tours protested it to be lawful to coÌ„temne the said Thunderbolt the same notwithstanding did sweare to him their due faith and homage When King Henry the 2. of England was by Alexander the 3. excommunicated interdicted for banishing Thomas Archbishop of Canterbury whom after his death the Pope canonized yet was he not cast out froÌ„ his kingdome neither did his subiects with earnest affection denye him their accustomed obedience Iohn without Land King of the same Ile was neuer dispossed neither did his subiects molest him in respect of the curse that Innocent the third had denounced against him in the yere 1212. vntill he became a TyraÌ„t and extreme oppressor of the people who then beeing
stand no longer in neede will not in the meane tyme dye either through melancholy or choller so speedely quit them his roume they knowe in their Italian League Articifers enough to sende him into Abrahams bosome whereby they shall for so many good and commendable seruices done to our France bee thought more worthy to be crowned then now notwithstanding at this present they cause ouer loude to bee song their pretended merites by all the Spanish pentioners and feede Spyes in the Court at whose mouthes they set out their woundes receiued in the wasting of this Crowne after the maner of the auncient Romaines who exhibited themselues naked to the people in beggiug the Suffrages of dignities and offices Thus when through their wisedome they shal haue killed the King and the King of Nauarre who are y ◠two thornes that trouble their feete for the one they will procure the singing of a Deprofundis and for the other Te Deum laudamus whereby together with an absolution sealed in leade in the Cource of Roome they shall bee whiter then Swannes For of the rest of the Princes of the bloud they make no accoumpt neither doe thincke them subiect sufficient to put thē in any chafe about the rooting of them out so greate is the furie of Sathan in these daies This is the whole story which those that loue them are forced to confesse Neuerthelesse it seemeth that we sleepe our our mishap or ratherthat we make hast to this fire euen with our backe burdens of woode to kindle it in stead of water to quench it withall 29 Hereafter I pray you what dignitie or Maiestie may restraine from vice those that are so cruell to their King as to take armes against his person against the peace of his estate whose subiects they are and against the establishment of his Realme Neither Equitie Iustice Custome Lawes respect of land loue of their fellowe Citizens or reuerence to the Magistrate can permit those men that contemne the soueraign authoritie of the Maiestie royall and such as without respect to Iustice or publick honestie doe shew them selues more cruell and barbarous in procuring vnder pretence of reformation and zeale to Catholicke Religion the engendring in France of an immortall warre the mother of all impietie wrong reuenge ruine deformation and vtter subuertion of most mightie Kingdomes and florishing Empires to blush for shame What eminencie is the Church to looke for among the execrable blasphemies and infinite sacriledges that will be committed in the warres What power what authoritie what light may wee attend of Iustice when she is snared mastered become prisoner and ouerruled by the weapons of the most vicious and corrupt persons of this Realme What honour what degree what respect may the Nobilitie hope for beeing in perpetuall hazarde to loose life children wealth peace and free cōmandement ouer their vassals and subiects What ease what profite or what encrease may the ouertoyled laborer the venterous Marchant the quiet Burgesse or any other whosoeuer in this poore Realm buyld vpon Euery one must prouide for famine pestilence fire bloud and spoyle to be briefe for all the scourges that spring of the disorder barbarousnesse ambition and insatiable desire of those who if they maye finde assistance among the French will neuer lay downe weapons but either by an establishment of a perfect tyrannie proceeding out of their affections more grieuous and inspportable to those that shall remaine then warre it selfe or els by the selfe ruine and vtter extirpation of their wretched followers together with most of the good men that shal haue withstoode them Let vs not O Frenchmen perswade our selues that this mischiefe will be a matter of three or fower moneths onely For if it be Religion for the which they seme to bring you into the fielde your selues doe knowe that our Kinges haue not spared life state meanes or friendes for the remedying thereof within these fiue and twentie yeeres which notwithstanding what effect haue so many murders such plentie of battailes and such store of bloud spilt wrought Weene you that these who so long haue found meanes to defend themselues cannot withstand you but must so easely yeeld vnto you See you not the straunger that looke vppon you and doe prepare to hasten our destruction if we bee so foolish as to beate our selues The authors of this cōspiracie being now alone are no strōger then when they fought so sharply vnder the authoritie of King Charles the 9. and the King now raigning and were vpholden by the same meanes that now they assure them selues of out of Spayne Italy and other places You know they were chiefe of their Maiesties Counsaile Leaders of their Armyes or rather authors of all passed mischiefes enterteyning the King in that will and opinion wherein he then was namely that weapons were y e instruments to appease Gods wrath and to reunite vs in one onely Religion vntill his Maiestie vpon better aduice confessed the fruites and effects of the contrary and by the exāples of his neighbours did very wisely cōsider that the disease of Religion is so rooted in mans mynd that he were farre better to tollerate it sith we all agree in one belief and Creede of the Apostles then to hazarde his whole Estate by weening to heale vp a wounde which God willing maye by daylie conuersation bee suppled for vndoubtedly some diseases are of such a nature that it is more expedient for the Patient to beare the griefe thereof then for his cure to vse ouer daungerous and doubtfull remedies whose tryall is more sharpe and intollerable thē the disease it selfe With which counsaile truely royall fatherly and worthy a Christian and peaceable Prince these zelators of their own wealth rather then of Christianitie being offended doe now euidently shewe their bad mindes and do buyld their pretēces vpon the diuersitie of Religions vpon the oppressions of the people vpon the deformations of Iustice and vpon the distribution of Dignities notwithstanding all men knowe that in respect of the last they are better prouided and haue greater cause to praise the parting then to complaine of that honor that the King hath done them As for the rest themselues are the onely cause of all mischiefe engendred by ciuill warres which euer since the resolution vpon their forecast thei haue nourished in this Estate because it is certaine that peace is the mother of pietie establishment of Iustice and the true spring of mans ease Neither can we denie the good holy and commendable affection wherwith our most Christian and peaceable Prince set hand to the worke so long as it pleased God to let vs enioy peace whether in the example that he set vs in his Religion desire that hee shewed in reformation of Iustice or in the ease that so much as he might he procured to his good subiects What is there more to doe then fellowe countrymen but againe to sheath vp our weapons and deuoutly to pray to God to
matters wherein can no roume or place be found but for one in which cause it is more meete to preferre nature that is to say the vncle who naturally is nearest rather then the Neuew who can not bee so accompted but by the fiction of the Emperours decree the vnproper explication of the worde proximus which is yet more odious because it conteineth alteration of the Law whereby the neerer onely is admitted to succession and in the same cause the Emperor Decius speaking to the sister of the deceased writeth Vnto thee rather that art in the second degree doth the inheritance belong then to thy brothers children who are in the third Because also in cace of inheritaunce wee admit rather the immediat cause then that which is farther of according to y ◠that is argued de eo qui filio impuberi sub hac formula substituerat Quisquis sibi haeres esset So that it was not in vaine that the Emperours Theodosius and Valentinean the third saide that in this cace the children should not be made worse then the Neuewes who are neerer then the elder brothers Sonne in both age and degree Thus they should be thought more capable so that in what so euer concerneth the Neuewe The cause of birthright ceasing the effect also should be none because a cace by Lawe omitted is to be adiudhed os omitted otherwise this writer addeth a trimme consequence which importeth that in the cace now in question the children of the late Lord Prince of Conde being foure in number should deuide with their vnkle the sayd Lorde of Bourbon and the King of Nauarre their cousen whereby the succession of the Realme of France should be deuided into three partes or portions The first heades of this Reason might bee true if we should consider the Neuewe onely and in his owne person but in this action we regard him as substitute in the continuation of his late Fathers right and yet not by any extraordinary fiction or priuiledge whatsoeuer as they say but by the proper interpretation of the Lawe and mans naturall motion whereby the father is said to liue so long as the sonne remeyneth and the senne is termed the naturall portion of his fathers body so that it is no odious explication but by our men is called an extensiue interpretation by naturall reason induced which neuer was forbidden but contrariwise haue alwayes iustly bene receiued in caces most stricely obserued and such as can not beare euen the least alteration that may be Consequently therefore although before Iustinians brothers childrē could not concurre with their Vnckle in collaterall ligne because the auncients would not corrupt but so little as might bee the degrees of kindered yet this Prince considering that there is no greater reason to make this substitution and paternall continuation in direct ligue then in collaterall also that nature of her selfe was each way alike he did iustly and natually in all sortes of successiue lignes continue the person of the father by the substitution and succession of his posteritie which hath also bene imitated in feudall customes as is aforesaid So that to omit nothing ex eo nec prior aetate nec gradu propior patruus iudicari poterit quin causam huius successionis in nepote conspicimus The effect whereof should withall ensue without thinking this case omitted sith that by naturall interpretation an other like to the first doth followe or rather to say the same which is considered of the father in the person of his sonne whereof the second brother cannot cōplaine no more then he that hath promised or constituted some reall seruitude for the benefite of his neighbours land which afterward was obteyned and fallen into the handes of many and diuers heires of whom euery one vseth that whole seruice so as if the maner thereby be ouer sore charged yet as is the Lord of the seruing manor compelled to suffer it as being the nature of the thing And merueilous vnlearned is the consequence that our Atturney maketh when he sayth because the King of Nauarre will haue like degree of proximitie as his Vnckle therefore the children of the late Lorde Prince of Conds might saye as much for it is euident to all men that the King of Nauarres reason hath no communitie with the pretēce that this man imagineth of others because the sayd Lord King of Nauarre representeth the elder and is substituted in his roume place by vertue of which substitution he excludeth not his Cossens only beeing children to the yonger but also the sayd Lord Cardinall who had bene more capable then they whereby wee are come to the rule If I ouercome him that ouercōmeth thee much more shall I ouercome thee considering that the Realme and soueraigne Lordship is not yet subiect iudicio familiae Hercis neither can brooke the light of two Sunnes 9 Yet are we to annswer the deduction of Iames de Per. where he saith that the reason why Robert King of Sicill Lewes Duke of Bourbon and Robert Earle of Arthois succeeded not Charles y ◠Faire King of France but that Phillip Earle of Valois his Cossen germaine obteyned it was because hee was found to be in the fourth degree to the deceased King and the Earle of Arthois in the 8. and the King of Sicill in the 7. But immediatly he cutteth off himself againe when he confesseth that the Duke of Bourbon was also in the 4. and therefore by reason should as soone haue succeeded not that we must deny that the succession of the Crowne of France non deferatur proximiori agnato but I saye first that we haue more then sufficiently verefied that the sayd Lorde King of Nauarre is not vlterior gradu then the sayd Lord Cardinall his Vnkle and that according to naturall and ciuill reason But I will moreouer add in the example by this writer propounded that the proximitie of degrees was not the cause of the alleadged iudgemēt in fauour of Phil. of Valois but it was because certainly when once the succession of a Realme is entred one ligne and progenie the rest of all that braunch must faile before we may passe into an other or inhable the same how neere soeuer it bee The reason is most euident because sith the Kingdome is gotten to their kinsman they al are accompted more capable then any other kindred feudorum exemplo wherein to them onely and to all those that are of the same ligne whereof the deceased was the commoditie doth apperteyne and that is it that is sayd ad proximiores deferri because these are accompted proximiores in respect of other lignes These are the wordes of the text in feudall cases This was the reason why the King of Sicil neither the Earle of Arthois could pretende nothing in the Crowne of France which once obteined to S. Lewes excluded the ligne of the aforesayd who discended of Robert Earle of Arthois
to his cause and goods like as we say that it is the reason why restitutiones in integruÌ„ adolescentibus concessae haeredibus illorum competunt quia laesionis occasione minoribus indulgentur eademque ratione S. C. Vellâ—iani exceptio succcessoribê° quique prodest Item actionis funerariae priuilegiuÌ„ haeredi ac caeteris successoribus non denegatur tempus iudicatis datum haeredibus proficit so that sith this qualitie of eldership hath perfected and obteyned this right and cause of succeeding the deceased father he shall seeme to haue transferred the right that hee had in his goods to his sonne Who also shall be capable of a more personall priuiledge of his father for in trueth by the order of lawe if any thing resteth in actions petitions prosecutions or lawe it shall bee numbred with the goodes So that in this argument sith the right and cause was in the father perfect and absolute wanting no more but execution it will not bee amisse to say that the same right may be said to be comen to him as in lege Julia that worde peruenit Vlpian taketh for accipiendum For notwithstanding succession should neuer fall or take effect in the person of the eldest yet hath the lawe made him during his life possessor of successiue possibilitie and qualitie so that he hath obteyned that right to himself both vnweting and vnawares which proceeding of the authoritie and vertue of the lawe is transmissible and as depending of the cause and matter is to the sonne transferred who is part and portion of his fathers bowels as we haue sufficiently shewed and thereof it ensueth that the elder had not this in his owne person onely but rather illud idem in persona ipsius residebat ab ea tameÌ„ diuersum seperatum illudque idem est acsi non filio id est certae personae lex ipsa detulerit sed liberis i. genero cognato primogenito datuâ—â— fuerit which may stand for an aunswer to the text before alleadged to the contrary of him qui filio tutorem dederat vt nepoti dedisse non videatur 12 The last reason is taken out of the text of the custumary of the towne of Paris the head Cittie of the Realme whereby the vniuersall Estate thereof should be ruled Now by the same it is expressely inferred that the representation can take no place in collateral ligne except betweene the brother and the brothers sonne in the pertition of their deceased brother and vnckles goodes neither hath our writer forgotten to say that it is the order of the Romaines lawe conteyned in the auncient decrees of the Emperours before the which in the olde decemuirall law there was no representation in collaterall ligne Herevpon wee maye alleadge reason of double difference first in respect of the Ciuill law which hath had no consideration at all of enheritaunce vndeuided and not subiect to pertition amoÌ„g successors as also it hath not respected senioritie or innioritie of the heires of the deceased but being in like degree hath equally acknowledged them in the succession to them fallen whereupon it followeth that sith contrary to our pollicie moribus ferè iure gentium omnium instituta require these two qualities in the obteyning of a Realme that is that onely one and he the neerest but among those of equall degree the first borne bee preferred The same lawe and obseruation of birthright might and ought therein to haue perpetuall place of representation which it hath as is largely before discoursed so that to argue betwene the qualities of ciuill and Romaine enheritances and ours both politicall and quite altered there is vnder correction no purpose reason or apparance The other reason shal concerne the article of the customary of Paris which cannot bee vnderstoode of the succession of the Realme because therein the neerest successor to the Crowne is not therefore called heire of the King last deceased to cause in this controuersie the coÌ„mon rules of successors are to be obserued but the Realm belongeth to him in vertue of the common lawe thereof whereby the next male of the bloud Royall must succeede not in qualitie as owner of the goods of the last enioyer of the Crowne but by his birthright although in troth in whatsoeuer concerneth Commonwealth and commoditie he bee bound to keepe and obserue the couenants and agreements of his predecessor and therein onely may he be accompted heire to the King whom he hath succeeded These bee the strongest reasons that those of the contrary opinion can alleadge which also I haue further augmented then our writer least it should seeme to the learned Lawyers to whome onely in this last article I meane to speak that I would omit or dissemble any thing that thei could imagine against the trueth which by this meanes I thincke to haue layd so open for that euery one may perceiue it an easie matter to aunswer all their friuolous allegations by the grounds of the knowledge of the lawes which both the one and the other would vse Wherefore there is no more for the Frenchmen to doe but when occasion shall fall out to resolue vpon the most certaine and reasonable opinion for the sayd Lorde King of Nauarre sonne to the elder brother allowed by a great number of Doctors both Canon and Ciuill euen by the two notable lights of the Lawe Innocent for the Canon lawe and Barthole for the Romaine pollicie who make no difficultie thereof neither is the doubt dispersed ouer the Land to any other ende but to destroye both the one and the other and so to giue opportunitie to a third to become Lord of the Realme vnder whom this Estate will neuer florish and the tyrant the instrument of the deuill who durst enterprize the same shall perish miserably with all such instruments as to that effect he may haue vsed Let therefore the perturbers of the peace of this Realme if they be I say not Christians but euen men capable of naturall reason ponder not the politick Iustice of the societie of this ciuill life but onely the hazard wherin they shal at once plunge their memorie honor wealth life and soule and they shall see vnlesse they will wilfully bee blind those men that shal most employe them selues in fauour of the detestable conspiracie now discouered by all good Frenchmen remaine also ouerwhelmed in the greatest miserie and ruine which shall leaue vnto them more affliction without comparison then to the veriest clownes and poorest pesants in the countrey ouer whose bellies they shall so often haue marched because at y e least the life peace of conscience and diuine vengeaunce shall staye in fauour of these when the others may assure themselues of the losse of the loue of God the light of the worlde and their good fame with y e posteritie for hauing tainted their hands in the bloud of their Kinges Princes and fellow countrymen and for euil entreating them and assisting