Vnckle after the decease of Earle Robert because he was sonne to the elder who dyed afore his father True it is that for entering vpon the sayd Countie and taking vpon him the title of Earle before he had taken his oath done homadge to his Maiestie he was arrested at Paris and imprisoned in the Castle of Louure from whence he was soone after deliuered againe An other solemne arrest passed in the tyme of Phil. of Valois about the yeere 1328. for the Dutchie of Brittain by reason of the decease of Duke Iohn who dyed without issue leauing behind him his third brother Ih. Earle of Montfort and the daughter of his second brother Guy Vicountie of Limoges then wife to Charles Earle of Blois vnto whom by sentence of the Court the sayd Dutchie in the yerre 1341. was adiudged because Charles of Blois shewed y â— by the custumes of Brittaine the succession belonged to the eldest theÌ„ to the second and lastly to the third thereupon inferring that his wife daughter to the second did represent the same person But where the house of Montfort did afterward enioye the same Dutchie that came by vertue of a certaine agreement afterwarde made at the entrie of Charles the fifth in the yeere 1364. An other sentence passed in the tyme of Frances the 1. in the yeere 1517. for the Countie of Foix and other the landes belonging to the same famely betweene Odet of Foix Lord of Lautrect and Villemur and Henry of Albret King of Nauarre Grandfather to the King of Nauarre now raigning for Gaston of Foix and Eleanor of Nauarre had two sonnes Gaston the eldest and Iohn Vicountie of Narbonne the yonger Gaston dyed before both father and mother leauing suruiuours by his wife Lady Magdalem of Fraunce daughter to Charles the seauenth two children Philip Phebus and Ratherine whereupon their Vnckle Iohn Vicountie of Narbonne hauing maried the sister of King Lewes the 12. made suite against the sayde Phebus his neuewe pretending eldership by the decease of his brother Gaston The cause pleaded in the Court of Parliament was by the Counsaile compounded in the yere 1488 but soone after began againe by Gaston of Foix Duke of Nemours sonne to the sayde Iohn being in great fauour with his Vnkle King Lewes the 12. but because hee dyed at the battaile of Rauenna without issue it seemed this processe might haue ended but it fell out otherwise for Odet of Foix his Cossen and pretended heire tooke the same cause in hand against Katherin sister to the sayd Phebus deceased and proceeded so farre that by arrest of the Court in the yeere 1517. he was put by the sayd CouÌ„tie together with other the Lordships of the same famelic adiudged vnto Henry of Albret sonne to the sayde Katherine and his posteritie of whom as is aforesayd is discended the now Lorde King of Nauarre In England after the decease of Edward the third in the yeere 1378. Richard sonne to Edw. Prince of Wales was without contradiction crowned and preferred before his Vnckles the Dukes of Lancaster of Clarence of Glocester and Yorke but aboue twentie yeeres after for his euill behauiour and misgouernment he was deposed and his Cossen Henry sonne to Iohn Duke of Lancaster set vp in his place In Portugall King Alphons the fifth had two children Fernand and Henry who beeing the elder deceased before his father leauing a sonne named Iohn after the decease of the said Alphons the said Iohn commonly called Iohn the second whoÌ„ the common Histories doe falsly terme sonne to the sayd Alphons did peaceable enioye the Crowne from the yeere 1482. vnto the yeere 1495. when he dyed without issue and then his Cossen Emanuell sonne to Ferdinand succeeded him The sayd Emanuell hauing raigned 22. yeres among other children left his sonne Iohn the third who was crowned after him and Henry the Cardinal Iohn the 3. during his raigne had a sonne of the same name who dyed before his father leauing his wife with childe of Sebastien who after his Grandfather Iohn the 3. was preferred before his great Vnckle Henry brother to the sayd Iohn the 3. notwithstanding the sayde Sebastiens father was neuer King and that the said Henry might haue obiected the same but he raigned not vntill the sayd Sebastien dyed and left no issue which question sayth Tiraquell doth so resemble ours as one Bee may an other In Castile King Alphons the 10. had two sonnes the elder Ferdinand who maried Blanch daughter to S. Lewes and of her begat Ferdinand and Alphons The younger called Sanxi who seeing his elder brother dead and waying his neuewes right to the Realme could not tary the decease of his father the sayde Alphons but during his life time raised warres to the ende to procure himselfe to bee declared heire whereat this good olde man was so wrath that he accursed him Besides that the French King Phillip the third Vnckle by the mother to the sayde yong Princes after he had therevpon asked aduise of the wise men of his Realme led an armie vnto the frontiers of Spayne and had gone forward had not the Popes Legat lingered him with wordes together with the assurance which the sayde Alphons made him viz. that he would vpholde the right and cause of his sayd neuewes which neuerthelesse he soone after he forgat and sent out his Letter sealed with gold and his owne Image therein grauen to his subiects repugnant to the former and by meanes of the same by forcâ—establishâ—d Sanxi his seconde sonne so as the orphelins were not ouercome but with the sworâ— without any shewe of reason as the historie doe import In Sicill the like quarell being moued betweene the sonne and the neuewe of Agathocles in the extremitie of his sicknesse the neuewe by the will and iudgement of God ouerthrew his sayd Vnkle and remayning victor was King ouer the whole Land In Germany vpon the like controuersie vnder Henry the 3. after vnder Ottho the Great the histories doe report that the States of the Empire met and agreed that this debate should as the custome of that time required be ended by a coÌ„bat wherein the defendants of the cause of y â— neuew sonne to his brother y t would haue had his fathers roume were conquerors and thereupon the sayd Estates did so conclude and adiudge it More solemne also is the sentence which Licurgus the true Oracle of humaine wisedome gaue in his owne cause about the 17. Olimpiade in the time of Numa King of the Romaines for wee reade that his father Enomus King of the Lacedemonians had two sonnes Polidectes and Licurgus the first dyed before his father leauing his wife with childe Enomus dead Licurgus tooke the royall Diadem and kept it a fewe moneths vntill at a banquet among his friendes his neuewe the after borne was offered vnto him whome hee named Charilaus withall set the Crowne vpon his head To
namely Godfrey of Buillon so called for y t he was nursed in the Castle of BuilloÌ„ which now y â— Bishop of Liege holdeth his brother Balduin But these remayning in the holy lande the kingdome whereof fell to them by the election made of the said Godfrey the Emperour Henry the fowerth in the yeere 1101. gaue the Dutchy of Lorrain to Henry Earle of Lembourg whome after hee had rebelled against him he had taken againe into fauour And in troth this Henry of Lembourg was a very bad man for besides infinit other his misdeedes we find that at the prouocation of the Pope theÌ„ being he moued warre betweene Henrie the fowerth and the fifth the father and the sonne The father gaue him the Dutchy yet he tooke the sonnes part and then retourned to the fathers side after whose death hee went and fell at the sonnes fâ—â—te who committed him to prison and in the yere 1106. inuested Godfrey by some named William Earle of Louaine in the Dutchy of Lorraine whose seruice while hee was at Liedge hee vsed in taking Mountfaucon a hould the Lorde whereof was very insolent Of this Earle of Louain sprunge that house of Lorraine which yet continueth for vnto him succeeded Thierry to Thierry Thibault after Thibault a certaine Matthewe was Duke and so successiuely vnto the sayde Lady Isabell wife to Rene of Aniew as is aforesayd So as it is an abuse and manifest deceit to search the race of Charlemaigne in the house of Lorraine sith it is 580. yeeres since it vanished and was quite lost euen after that fower sundry Famelies haue succeeded one after another in the sayd Dutchy of Lorrain One of the yongest of which house who was Graundfather to the Dukes of Guise and Maine now being drawing into France with very smal wealth receiued as also after him his Children so many benefites at the hands of the Kings Francis the first Henry the second and his posteritie that they haue through the liberalitie of their Maiesties encreased their Patrimonie to a Million of Frankes of Rent that they houlde in this Realme whereas their grandfather Claude when he maried Lady Antoynet Bourbon daughter to the Duke of Vendosme had not aboue 14. or 1500. besides they haue bene honored with the greatest offices of y e Crowne as the office of great Master which was woÌ„t to be in the house of Montmorencie and other of the most honorable So as it might be hard to thinke that nowe they would imitate the Moyle whose nature is to kicke and spurne at his Mother when hee hath sucked enough of her Milke either that they had so vnthaÌ„ckfull a minde as to take weapon against the Royall Famely whereunto they are indebted in whatsoeuer they are yea and that vnder a false perswasion that they should be disceÌ„ded from Charlemagne which is contrarie to all trueth 4 To verefie therefore that the Princes of Lorraine neuer came out of the house of Fraunce it will be sufficient to shewe that in the succession of the Dutchy of Lorraine they obserue not the Salicke lawe as it was iudged by the Fathers assembled at the Counsaile of Basill on the behalfe of Isabell of Lorrain wife to Rene of Anieow and daughter of Charles of Lorraine against her Cousen Antony of Lorraine the sonne of Ferry the yonger sonne of Charles Hereby it manifestly appeareth that thus they declare the Princes of Lorraine to bee no Frenchmen neither euer to haue bene of the bloud royall of Fraunce or capable of the Crowne for the which and in the soueraigne succession wherof the Salicke lawe hath of olde time euen since Pharamond bene religiously obserued and thereby not onely the daughters but the males of them proceeding haue bene excluded from the Realme of Fraunce according as the decree of the sayde lawe importeth in these words Of the Salicke landes the woman shall chalenge no portioÌ„ but the succession therof shall appertaine to the males The reason of this constitution is because our fathers did horribly detest the gouernment of strauÌ„gers which vndoubtedly must needes haue often happened if the males of daughters that were wiues to forraine Princes might haue bene capable as some would perswade y â— childreÌ„ of Lorraine y t they may pretende as wrongfully as did Edward of England whose cause was solembly ended by the whole states of FraÌ„ce for Philip of Vallois afterward King against the sayd Edward the sonne of Lady Isabell daughter of Phillip y e faire after that Prince Robert of Arthois had openly made an Oration to the Estates for the sayd Phillip and had among other alleadged the reason aforesayd the originall whereof he drewe from before the Emperour Iustinian and Paule Emilie speaking of the ioye and contentation that the French conceiued after this senteÌ„ce writeth thus King Phillip making his entrey into the chiefe Towne of his Realme was receiued with as great pleasure ioye and triumph of people as euer was King of Fraunce where was a world of people crying God saue the King The streates were paued with Flowers according to the seazon and adorned with the most triumphant Furniture that could at that tyme be found To bee briefe saith the Historie the people forgat no kinde of demonstration of their contentation for the comming of this King to the Crowne He saith moreouer y t the Towne feasted his Maiestie y e Princes of his bloud and Officers of his Crowne praysing publickly extolling him as the preseruer and defence of the French Maiestie and the libertie and dignitie of the Salicke law whereby the FrenchmeÌ„ who were accustomed to prescribe lawes to Straungers were neuer ruled by them Then he endeth his speech saying that the most part of the night was put away with the light of Bonfyers throughout y e Realme and the howers of sleepe consumed in daunsing singing and all sortes of honest and delectable mirth especially at Paris y â— townes men marched in great troupes to congratulate each other for the welcomming of this King whom they termed the Bulwarke and preseruer of the best of their lawes These good fathers were no basterdly French as are those of our cursed world and would haue kept themselues farre from informing much lesse from begging those meanes that might bee imagined for the breach of this goodly Salicke lawe which is the onely Oracle of France and true rampier of the French dignitie which also sith it is euident that the Princes of Lorrain haue not vsed it is an vndoubted demonstration that they are not discended of the race of our Princes who haue so highly commended it in their Empier and soueraigne gouernement 5 In deed our deceiuers since considering that this foundation was too rashly propounded and might breede hatred in the King against the Princes of Lorraine whome they would bring into this bad action because his Maiestie beeing iustly agrieued hath power enough and ready to chastize the Authors of
briefe that to the ende by the death of the late Mounsier the Duke to insinuate himselfe further in his Maiesties fauour and to bee neerer vnto him he had determined to alâ—er his Religion Which was a subtile â—llicie both to bring him into suspition with his owne partakers and into contempt among the Catholickes so as by that meanes both parts might haue forsaken and despised him and so he might become a pray to their fayned League as a man light vnconstant and of small stedfastnesse which is one of the chiefest things that euery ChristiaÌ„ Prince ought to abhorre especially in causes of ReligioÌ„ which we may not lightly chaÌ„ge neither without great notice of the cause and the discourse thereof publickly argued in the Church of God but especially in our awne consciences Wherefore good men neither ought ne caÌ„ mislike that the sayd Lord King of Nauarre doth protest to liue and dye in his Religion permitted vnder the Kings authoritie by his Maiesties Edicts published euen by y e decree of the States of the Realm neither are wee to terme him an hereticke or obstinate person vntill wee haue lawfully by a free vniuersall or nationall Counsaile whether shall seeme most expedient condemned that opinion which he holdeth Will ye likewise that I shewe you what mistrust the Catholickes may conceiue of his goodnesse and singuler clemencie Then would I pray the most passionate to consider and looke vpon his famelie They shall finde the same to consist for the most part of Catholicke Officers But of what sorte Euen such as are neerest about his person who haue him in their haÌ„ds vpon their honors and consciences to whom he committeth himselfe and vpon whom of himself he doth depend as vpon his keepers Maisters of his Guardrobe Stewardes and many others who before his face with his liking and contentation being in his trayne do ordinarely go to the Masse assist at the deuine Seruice ministred after the maner of the Catholick Romish Church To be brief euen with this qualitie he acknowledgeth theÌ„ for his good faithfull and loyall seruants This could they not assure themselues of neither yet serue him with good hearts beeing such men of honor as they are if in his behauiours they could perceiue any mistrust which is the nource of hatred and mallice against the professors of their Religion or if they could finde which were easie to doe that he did euill entreate or forbid them to serue God after their maner and so sought to bee the tormentor of their consciences To conclude al these coÌ„siderations alledged against the King of Nauarre which are neither true neither of any outwarde apparence cannot in y e coÌ„sciences of good men truely FreÌ„ch debarre him from beeing sufficient and capable of the Crowne of France yea further I say that the same notwithstanding he is your true and lawfull King to whome onely you are bound to obeye in cace during his life the sayde occasion of substitution should fall out which God forbid and which also neither he ne wee ought or should desire if either wee were Christians either els did beare any iot of hartie good will or affection to our King 18 To proceede let vs see whether a king houlding the Scepter or raigning ouer any estate especially ouer ours may appoint and nominate any other successor then him whom nature and the Lawe of the Realme haue giuen him This question I do not moue without cause for in trueth the perturbers of the peace of this Crowne and such as iniustly do pretend to set thereinto a foote haue made a League which they entitle Holy but al good med doe truely name Bloody with the Pope the Spanierd and the Sauoyan the conspired enemies to France and the Royall blood thereof through whose helpe they hope to leauy an Army wherwith to come into the hart of the Realme onely say they simply to sommon the most Christian King to name a successor at their deuotions Oh what an execrable mischiefe to seeke to force vs to enfringe the successiue lawe of this Realme whereof we haue so many worldes enioyed the blessed good hap What impudency those that haue not almost whereof to liue in their owne houses to goe about to preuent and ouerthrowe the order and Estate of so great an Empire This is a wonderfull bouldnesse to endeuour to compell so mightie a Monarcke as the French King and their owne lorde being yong healthy and such a one as it if please God hee may graunt him the blessing of the posteritie of Abraham to choose him a man to be his Heir But the French men doe assure them selues that they haue a King that is of better bringing vp then so one that is valeant feareth God and is ielous of his honour yea such a-one as would not for the getting of the whole worlde make such a breache in his conscience reputation vertue and memory that our Children should haue cause atro carbone illum notare saying that he had so farre hated himselfe and his owne blood as to haue corrupted the Lawes whereby after his predecessors he doth raigne euen since the originall of the Monarchie and to haue transferred the Crowne out of his owne famely for the satisfying of the rashnesse of those who finding them selues in Armes might hasten his time to the end to cause him the sooner to leaue them his roume For what dareth not Ambition and desire to Raigne vndertake Moreouer I doe most humbly beseech his Maiestie to pardon me though I boldly shew him that it is a thing that hee may not doe Also that the Lawe of the Realme whereby him selfe is King forbiddeth hym to meddle therewith because the same taken order therin vnto whom it is commendable in the Maiestie of a Monarke to acknowledge him selfe bounden And thus was it iudged declared and put in execution by the Parliament of the Peeres of France for Charles the seauenth against the treaty which king Charles the sixt in the yere 1420. made in y e towne of Troye in Champagne at the Mariage of his daughter Lady Katherin vnto King Henrie the fifth of Englande which imported the graunt and minde of the sayd King Charles the sixt to be that the sayd King of England or his issue male comming of the sayd mariage shonld be called to y e Crowne of France the said Charles the seueuth be thereof debarred and disinherited for euer This is not now say our Maisters the first time that it hath bene and perpetually shall be obserued by y e Salick law of this florishing Crowne which the King that houldeth the Scepter cannot alter because he is but a tutor protector collector and administrator thereof salua eius substantia itaque nec donare nec perdere poterit neither otherwise dispose of the proximitie of his bloud then the law of the Realm will beare neither yet transferre it into any other hand then that whereto it apperteineth although hee
naturall princes mainteine the one part which is least plausible and agreeable with the French nation much lesse aucthorised by Princes and forrein potentates whose weapons they hope to vse when neede shall require To the end also with lesse labor and greater pretence to hoyst vp the Ladder of their driftes they haue procured the writing of a number of bookes which within these fewe yeres are come to euery mans hands concerning the discents of the Princes of Lorrain whome gladly they would bring aboord into this quarrell if possibly they could meaning with them in mens hartes to imprint falsely to perswade that our Kings and Princes are no lawfull Successors but tyrants and vsurpers of this crowne from those of the auncient race of whome they would make the Lorrains to be discended so to procure them to be Captains of their conspiracie 2 But these Princes haue euermore sought to bee accompted too wise iust and vpright dealers to haue their eares so ticklish as to let them selues be led with such false inductions which could bring them no other but speedy shame perpetuall ignominie of their race for doing as the husbandmans Serpent who when hee had well refreshed himselfe at his fier would haue driuen him also out of his house As also to shewe that they neuer thought vpon so detestable a deede That euery man therefore may knowe it to be too euident an abuse to say that they be come of the famely of Charlemagne I will vse onely that Booke that themselues did in the yere 1549. to cause Edmond of Boulay the chief Herault and King of Armes of their house to publish wherein with the common opinion they doe mainteine that Charles of Lorrayn brother to Lothair King of France the last of Charlemagnes posteritie of whom the seditious do make so great accompt left a Sonne named Ottho who was Duke of Lorrain and died without issue so as in him ended the males of Charlemagne In deede the said aucthor saith that Godfrey with the beard Earle of Ardenne succeeded his Cossen If then he were Cousen to the said Ottho the same kindred might come by beeing discended of a daughter of the said Charles wife to LaÌ„bert Earle of Bergues or Monts who was Merquize of the Empire Earle of Brabant so consequently by the Salique Lawe vncapable of this Realme By reason whereof Pope Benedict the eight beeing at Pauy with the Emperour Henry the second and Robert sonne to Hugh Capet in the yere a thousand two hundred and three declared the sayd Robert to be lawfull King and Lord of the Crowne of Fraunce Besides the Author is forced to confesse that this Male ligne of Godfrey Countie of Arden failed againe and fel into the person of Ide wife to Eustace Countie of Bolongne on the Sea the father and mother to Godfrey of BoloÌ„gne King of Hierusalem who in Lorrain succeeded his vâ—kle by the mother Godfrey with the crouch backe so doe the Males of the house of Bologne are by the same writer continued vntil Lady Isabell the onely daughter and heire of Charles Duke of Lorrein who in the yeere 1418. maried Rene of Aniew pety sonne to King Iohn of Fraunce Thus we see by the domesticall testimony of the Princes of Lorrein the third distaffe in the house of Lorrein since the sayd pretended Ottho Sonne to Charles of France of which the first had bene sufficient to depriue them of the Succession Royall not withstanding their auncesters had drawen their Orriginall from the Masculine house of the saide Charlemagne For in respect of the house of Aniew extract out of the royall stocke of Fraunce and grafted into the Dutchy of Lorrain by the marriage of the said Rene with Isabell of Lorrain the same Lorrain Historiographer agreeth y t it ceased in Nicolas Marquize of Pont sonne to Iohn the second that dyed in y e yere 1433. whose succession was gathered vp by his Sister Yolland wife to Ferry of Vaâ—demont who was the yonger of the auncient house of Lorraine sonne to Antony sonne to Ferri brother to Charles Father to the foresaid Isabell 3 I will and that truely auowe that the house of Lorrain now being is so farre from being issued out of the race of Charlemagne either by Male or Female farre or néere that contrariwise the Dutchy of Lorraine hath chaunged stock or family fower or fiue times since the posteritie of Charlemaigne First in the house of the Counties of Ardenne when after the decease of Ottho Sonne to Charles of France in the yere 1005. Henry the second Emperour gaue Lorraine to Godfrey the sonne of Godfrey Earle of Ardenne whose seruice he had vsed against the sonnes by whome the Duke of Lorrain had bene emprisoned and soone after deceased without issue After hym succeeded his brother Gothelo in the yere 1019. in the time of Robert King of France Then in the yere 1033. Conrade the Emperour gaue to Gothelo Mosele after the decease of Frederick Earle thereof so as hee grewe mightier in Lorrain then before Against this Gothelo marched Odo Earle of ChaÌ„pagne seazed vpon Bar but the Lorrain gaue him battaile wherein the said Odo deceased Gothelo had a sonne named Godfrey vnto whom the Emperour Henry the fowerth refused to giue the Dutchy of Mosele and therefore hee would not also be Duke of Lorrain but in the yere 1044. rebelled against the Emperour who tooke him prisoner and after released him taking his sonne for Hostage who being dead the father reuolted again stirred vp Baldwin Earle of Flanders to help him to warre vpon him And this Godfrey slew Albert to whom the Emperour had giued Mosele for which cause the Emperour inuested Euerard of Alsatie in Mosele Fredericke vnckle to Baldwine of Flanders in the Dutchy of Lorraine Godfrey seeing him selfe so oppressed passed into Italie and there maried the daughter of Marquize Boniface but was by the Emperour soone after driuen out of Lomberdie wherefore he retired into Flanders and accompanied with the saide Baldwine besieged Fredericke in Antwarpe but the Lorrains came to his succour This Godfrey had a brother called Frederick sonne to Gothelo who retourning from Constantinople became a Monck at Mount Cassin and was after y e 157. Pope called Steuen in the time of Henry King of France After the decease of Frederick of Flanders inuested in the Dutchy of Lorraine Euerard of Alsatye was Duke of Lorrain but both the said Godfrey Euerard being dead in the yere 1070. the Emperor gaue Mosele to Deoderick son of the saide Euerard and restored Godfrey with the crooke back sonne of Godfrey aforesaid to Lorraine This man wholy destroyed the Frizons but was in the end slaine by Richarius in the yere 1089. so as by his death began the second house of Lorrain in the person of Ide sister to the last Godfrey with the crouche backe and wife to Eustace Earle of Bolongne whose Children were Dukes of Lorrain
auncient or mightie soeuer as beeing aboue 1200. yeeres since vnder one forme and with one kind of lawes it was gouerned vnder the maiestie and authoritie of Kings of whom this last race hath continewed 600. yeres But among the chiefest and most perfect ordinances of this Crowne that is most commendable whereby the realme doth by succession belong by vertue of the Salick law to the next Male of the deceased King discending of the Masculine ligne For in trueth our Kings knowing that those of their owne blood are to succeede them haue the greater cause to keepe housband and preserue the estate and demains of their Realme as their owne and certaine Patrimonie besides that the successors of the Crowne that are nourished and brought vp in this greatnesse doe neuer become tyrants because euen from their mothers wombes they are vsed to command and ordinarily doe become the better more iust valeant hardy and couragious by representing to their owne view the greatnesse commendation and maiestie of their predecessors On the otherside the subiects of the Realme that haue sâ—â—e the birth nourishing and bringing vp of their Princes do the better know their humors and willes and doe more freely obey such as are borne to rule their estate theÌ„ others that are newly elected whom they remember to haue knowen in the like calling as them selues without either preeminence authoritie or gouernment so as there is nothing so perfect as that which neerest doth imitate nature and which seemeth to be altogether immortall aud infinite by Succession from the Father to the Sonne Besides that thereby the Kings subiects howe wealthy or mightie so euer doe conteine themselues in duetie humilitie and obedience to their soueraigne Prince when they remember that so long as any of the royall blood doe suruiue the same be capaple to attaine to that marke and that purposing to attempt any bad matter against the Estate and person of the King there remaine as many reuengers of the iniurie offered to his Maiestie as there be Princes of his bloud Herevpon doe I presume y t in our France wherein this royall succession hath time out of minde bene strictly obserued it was neuer found neither doe we reade that the French men did at any time enterprize or practize aught against the person of their King whether in respect of that naturall affection that alwaies they haue borne him and whereof they beare the bell among all other Nations in Europe or els because God neuer permitted the royall bloud of Fraunce to rest onely in one whereby the presumpteous conspirators might after the trespasse committed escape without punishment This royall succession therefore resting without doubt or coÌ„tradiction in this Realme the subiects thereof doe well knowe euen naturally and presumptiuely who is most likely to become their King so as now to call in question this succession is the only direct way to cause the King y t holdeth the Scepter ouer vs to think and with himselfe to imagine that in his Realme there are some who for the satisfying of their ambitioÌ„ could willingly wish to haue his place and for the same purpose do harken after his ende But sith the bolde impudencie of men is so great that they blush not neither are ashamed to disclose themselues to giue all men to vnderstande of their bad entents besides that necessarily the Commune must bee satisfied who otherwise might sooner beleeue the false then the true before wee proceede any further in aunswering the chiefe poynts of the Lybelles that they scatter abroade to the end to say that after the decease of the most Christian King without issue male it is not the nowe King of Nauarre but his Vnckle the Lord Cardinall of Bourbon that lawfully should be King or the better to expresse their entents that it is neither the one ne the other but that they must proceede to a newe election and nomination of a Prince I will here protest that I neuer desire to see the aduenture of that substitution which they pretende but hartely doe wish to the King my soueraigne Lorde a most long and happie life with as great number of issue capable of this Crowne as there be Starres in the Firmament 9 After which protestation to come to the purpose and succession of the house of FraÌ„ce I will first speake to those y t are not brought vp in the state of this Realme but onely haue learned of their Fathers that the Famely of Bourvon hath the honor to be issued from our Kinges therefore that the Princes thereof may succeede when God shall permit to the Crowne by the Lawe of succession of the realme Turning my selfe then to these commons I say that it is well knowen that King Lawes the ninth canonized and called saint Lewes had two sonnes the elder Phillip the bould of whome are come our Kings yet raigning who also had two sonnes the eldest Phillip the fayer who succeeded him and after him his three sonnes Lewes Phil. the long Charles the fayer the yoÌ„ger Charles County of Valois who begat Phillip of Valois who succeeded in the Realme after his Cousen Charles the fayer After Phillip succeeded his soune Iohn after him Charles the fifth called the wise sonne to Iohn This Charles had two sonnes the eldest Charles the sixth King of Fraunce vnto whome succeeded Charles the seuenth Lewes the eleuenth and Charles the eight his sonne petie sonne and petie Neuew The yonger Lewes Duke of Orleance who by Lady Valentine of Millan had two sonnes Charles the elder father to Lewes the twelfth King of France after his Cousen Charles the eight was deceased without issue and Iohn Earle of Angoulesme who was Father of Charles also Earle of the same lande and Grandfather to king Francis the first who succeeded his cossen Lewes the twelfth of which King Francis came Henrie his second sonne and father to Henry now raigning Hetherto therefore the branch of Phillip the bould eldest Sonne to Saint Lewes neuer failed so must that fable needes be false which the enimies of the house of BourboÌ„ haue sought to root in mens mindes namely that the discontentation of the late King FraÌ„cis the first against Charles of Bourbon that dyed at Rome was for his pretence to the Crowne of France which since haue continued in al the Princes of this house and from whence should be deriued the troubles and Ciuill Warres of this realme during the minoritie of the Kings Francis the second and Charles the ninth brothers to the King nowe raigning A matter vtterly false and falsely inueÌ„ted to the ende more and more to bring into the hatred of the people the Princes of Bourbon who neuer accompted more deerely of any thing or had greater delight in ought then to acknowledge obey and faithfully serue the Maiesties of our Kings as their true and souereigne Lordes hauing the honor so neerely to be to them allyed that they are of the same House and Armes without
difference except that our Kings are extract from the elder sonne of Saint Lewes and the Princes of Bourbon frō the yonger 10 The second sonne of said saint Lewes was Saint Robert of France to whom his father gaue for his maintenance y e Coūtie of Clermont in Beauuoys This Robert married Beatrix daughter and Heire of Archembault of Bourbon and they two had issue a sonne named Lewes who succeeded his said father in the Countie of Clermount and so was also Earle of March besides that in the right of his Mother hee enioyed the goods of the sayd Archembault of Bourbon namely the Lordship of Bourbō which in respect of the appertenaunces thereto was of such accompt that King Phillip of Valois in the beginning of his raigne which was about the yeere 1327. erected the said Landes into a Dutchie wherby the said Lewes tooke vpon him the name and state of Duke of Bourbon which since hath continued in his posteritie This Lewes had two sonnes by whom this stock was first deuided into two brāches the one was named Peter the other Iames Peter is now quite worne out as concerning the Masculine ligne neuerthelesse wee will briefly rehearse his issue and then retourne to the posteritie of Iames who was the yonger of whom is discended the house of Vandosme from whom the Princes of Bourbon now liuing doe fetch their originall Peter of Bourbou being the elder of this house as is aforesaid was of great credit and authoritie in the time of King Iohn and had many daughters among whom was one very fayre whome Charles the fifth couered to marry rather then Margaret of Flanders who had three goodly Counties to her marriage Flanders Artois and Henault whom he caused his brother Phillip the bould Duke of Bourgondy to marry An other named Blanch was maried to the King of Castile a third to the Duke of Sauoy a fourth named Catherin to the Earle of Harcourt He had also a Sonne called Lewes who was of great fame as well toward y e end of Charles the fifth as in the beginning of Charles the sixth to whom he was appointed tuter as also to his brother Lewes Duke of Orleance togither with the Duke of Burgondy their vnckle by their father The saide Lewes of Bourbon was Capteine and Leader of the armie against the Turke in Affrike in the time of Charles the sixth and had to wife Lady Anne Daulphine who brought into that house the Countie Dauphine of Auuergne and the lands of Cōbrailles with the Lordship of Mercure in the said land of Auuergne and by her he had a Sonne called Iohn who maried Mary daughter to y e Duke of Berry To this man was giuen the Dutchy of Auuergne with the Dutchy of Bourbo and Countie of Clermount 11 At Iohn the sayde principall braunch bearing away the eldership the Famelie began to bee deuided for he had two Sonnes Charles and Lewes Charles succeeded his father in Bourbon Clermont and Aunergne and Lewes had Montpensier which in y e end returned to his posteritie Charles marryed Agnes of Burgondy sister to Duke Phillip of Burg. and they had issue principall two sonnes Iohn and Peter It is sayd they also had two more of one name viz. Lewes of whom the one dyed yong the other was Bishop of Liedge and Abbot of Sainct Vaast Others doe saye that they had two Sonnes Charles who was Cardinal and Archbishop of Lyōs Iohn who was Bishop of Liedge They had also sundry Daughters as Iane married to the Prince of Orange Isabell to the Duke of Burgondie and Margeret to the Duke of Sauoy of whom are discended Philibert Duke of Sauoy deceased without issue and Lady Loise of Sauoy married to the Duke of Angolesme of whom came the late King Frances the first But to returne to the said Iohn and Peter sonnes of the said Charles of Bourbon and Agnes of Burgondie Iohn the eldest had his fathers goodes and married Iane of Fraunce Daughter to King Charles the seuenth sister to Lewes the eleuenth who neuerthelesse in the warre for the Commonwealth reposed no cōfidence in the sayd Iohn of Bourbon aswell because he was come of a Daughter of Bourgondie as for that he had not bene payd his mariage money The sayd Iohn had no children by either Lady Iane of Fraunce or Lady Iane of Bourgondie his Cousen whom he tooke for his seconde wife and so his whole succession fel to his brother Peter who was called Lord of Beauuiew This Peter maried Anne of France daughter to Lewes the eleuenth He was in great credite during Lewes raigne but in greater during Charles the eight so as in the voyage to Naples the sayde King left the sayd Peter Regent of Fraunce The sayde Peter also left no issue Male but one Daughter called Susan who might haue great controuersies for the goodes of that famelie for the preuēting wherof it was wisely aduised to marrie her to a male of this house which was brought to passe as hereafter shall be shewed 12 To Lewes of Bourbon of whom wee spake before fell the Countie of Montpensier and so continued the name and title so long as the ligne of the sayd Charles his elder brother lasted He married Gabriel of the Tower of whom came Gilbert of Montpensier Viceroy of Naples after that Charles the eight had gotten it He married Clare of Bousaigne of whom issued fiue children thrée sonnes and two daughters Charles Lewes and Frances of whom the two last died without issue Charles succeeded his father and with the consent of King Lewes the eleuenth maried the aforenamed Susan of Bourbon his Cousen whereby all the auncient goodes of this house were left to them and confirmed in their persons whereby also was exting uished a quarrell already framed for the sayde goods which neuerthelesse soone after brake out againe more fiercely then before because y ◠sayd Susan of Bourbō wife to her Cousen Charles and heire of the elder house of Bourbon dyed before her sayde Husband Charles without leauing any issue of her bodie and therefore Lady Lewes of Sauoy mother to King Frances the first and Regēt of France entituled and bare her self for heire to her said Cousen Susan and in deede was in degree neerer to succeede her then the sayd Charles her Husband wherevpon the processe controuersie began whereat it was sayd that the syd Charles tooke such displeasure that he withdrew himself out of the Kings obediēce therfore his Maiestie had a decrée of iudgement of his goodes and rightes by confiscation Also since that tyme was a composition made betwene the King and his sayd mother vpon condition that if hee deceased without heires male then the sayd goodes should returne into Lorraine But his Maiestie not willing so rigorously to vse his rightes and coueting to deale fauourably with the sisters of the said Charles he left to them part oft he sayd goodes as to the Lady Dutches of Lorraine the Baronage of Mercure
retourne to the line of Francis the Elder who maried Lady Mary of Luxembourg daughter to Sir Lewes Constable of France who brought great goods to that Famely in Picardy Artoys Flanders and other places Of these two issued diuers children namely Charles Frances Lewes Antoinet Loyse of Bourbon Charles the Eldest succeded in the Countie of Vendosme and procured it to be erected into a Dutchy and Pairry Francis had the Countie of Saint Paule and maried Lady Adriane of Touteuille daughter and heire of a great famely They had issue a daughter Lewes was a Cardinall Anthoinet was maried to the Lord of Guyze of whoÌ„ is discended the house of Guise now liuing Loise was abbesse of Fronteuault Now the said Charlâ—s the eldest maried Lady Francis of Alencon sister to the deceased sir Charles Duke of Alencon last deceased without children in the yere 1524. of this mariage issued Antonie Francis Charles Lewes Iohn Antony the Eldest and Heire of this family maried Iane of Albret Queene of Nauarre of whom came Henry of Bourbon now king of Nauarre who hath married Margaret of France Sister to the most Christian King Francis was named Lord of Anguien who gat the victory at the iorney of Serizoles died without issue Charles the third is Cardinal of Baurbon and Archbishop of Rouen Lewes was Lord Prince Conde who when he died left fower sonnes Henry Prince of Conde Francis Prince of Contie Charles Cardinall of Vendosme and Charles Countie of Soissons Iohn who after the decease of Francis was entituled Lord of Anguyen died also without Issue There were also some daughters of whom here we haue nothing to say as hauing in this argument to treate onely of the Succession of the house of FraÌ„ce which can not discend but to y â— Males of this famely The onely controuersie therefore and different that might through the Counsaile of the mischiuous be mooued resteth betweene Henry of Bourbon King of Nauarre sonne of Anthony the eldest of that famely and Charles Cardinall of Bourbon and Archbishop of Rouen his vncle by the father The end of the first part ⧠THE CONTENTS OF THE SEcond part of this Booke 1. Obiections moued against the King of Nauarre 2. The mariage betweene Lady Iane of Albret Princesse of Nauarre with the Duke of Cleue dissolued by the Ecclesiastical sentence the Popes dispensation auctorized in Parliament Also the marriage of the sayd Lady with Anthony Duke of Vendosme the eldest of the house of Bourbon from whom is discended the King of Nauarre 3. Marriage is by the Ciuill lawe voyde being contracted before age 4. The holy decrees haue inhibited the blessing of mariage of maidens before twelue yeeres of age of men before foretene the East Church haue proroged the Matrimonie of the man to fifteene and of the woman to thirteene 5. The honestie of Ciuill pollice forbiddeth mariage before age 6. Examples of mariages disanulled by reason of the noneage of the contracted 7 The explication of humaine pollicie wherefore hereticks are vncapable of successions 8. The right of Realmes is houlden immediatly of God by the continuation of the successiue lawes of the same Neither can the Estates depose a King vncapable or otherwise disabled Or the people transferre the right of their Lord vnto the person of any other to whom it ought not to be giuen 9. The office and duetie of the Clergie towarde Kings and Princes King Henry the second protested against the Counsell of Trent 10. Why those of the League would not take the Catholicke Princes of the blood therinto Those of the league haue sought to suborne those of the pretended reformed Religion 11. Kings are Stewardes of the Church goods The Church is in the Commonwealth not repugnant thereto Pollicie Iurisdiction and collation of Ecclesiasticall functions apperteineth to soueraigne Princes The Kings of Fraunce haue euermore preserued the state of the persons and goodes of the Clergie in their Crowne The Clergie were in olde tyme not capable to distribute Church goodes 12. The King neuer dyeth in France because of the successiue law thereof To what ende the Coronation of Kings was instituted The auncient maner of the Coronations of heathen Kings How long it is since anoynting was instituted and wherfore It is not necessary to annoynt or crowne Kings in one only place 13. Antiquitie is no necessary argument to auctorize common custome 14. The Church neuer disturbed the succession of Kings no not for heresie 15. Whether it be likely the K. of Na. wil force the conscience of his subiect 16. The estate of Bearne and Nauarre 17. The cause of the protestatioÌ„ that the King of Nauarre made the last yere at Montauban 18. The King cannot infringe the successiue law of the Realme The successor commeth not to the Crowne in the qualitie of heire to the deceased 19. The Popes reasons whereby he pretendeth aucthoritie to transferre Kingdomes The Popes haue euer exempted France out of their wonderfull power Gods lawe without polliticke confirmation is no sanction vpon earth Priestes haue no imperiall Iurisdiction Bishops and Popes haue acknowledged Kings and Emperors for their Lords The punishment of heretickes is executed by the seculer Magistrate 20. The opening of sundry places of Scripture concerning Ecclesiastical iurisdictioÌ„ Wicked Emperors were neuer deposed The Pope cannot excommunicate any body politick or Towne subiect to the King of France Appeales in cause of abuse from the Pope and other Clergie men obserued in France 21. The Church cannot excommunicate a Prince that is an euill liuer Subiects after the excommunication of their Lorde are not discharged of their dueties toward him 22. The sentence of the excommunication of a Prince cannot conteine any clause of depriuation from his Lordly rights 23. A Prince may lawfully arme himselfe against the Popes wrongful excommunication and appeale therefore as in abuse 24. The K. of Nauarres reason to proue him no Hereticke 25. The vsurpations of the Counsell of Trent ouer the Crowne of France 26. Most dauÌ„gerous drifts of y â— Leagued in the reformation of the Realme 27. The wicked entent of the Leagued Also what enuy they beare to the Duke of Espernon and others 28. The remembrances of Aduocate Dauid now put in execution by the Leagued The Kings duetie in matter of Religion 29. Forraine rule and gouernement is wretched FINIS THE SECOND PART OF the Cath. Apologie 1 SVch as mislike the king of Nauarres cause doe obiect against hym in this libell fonre principall points wherof three doe perticularly touche the qualitie of his owne personâ— the fourth concerneth the auncient controuersie betweene the Vncle and the sonne of the elder brother But we will endeâ—our to shewe that in all and throughout all they haue but a weake foundation Concerning the first they aleadge that the said Lorde King of Nauarre is not borne in lawfull matrimony of Anthony of Bourbon eldest sonne of the house of Bourbon because Ladie Iane of Albret mother to
the said lord King was married to the Duke of Cleue when she ioyned with the said Lord Anthony and so consequently the King of Nauare discended of the said Anthonie of Bourbon and Iane of Albret is illegitimate and vncapable to succede in the Crowne of France wherin Basterds did neuer succeede 2 This point is easie to bee answered by the trueth of the matter which is that the late King Francis the first desirous to drawe to himselfe and to disunite from the Emperour Charles the fifth the Duke of Cleue vrged forced his sister Lady Margaret of FraÌ„ce and Henry of Albret King of Nauarre father and mother to the sayd Iane who then was a yong Princesse of eight or nine yeres of age at the most to marry her to the sayd Duke of Cleue with whom the solemnitie was accoÌ„plished and the maiden conducted to the nuptiall bed in the Towne of Chastelerauld but before the time of mariage was lawfully perfect and accomplished in the said Lady Iane she complayned of this pretended marriage crauing the dissolution thereof which by the sentence of the Church and the Popes dispeÌ„sation afterward in the yeere 1541. enrowled in the Court of Parliament was broken After all which acts the said Anthony of Bourbon father to the sayd Lord King of Nauarre maried the sayd Princesse 3 It followeth therfore that the pretended mariage betweene the sayde Duke of Cleue and the sayd Iane of Albret was voyde and of no force or effect as well by the Ciuill lawe of the Romaines which ordinarily we do vse as by the holie decrees of the Catholicke Church Antistius Labeo and after him Papinian Vlpian gaue sentence against Saluius Ialianus A maideÌ„ vnder twelue yeres of age brought into her husbands house is not so much as espoused if the affâ—ancing weÌ„t not before In an other place Papinian arguing whether the promise of dowrie eonteineth in it a condition if the marriage doe ensue setteth downe for an assured resolution That if a maiden vnder twelue yeeres of age be brought into her husbands dwelling house hauing there accomplished her lawful age she may as of age require her dowrie Labeo vpon the propoâ—itioÌ„ of donations by the husband made vnto his wife which in lawe are prohibited maintaineth that whatsoeuer the husband giueth to the pupill his pretended wife is in Romaine pollicie good and of force In an other place he saith Whatsoeuer is bequeathed to a pupill at her day of mariage if she coÌ„tract matrimonie before her perfect age the gift is deemed vnprofitable and the condition iudged not to be performed which Vlpian doth expressely confirme In an other place the same Author repeateth the rescript of the Emperour Seuerus whereby the husband is forbidden in the qualitie of a husband to accuse his wife of adulterie coÌ„mitted during her noneage Pomponius hath left vs the generall rule of this question in writing conteining A maiden vnder twelue yeeres of age shalbe a lawfull wife when in her husbands company she hath atteyned the sayd age of twelue yeeres Which likewise Vlpian and Paulus doe repeate in their discourses vpon the priuiledges graunted to the wife for the redemand of her dowrie 4 The holy decrees of the Cath. Church are full of such decisions Pope Euaristus who held the Sea of Rome about the yere of Iesus Christ 110. confesseth that he had learned of y e fathers his predecessors that the inequalitie and insufficiencie of age doe make the wife vnlawfull Wee reade a decre of the Counsaile of Foruile holden vnder Charlemagne and Pepin his eldest Sonne concerning this question Moreouer saith the text For the remedying of all we forbid all persons to ioyne in matrimony before their ripe age also all such as are of vnequall yeeres in any wise to match together but only those who in respect of equall birth beare like minde and consent Pope Nicholas the first who sat about the yeere 858. to the same effect writeth That where consent wanteth it is no mariage Such therfore as doe make alliances of their children being yet in their cradles do no whit bind theÌ„ vnlesse the coÌ„ioyned hauing atteyned the yeres of discretion doe allowe thereof notwithstanding their parents would marrie them Vpon this text also Iohn Andrewe teacheth vs that wee must enquire the willes of the pupilles when they are of ripe age therein following that which Pope Marcel coÌ„curring with the seconde decree of the Counsaile of Toledo hath written of those who before the tyme appoynted doe make and promise the vowe of Religion for although according to Isidore Puberes doe take that name of Pube that ripe age appeareth in such as are able to engender yet must wee not iudge this habilitie by the onely naturall power in the act of generation but by the iudgemeÌ„t counsaile and discretion of the will because marriage is an act of discretion pollicie and housholdrye euen as the making of a Will Which was the cause why Pope Alexander the third declareth that such as before the age of discretion are married both may and ought by the censure of the Church to be seperated considering they haue not consented if when and after they haue atteined ripenesse of iudgement they doe not ratefie the same or that there haue beene no carnall knowledge betweene them in which case Malice is sayd to supplye age This the sayd Alexander decreed by the authoritie of the Connsaile of Lateran holden in the yeere 1180. in the assembly of 280. Bishops Vrban the third writing to the Bishop of Mans declareth that these constitutions ought to bee obserued yea notwithstanding the two conioyned had done their endeuours to corrupt each others virginitie Innocent the third also doth iudge such a pretended marriage to bee rather a simple promesse to contract in tyme to come then any certaine or firme obligation for the tyme present Vpon which reason also the aforesaid Pope Nicholas expressely forbiddeth the ceremonies institued by the Church as the blessing and others before the age prescribed and ordeined for lawful mariage leasâ— they should be ministred in vaine then could not easely be reuoked This haue not bene obserued in the West church only but also y e Emperours of the East haue caused their Subiects religiously to keepe the same as a matter most holy and Catholicke As wee reade in their nouel CoÌ„stitutions wherein they haue moreouer proroged the tyme of mariage vnto 13. yeeres in the maiden and to 15. in the man expressely decreeing that the blessing giuen before that age in such coniunctions shall bee of no effect or force to make the marriage indissoluble but bee accoumpted as a simple promesse or ciuill couenant Furthermore to proue that the East Churches haue allowed of these constitutions Balsamen Patriarck of Constantinople doth to the same purpose repeate some decrées of Nicholas Patriarck of Constantinople and of Simon Metropolitan of
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
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
by Dagobert if we wil beleeue Floart by Childebert Pepin Charlemaigne Lewes y e Meeke Lothaire as witnesseth their goodly Chapters also by Phillip giuen of God Saint Lewes in his Pragmaticall sanction of the yeere a thousand two hundred sixtie eight Phillip the Faire in his Edict in the yere a thousand three hundred and thirtie Charles the seauenth in the yeere 1453. Charles the nineth in the Estates of Orleans and Henry the 3. now raigning Which also was most learnedly declared to Lewes the eleuenth by two Presidents of Inquestes of the Court of Parliament in a treaty that vnto him they exhibited in the name of all the cōpany Yea wee doe perticulerly finde that the generall Estates of France assembled in the Towne of Tours in y ◠yere 1483. did desire Charles the eight to reforme the Clergie as beeing of his charge authoritie because the Pope had no Iurisdiction ouer the Bishoppes of Fraunce as by an Edict generall it was published in the Parliament vnder Charles the seuenth in the yeere 1407. and is to bee seene in the Registers of the sayd Court Yea that Court hath so farre proceeded as sometimes to decree that the Popes Buls and rescripts giuen out against the libertie of the French Church and Maiestie of our King should be cancelled broken and torne Neither was it lawfull for his holinesse to send any Legate into France except with his Maiesties good will and without preiudice to the rightes of his Crowne as by an Arest of Parliament it was declared in the yeere 1484. After by the same Court haue oftentimes the power of the said Legates sent with the Kings consent bene restrained from al authoritie to enteprize against the rightes of the Crowne of France which limitations and liberties the Popes neuer controuled Sith therefore it is the King that giueth you the Bishoprickes Abbayes and Ecclesiasticall functions that your maners orders and correction depēdeth vpon the royall Maiestie and rightes of his Crowne why wil you not suffer me with S. Ambrose to auowe that he may sell dispose and employe the temporalties of the Church vpon the necessities of his Estate without procuring the lisence of the Pope of Roome alwaies prouided that his Maiestie leaue sufficient for the sustenance of the Priestes and others that haue charge of the deuiue Seruice For you also doe know that whatsoeuer you take more then for the necessitie of your life onely is theft or meere robberie and so termed by the holy decrees founded vpon the expresse commaundement of the Apostle that you should be content with your food and sustenāce and by the Canons you are straightly forbidden not to giue any portion to either kinsman allie or friend whosoeuer And in deede so soone as the Church perceiued that your Predecessors did abuze that too much confidence which the first Christian Emperours had reposed in their pietie touching the distribution of Church goodes which by litle and litle through the conniuence of very zealous Princes who did too much assure them selues of the honestie of Bishops they had recouered she did againe take it from them Also in the fourth Counsaile of Charthage they were forbidden to meddle therewith In the generall Counsaile of Chalcedon holden vnder the Emperour Martian were Stewards established to such purposes who were neither Priestes neither Cleargie men In the seuenth generall Counsaile holdē vnder Iustinian the first the same were renewed and it was decreed that the Archbishops onely should be called to their election whereof Iustinian maketh mention Saint Iohn Chrisostome cryeth out and greatly complaineth that in his tyme the Bishops and Cleargie would needes be the distributers stewardes and husbanders of Church goodes and therfore saith this good father in his 86. Homely vpon Mathew They endeuour as much to rule the Temporall as the Spirituall The Apostles would not distribute that money which they had common among them Our great Law-giuer King Charlemaigne doth expressely forbid them to conuert any to their perticuler profite or otherwise to employe it then vpon the necessitie of the poore It is well enough knowne in what order and to what vse the Church hath decreed the dispensation of the Reuenues thereof Sainct Gregorie reporteth that oftentymes they were wont to deuide it into fower partes whereof one to the Bishop and his small famelie an other to the poore Priests and officers of the Church the third to the rest of the poore and the last was appointed to the reparatiō of the Churches But our Bishops and Abbots doe well enough keepe themselues from proceeding in any such maner for amōg themselues they retaine the assotiation of the Lyon whereof our lawes doe make mention and easily permit the poore Priests and others to part with as much as they list so that themselues be not admitted in the exaction thereof but contrariwise if any Prince for his necessitie would employ any part of their superfluous aboundance they straight spread rumours among the people that the deuill hath carried away one that an other hath bene sene in hell that an others body haue not bene to bee found in his Tombe with a number of such fables wherewith our Christian Histories for these seuen or eight hundred yeeres are poysoned in liewe of quietly obeying the will of their Kings and soueraigne Lordes in whose Cōmonwealths and vnder whose discipline they are bound to liue simply and poorely casting downe their high lookes in all Christian humilitie and obedience taking their parts and portions of the reuenues and Church goods and of that Aulter which they serue at the handes of their Kings yea and onely so much as may suffice for their sustenāce and in liew of yeelding parte to the necessities of their Princes to complaine murmure and arme themselues against them because they would employe it to such vses as their affayres doe require I beseech you therfore my Masters ye Bishops and Prelats of Fraunce whome many good men doe accuse of countenancing the wicked deliberations of Spaniards Italians and Lorraines that seeke to seaze vpon the Crowne against the King and the Princes of his bloud remēber the exāple of Magnulph Bishop of Tholauze repeated by Gregorie of Tours when one Godoald terming himselfe sonne of Clotaire the first and vpholden by Disier and some others the perturbers of the peace of the Realme such as our pretended Mascontents required pertition with Gontran and Childebert the children of the sayd Clotaire For the historie importeth that the sayd Disier and most of his partakers were letted by the exhortation of this good Bishop who vsed this oratiō to the people Wee knowe Gontran and his neuewe to bee the children of our Kings but for Godoald we wot not what he is nor from whence Prepare ye therfore ye Frenchmen and if Disier would force you to doe this iniurie to your Kings defend your selues let him perish as Sigulphus that he may bee
not long before we doe not finde in any Historie that the Kings of France were euer annointed or consecrated but onely simply crowned as Gregorie of Tours maketh mention in his historie whereby it appeareth that none of our Kings of the first famely did euer obserue this ceremonie The first then that vsed it was Pepin father to Charlemaigne whome Boniface Archbishoppe of Mentz did consecrate annoint and crowne by the commaundement of Pope Zachary of Rome that in my opinion because he was the first of his race who of a priuate and perticuler person was established King against the Merouingiens After his decease Pope Stephen the second did the like to Charles sonne to the sayd Pepin when he was King of France whom also Pope Adrian againe consecrated annoynted and crowned when he was declared King of the Lombards and finally Pope Leo the third did the like to him with the Imperiall Diadem And this ceremonie haue euer since bene obserued by our Kings of France not that thereby they bee Kings but to the ende it may seeme as a testimonie that they are Christians and Catholickes and of priuate persons are become Kings to commaund the people So that in consideration hereof the first French Emperours Lewes the Meeke Lothaire Lewes the second and the rest who being by natural succession Kings were promoted to the Empire did not vse to take the title of Emperor at the day of their consecration or coronation but at such time as their father or former predecessor thought good to nominate them for their successors from which they began to number the yeeres of their Empire nothing respecting the ceremonie or solēnitie of their Coronation as appeareth by many the auncient Charters and documents of their daies Yea the Histories doe note that Charles the Fat yongest sonne to Lewes the Meek was the first that in his yeeres made mention of the day of his Coronation and tooke not vpō him the title of Augustus vntill the 8. Calendes of Ianuary ensuing in the yere 866. on which day Pope Iohn the 8. anointed and crowned him which in subteltie he thought good to note as one that obteyned not the Empire by succession for Lewes the second his neuewe last deceased had not named nor instituted hym his heire much lesse had any chosen him but the histories doe affirme that hee for a great summe of money bought the Imperial dignitie of the Pope because there were other more fitter for it then he that layd clayme thereto as his elder brother Lewes and his children Kings of Germany so that Charles fearing least as reason and iustice required they should be preferred before him thought good to aduance himselfe and to get the Pope to consecrate him To conclude therfore it is most certaine that this ceremonie doth make nothing to the right of the Kings lawful succession neither is any more then a simple token of honor in his behalfe whom nature and vsuall order hath caused to be borne or suffered to bee elected to rule and gouerne the Estate so that to weene to perswade that he that is borne to be your lawful King by the Lawes of the Realme hath no authoritie ouer you before he be consecrated annointed and crowned is a meere fallation 13 It followeth sith I haue proued vnto you that in this cace the sayde King of Nauarre whom the deepe dissemblers dare not openly in their Libelles denye to be the nearest of the bloud should be your natural true and lawfull King let vs agree together that it were meere wrong for you to withstand or resist him I say further that in this Realme there is neither lawe nor order that debarreth him from lawfull raigne and the Crowne notwithstāding he would remaine in his now professed Religion But contrariwise that such as are of and doe professe the same are declared meete and capable of all kindes of succession by infinite the Edicts Decrees and declarations of our Kings published enrouled and dayly put in execution by the Arrestes of the soueraigne Courtes and other Magistrates who vnder his Maiesties authoritie doe minister Iustice in this Estate whose common crye tendeth to obliuion and perpetuall forgetting of the passed miseries and troubles As also in trueth it is more then a Catholicke passion to compare the Huguenot with a Iewe or Turke For besides that our Kings doe auctorize and permit the one and not the other in trueth and without affection for my selfe am a Catholick and in the same faith doe wish to dye we all doe agree in our faith so as there remaineth no more but to decide for the most part of controuersie the institution of outwarde ceremonies which either the tyme or the necessitie of the peoples instruction haue procured to bee brought into y e Church be not conteined or authorized in the holy Scripture Sith therfore wee doe agree that in the first times the Christians did liue and serue GOD without them we can not now lesse doe then heare the reasons of those that craue abolition before we condemne or pronounce them Heretikes least the condemnation goe before the proofe and so they haue greater cause to complaine as already they doe that wee haue iudged them vnheard and haue ended their Proces vpon defaultes and contumacie Wherefore the◠protest they are ready to pourge themselues if we would graunt them free accesse into the assembly of the church and not stand vpon the pointes of not receiuing them groūded vpon the long time that wee haue bene in possession of the obseruing of these traditiōs from hand to hand receiued by the cōsent and common agreement of the Church because if we had no other argument wee should not be able to deny but that our fathers whē they brought them in were men and therefore subiect to humaine frailtie as in many other things experience may teach vs. I will content my selfe with one onely example to our purpose Virgill Bishop of Saltzbourg in a Sermon about the yeere of our Lorde 755. saying that there were Antipodes in y e world was for the same by Boniface Archbishop of Ments accused of Heresie because by inducing the Antipodes it seemed he would also bring in an other Christ This matter was debated before Vtilo King of Bauiere who at the commaundement of Zachary denounced the sayd Virgilius to bee one of the most abhominable Heretikes that euer was So great was the obstinacie of the knowledge conceaued in this age of the Antipodes or Arteques and yet since it hath bene verefied for trueth This neuerthelesse I doe not alledge to the ende to reproue the institution of the ceremonies of the Church with which I doe dayly serue GOD especially knowing that in alteration of Lawes aud Orders necessity must be very apparent in the correction of matters long before allowed but onely to admonish all men that in as much as they are men it is no meruaile though some will be inquisitiue whether the authors
that Religion which with vniforme consent haue so many hundred yeres bene receiued in the Church especially considering that himself could not abide to haue his owne brought into bondage Moreouer with you ye trompets of sedition I doe agrée that then he should be no more able then now that such as would perswade him that the third part of the French are Huguenots are no good Arithmeticians also that for our preseruation in that estate wherein we now liue we neede no more but to set against him our walles I would therefore aske you what cause you should haue to feare that he would endeuour to force you to liue in any other Religion thē the same wherein he find you and your selues doe desire when in so doing he may happen to haue but euill successe and therewithall lose the loue of the whole worlde were not this as much as according to the Prouerbe to goe about to shaue an Egge 16 As also the obiection that they make namely that in the lands of Bearne and low Nauarre where he is soueraigne the Catholick Apostolick Romish Religion is not permitted is in trueth full of subteltie slaunder and enuie for hereunto he doth pertinently in my opinion aunswere that in respect of the land of Bearne it was not he that forbad it neither are his aduersaries able to proue any inhibition thereof in his name or frō him but contrariwise he assureth himselfe that it will appeare that immediatly or soone after the decease of the late Queene of Nauarre his mother his Maiestie by the Lord of Grāmont dispatched his Letters into the country of Bearne importing that his will was to restore and therein to set vp againe the exercize of the sayd Religion Vpon which commandement the States being assembled they denyed to put the same in executiō fearing such troubles and seditions as might ensue the people beeing haughtie mutinous and difficult enough to bee contented together with such small store of Catholickes in the sayde Countrey to prosecute the execution thereof if need should require What would you then haue him to doe more He did not the harme but wēt about to cure it there was none that desired to take his medicine What more can the Phisition doe to his Patient but prepare him the potion which may bee to his health and for want of the which if he lose himself is he not rather to blame his owne obstinacie then him that could not make him take his appointmēt For since that time the Estates beeing diuers tymes assembled in the sayde Countrey did nener require his Maiestie to restore the sayd Catholick Romish Religion which alwaies hee offered to doe and still so long as he liue wil if they doe require it As for lowe Nauarre the exercize of Catholicke Religion is there most free yea which is more throughout that Countrey there is no assembly of the pretended reformed Religiō but onely in two places as is most euidently knowne neither hath his Maiestie innouated any thing at his cōming throughout the sayd lands of Bearne or Nauarre But what is it meete for these feares and friuolous doubtes of a matter that neuer can come to passe to destroye this poore Realme with immortall warres and so make vs miserable before the tyme crye out before we be touched and to hasten and aduaunce the sorowes of our pretended mischiefes will you begin to crucifie and tye vs to a Caucasus for our whole life tyme or will you force vs here to begin our hell Is not the King thankes bee to God yong enough in good health and of sufficient dispositiō to see the raking both of the King of Nauarre and of the rest of the Princes of his age why thē should we mistrust the grace of God 17 As for the Protestation that the sayde Lord King of Nauarre made the yere 1584. in a Synode by the Ministers of his Religiō holden in the Towne of Montauban wherby he protested and declared that he would liue and dye therein and defend the same I wot not well why wee are so slye as for that cause to blame him or bee more vehement against him then before as in deede a number of persons too much ouerruled with vnreasonable passions haue misliked it and haue thervpon gathered some sinister iudgement of the affection of the sayd Lord King of Nauarre to the Catholickes whome most hartely I beseech with me to consider First that his protestation imported not the rooting of vs out neither together with vs the Religion of the Romish Church as the League doth him and his partakers so that his protestation is simply defensiue and could not therefore be more gentle for the which wee are rather to commend then to reproue him sith our selues are bound daily to make the like profession in the Catholicke Apostolicke Romish Church also that euery faithfull Christian is likewise bound by the Sacrament of Baptisme to make the like declaration especially Kings and Princes who ought to be mirors spectakles to their subiects yea the confession of their faith should serue for a publick example in the assemblies made for the Estate of the Church such as are y e Counsailes Sinodes and other like wherein it hath euermore bene noted that Emperours Kings and Princes thereat assistant did make profession of their faithes with protestation to defend the same Hereof wee haue for testimonie Constantine the Great in the Counsaile of Nice Theodose the Yonger in the Counsaile of Ephesus Martian in the Counsaile of Calcedon Iustinian the first in the Counsaile of Constantinople Charlemaigne in the Counsaile of Francfort with infinite other Christian and Catholicke Princes Sith therefore the King of Nauarre hath bene brought vp in that Religion which he holdeth and that the King by his Edicts permitteth the free exercize thereof throughout his Realme why should wee mislike that hee assisting at an assembly thereof protesteth to liue and dye in the defence of the same especially seing that it is no let but that when by a lawfull Counsaile either generall or nationall which the King and his Counsaile shall thincke most sufficient for that purpose we shall haue perswaded him not to bee caried awaye without reason hee may immediatly returne and protest that hee hath bene misled and that hee weareth not the sworde but for the defence of the Romish Church as now hee voweth the vpholding of his owne Moreouer I would that such as are offended at the sayd Protestation should know that the occasion that moued the sayd Lorde King of Nauarre to bee present at the sayd assembly at Montauban was not small neither of small importance to the reputation of him and his Estate for it is not vnknowne to all that his enemies had raised a speech aswell among al forraine Nations and throughout Europe as also perticulerly in this Realme that the sayde Lorde King of Nauarre had put from about his person the Ministers of his Religion that hee went to Masse to be
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
theÌ„ due together with that which was assessed vpon the heads of euery of his Apostles euermore referring the reward of his grace reuenge of trespasses against him committed vnto the kingdome of heauen enioining his Apostles to doe the like and to imitate his example as they haue done The Apostle Sainct Paule sayd Let no man that fighteth in the Lordes warfare trouble himselfe with the matters of this life Againe The minister of the Lorde ought to be louing to all men meet to teach paciently bearing with the wicked with modestie reprouing such as withstaÌ„d the trueth Briefly in one word to say all there be two kinds of Iurisdictions the one earthly coÌ„mitted into the hands of Kings and Princes to whome euery one of whatsoeuer degree or calling Spirituall or Temporall Priestes Bishops or high Priestes ought to obey as it is written Let euery soule bee subiect to the superiour powers vpon which place Chrisostome sayth the Apostle vsed this word euery to shew that there is no creature that may be exempt whether he be saith he Apostle Prophete Euangelist Priest Monk or other whosoeuer We also finde that in the Primetiue Church before pride Ambition tooke roote in the Bisshops hartes that the Popes of Rome neuer made any question thereof Wee haue also amoug vs a request exhibited by Boniface the first to Honorius Emperour of the West wherein hee beseecheth him to decree that afterwarde the Bishops and Popes of Rome might not bee chosen by fauour or any other vnlawfull meane whereto the same most Catholike Prince maketh an aunswere worthie such a request In the time of Odoacer King of the Herules who began to raigne at Rome in the yeere 471. and ruled full 14. yeres after hee had put to death Orestes and his Sonne Augustulus the last Emperour of the West vntill Charlemagne there were goodly decrees published and receiued in the Church by the Clergie vntill such tyme as Theodoricke the Wisigot whome Zeno the Emperour of the Eeast sent into Italy had ouerthrowen hym Pelagius the first made confession of his faith and sware in the hands of Ruffin the Embassadour of of Childebert King of France Pope Leo the fourth sware and protested that he would and did intend to obserue the Lawes which the Emperour Lothair the first sonne to Lewes the Meek and Neuew to Charlemagne made at Rome in the presence of Pope Eugenius the second whereof some are inserted into the Booke of Digestes the inscription whereof do import that the Emperour made them ante ianuas beati petri ad limina in atrio which was the place where the Christian Emperours were wont to make and publish their Edicts if we maye beleeue Cassiodore and others The said Emperour also created certaine Magistrates in the Towne to exercize the imperiall Iurisdiction The same Leo doth sufficiently declare what respect the high Priests of Rome did in those daies beare to the Emperours when he sued to the same Lothaire and his sonne Lewes the second to conferre the Church of Rheatine or Tusculum to one Colonus a Deacon assuring their Maiesties of his sufficiency and promising in the name of the sayde Colonus that he should praye to God for them This was the same Leo that pleaded his cause and purged himselfe of the treazon whereof hee was accused before the Emperour Lewes the seconde sonne to the sayd Lothaire as appeareth in the decree of Gratian. The like declaration did Pope Iohn the eight make to the same Emperour Lewes the second sonne to Lothaire By the decretall Epistle of Honorius the third who liued about the yeere 1216. it appeareth that as yet the remembraunce of the Emperours lawes was not vtterly abolished out of the Catholick Church and that the Priestes and high Priestes had not as yet wholy shaken of the yoke of y â— same no not in those that they terme Spirituall causes as if any question were moued of an oath in law for the decision of proces in which cace he reneweth the auncient edict of Martian and IustiniaÌ„ the first To coÌ„clude for the stopping of the mouthes of those that doe maintaine that the Pope Bishops or other of the Cleargie may establish any earthly Kingdome apart which shal not bee subiect to the Emperours and Kings of this world but rather such a one as may at pleasure commaunde and supplant the same let them dilligently search throughout the whole Scripture what authoritie the Kings and Princes of Israel had ouâ—r the Priestes and Cleargie in Gods lawe which since the tyme of grace is not deminished and there shall they euidently finde their great authoritie ouer them notwithstanding it was neuer lawfull for the Kings to execute the office of the Priestes for vndoubtedly the ministerie is one thing and the orders discipline of the Cleargie is an other and meerely temporall The other head of Iurisdiction is in heaueÌ„ which we are to looke for at the iudgement of GOD and yet not to perswade our selues that the lawe of Iesus Christ is lame or vnperfect because in it it conteineth not any punishment or earthly reuenge of trespasses against euill liuers considering that the same beeing heauenly and spirituall it will yeeld reward or punishment in the euerlasting world so that as sayd Alexander Seuerus of periury Whosoeuer offendeth against God hath God a sufficient reuenger our good God hath referred to himselfe all the punishment to the end the sinner may haue meanes to acknowledge his offence and repent the same in this world True it is that if y e earthly Magistrate hath in his pollicie taken any order for such causes then is it his office to reuenge the iniurie done to his edicts and decrees for so as saith Isidore The Kingdome of God encreaseth through the meanes of earthly Realmes to the ende such as be of the body of the Church if they offende or blaspheme may be punished by the rigor of Princes and so that discipline whereto the Church can not binde them may neuerthelesse bee preserued through the authoritie of Monarchies The like wherof haue bene vsed against heretickes by all Christian Princes especially in our France by an infinite number of lawes both olde and newe of our most Christian Kings And in troth if the Bishops or Priestes should take notice of the punishmeÌ„t of hereticks it would breede confusion of Iurisdictions and offices aswell might the Goldsmith be iudge of the golde that himselfe had wrought The Phisition of his owne cure to bee briefe euery one should pleade and decide his owne cause contrary to al reasonable order The example also of the Apostle Sainct Paule whome the Iewes accused of heresie doth sufficiently teach vs when by himself it appeareth that he was brought before Festus the Emperours Lieutenant vnto whom the accused did confesse that y â— notice of his cause did apperteine and therefore required
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
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
prouoked vnder pretence of the sayd interdiction did him some displeasure Howbeit so soone as hee seemed willing to mend his maners toward the English natioÌ„ they fell at his feete and expulsed Lewes of Fraunce whom they had subrogated in his place so soone as the sayd Iohn was dead admitted his sonne Henry King Henry the eight of the same Ile was very faithfully obeyed by his subiects after that Pope Paule the third had excommunicated interdicted aggrauated and reaggrauated the curse against him wherby some were somewhat shaken froÌ„ his obedieÌ„ce Suâ—noo King of Denmarke about the yeere of our Lord 850. was iustly excoÌ„municated by y â— Bishop of Roscholech for becomming an Apostata and procuring to slay sundry of the Princes of his blood in the Church founded in the name of the holy Trinitie in the same Towne of Rhoscholech the entry into which Church this Bishop forbad him together with the communioÌ„ of the faithfull but he did not neuerthelesse depriue him of his Crowne neither did his subiects refuse him their faithfull seruice although Canutus and Wademarus two of his chiefest fauorites and priuy Counsailors who sought to share the Realme with Suercherus King of Sueden did thereto suborne them Brigerus King of Sueden who raigned about the yere 1300. was one of the most wicked and cruell Kings that could be especially against the Church and Churchmen but chiefly against Nicholas Archbishop of Vpsale whom together with the rest of his Bishops he committed to prison wherevpon they excommunicated him and Turgillus Canutus his Lieutenant general and author of his behauiours neuerthelesse the people though therby stirred vp against their King and hauing greater opportunitie to rebel and shake of the yoke of his obedience vnder the conduct of Wademarus and Henry his brothers who sought no better occasion to put out their brother would neuer hearken to theÌ„ neither hinder or become cruell to their naturall Lord so as the two brothers were forced to employe their other friendes for the executing of their inteÌ„ts against Brigerus whom when they had taken prisoner they were neuerthelesse compelled to force al the townes neither found they any one that would yeeld to them so greatly did the Subiectes of the Realme accoumpt themselues bound to the seruice of their King whom they knew to be wicked excommunicate and an euill liuer besides a prisoner and captiue in the power of his brethren whom in the ende they forced to set him at libertie to submit themselues to his obedience Of such force is the bond of good people to their King whatsoeuer he be In Poland Bolesâ—aus a Prince of most wicked life a commoÌ„ adulterer an enemie to the Church and Cleargie after Stanisâ—aus Bishop of Cracouy had often admonished him to amend was by him at length excommunicated whereat the King being offended did put the sayd Bishop to death for which cause Pope Gregory the seuenth did confirme and aggrauate the sayd excommunication with a generall interdiction against the Realme about the yeere 1079. yet did he still raigne by the consent and with the obedience of the Polonians ouer whom he ruled a whole yere and more vntill in his iourney to Ladislaus King of Hungary hee flewe himselfe peraduenture through the iust iudgement of God The Emperour Sigismund and his faction could neuer winne the Bohemians from the due affection that they ought to his brother Winceslaus their naturall King though vicious wicked filthy for the which offences through the practises of the said Sigismund he was often emprisoned and excommunicated by the Bishops of that couÌ„trey yea by the Electors deposed from the Empire so as in the ende he dyed in Boheme still taking the place order and qualitie Royall through the goodwill of his Subiects who deemed that the same could not perticulerly conteyne any dispensation to discharge the subiects therof of the oath and faith that to him they ought as also they may not be discharged froÌ„ his bondage but onely by death or his owne liberall cession which he would make to an other as did Albert King of Sueden about the yeere 1388. beeing prisoner to Margaret Queene of Denmark and Norway to whom he yeelded whatsoeuer his right to the Crowne of Gothland and Sueden whereby the States of the countrey sware their faith and homage to the sayde Margaret and after they had secretly enquired of their King sundry times solemnly desired him to shew them his mind or els to discharge them of the duetie wherein they stood bound to him although vndoubtedly the Suedens had great cause to seeke his mishap for all Histories doe agree that neuer Prince committed so many outrages and wrought so many iniuries to his subiects as had this Albert. It therefore remaineth that by the lawe of Nations the inuiolable keeping of the obligation that the subiectes doe owe to their naturall Prince and not to depart therefro at the appetite or sentence of others haue euen among the most barbarous people bene euermore obserued so as wee ought in respect of the bonde that wee owe him say of the King and his bloud as of Matrimonie whom God hath ioyned together let no man put a sunder 22 But let vs more perticulerly learne whether the sentence of excommunication were lawfully vppon reasonable cause and exemplary occasion pronounced against a King and done by the iudgements of many Popes of Roome within these fiue hundred yeeres against such Kings and Emperours to whoÌ„ they haue borne bad minds Although I thinke it not meete to ground any lawe vpon the examples of these men in troth full fraught with ambition more then humaine affection but it is requisite to examine this question by the rules of Gods lawe and politicke reason established for the preseruation of the societie of mankinde Herein therefore I say y t the sentence of excoÌ„municatioÌ„ denouÌ„ced against a King how iust soeuer the cause bee and conteyneth dispensation for the oath and duetie that the subiects do owe vnto him this licence and tolleration vnto the people graunted is repugnant to the lawe of God and all mans reason For sith the subiects are by Gods commandement bound to obeye their Princes whatsoeuer without any further enquirie of their consciences and behauiours they cannot by any tradition or permission of man either generall or perticuler be dispensed with because no man can enterprize vpon Gods ordenances and euery dispensation so graunted is voyde as beeing repugnant to the deuine prouidence As Pope Leo and Vrban haue very wisely confessed Especially sith this dispensation cannot bee put in execution without great sclaunder and shedding of bloud by reason of such warres and quarels as will be raysed through the rebellion of the Subiects against their Prince their Kings resistance not onely in respect of his conscience but also for his Estate and the defence of his Crowne In such necessities therefore Pope Gelasius teacheth vs that we are especially
strayed and hether to bene misâ—ed In the meane tyme and wayting for the sayd lawfull Counsaile neither y e French King neither his Courtes of Parliament would euer in this Realm publish the decrées of the assembly of Trent neither doe any other receiue them then the Cleargie who are the suppostes of the Popes Monarchy But contrariwise the late King Henry the second sent Embassadours expressely to withstande the sayd pretended Counsaile also to declare that he ment not in any wise to allowe thereof as in â—rueth it cannot be admitted without infringing the rightes and authorities of the King of France the auncient decrees ordeyned in the generall Estates of the Realme vnder the forme of a pragmaticall sanction and the most holie liberties of the French Church whereby the Maiestie of this florishing Crowne is preserued 25 Neither is it any newe matter to say in Fraunce that the King and his French Church will not receiue the same Counsaile because our Kings haue euermore vpholden and preserued aboue al other the libertie and franchize of their Church and neuer bound themselues to the Popes coÌ„stitutions or late Counsayles no further then the same were conformable to the decrees of the vniuersall Church nothing derogatorie to the rightes of their Crowne For proof therof we know that the generall Counsaile of Vienna was neuer wholy receiued in this Realm In that of Constance the libertie franchizes and priuiledges of the French Church were admitted according to the declaration exhibited by the Embassadours of the most ChristiaÌ„ Maiestie As for that of Bâ—sill King Charles the seuenth would not permit his subiects to appeare at the conclusion of the same after the which at Bourges he asseÌ„bled al his Church by whom the decrees of the same Counsaile were perused and onely parte of them accepted with such qualifications as were thought meete to that effect whereupon was formed the Pragmaticall sanction soone after published in the Parliament wherein these words are often repeated Item our Synode accepteth the decree following thereby to shewe that in France we are not bound to the Popes ordenances constitutions or decrees neither to the assembly summoned by his authoritie which he calleth a Counsaile And now may we truely say that neuer was there any holdeÌ„ that was more preiudiciall or of greater misprision against the dignitie of this Crowne for if we search narrowly into it we shal finde that a great parte of the decrees thereof doe dyametrally oppose them selues against the libertie of our Churches and the Maiestie of the most Christian King against whom they were deuised 1. First concerning the doubt in this assembly made for the place and first degree of honor which haue belonged to him aboue all Christian Kings for these 1000. yeeres so that his Maiestie allowing of this pretended Counsaile should confesse a matter very preiudicial vnto him because as saith Balde he weareth y â— Crowne of libertie and glory Secondly as for reformation of the maners pollicie and Ecclesiasticall discipline which euermore hath bene one of the fayrest flowers of his Crowne who so shall reade the sessions of the sayde Counsayle of Trent shall finde that thereby the same is quite lost extinguished and transferred to the Pope of Rome for the fourth and seuenth decree of the seuenth session doe import that in the election and making of Bishoppes and Priestes the consent of the people and authoritie of y e Magistrate are not necessary which is quite contrary to Gods lawe the obseruation of the Primitiue Church the auncient Canons the ordinances of Charlemaign and Lewes the Meeke and more perticulerly to the determination of the three Estates of this Realme holden at Orleans in the yere 1360 and confirmed in the Court of Parliament where it was decréed that together with those of the Cleargie there should bee 12. Gentlemen for the Nobilitie and 12. Burgeses who should be chosen out of the towne house and should represent the third Estate Also in the second part of the same session the sayd Counsayle attributeth to the Prelates the notice of the reuenues and buildings of the Churches contrary to the auncient Edicts of our Kings namely against the ordenance of King Charles the 6. who in the yere 1385 ordeyned that the Iurisdiction of the buildings should apperteyne to the Iudges royall In the same session the Counsaile permitteth the Bishops to cut off parte of the reuenues of the Hospitalles whereby to make themselues fatter then they are thereby manifestly encroching vpon the authoritie of the King and his high Amner and against many decrees both old and newe of King Frances the first and Charles the nineth An other abuse and notorious enterprize against this Crowne consisteth in that the said Counsaile permitteth and decreeth monitions and excommunications not onely to the ende of reuelation but also for the recouerie of things lost against an infinite number of arestes of the soueraigne Court of this Realme whereby the same haue bene condemned and declared to be abusiue It permitteth them to condemne the Lay fee in fines of money in seazure apprehension and execution of their bodies and goodes aswell by the Bishops officers as their officialles notwithstanding in France thei neuer had that authoritie no not ouer the Cleargie and therefore it is meere encrochment vpon the seculer power It inhibiteth the Magistrate to forbid the Ecclesiasticall Iudge to excommunicate any person either to commaunde him to reuoke his excommunication although the Clergie doe but ouermuch abuse the same It reuoketh the decree of Phillip the Faire concerning combats receiued and enrowled in the Parliament and thereof depriueth Kings Princes Dukes Marquizes and all other of their Iurisdictions which is an intollerable abuse as wee haue aforesayd It admitteth promotion to the order of Priesthoode to Curates other Ecclesiasticall functions at 25. yeres although in y â— decree of the States of France before published the age of 30. yeeres was required It permitteth profession at 16. yeeres accomplished and therein correcteth the decree of the sayd States which limited the man at 25. and the woman at 20. It returneth the prouision of Bishops Prelates to the Pope contrary to the auncient ordenances of Charlemaigne and his children and contrary to whatsoeuer is conteyned in the Pragmatical sanction of Sainct Lewes inserted into the stile of Parliament yea and contrary to the defence made at the sayde Estates of Orleans It permitteth Bishops and Archbishoppes by their Viccars to visite their Dioces contrary to that is conteined in the arrest of the sayd Estates It permitteth the Pope to vnite simple Benefices to the Bishopricks contrary to that which was decreed in the Counsailes of Constance Basill and contrary to many the arrestes of the Courts of Parliament of this Realme wherby the same vnions ought to bee made vpon the selfe place By the same Counsaile y e tollerations at the Kings request graunted to y â— Court of ParliameÌ„t to some
Colledges and Vniuersities of this Realmes are abrogated as are also the conseruators Ecclesiasticall of the Vniuersities together with the priuiledged of this Crowne It forbiddeth such as haue made vowe of Religion in any wise to dispose of their gotten goodes whether moueable or immoueable contrary to the ordinance of the States of Orleans conformably with the decree of the Counsaile of Mogonce holden in y e time of Charlemaign It permitteth the begging Fryers to enioye and possesse rents landes reuenues and immoueable goodes contrary to the Counsaile of Vienna holden in the yeere of 1310. and infinite auncient arrestes of the Court It taketh from the King the nomination in Couents and Monasteries reguler which to him apperteyneth also the Triennalitie of Abbesses and Prioresses appointed by the sayde Estates It permitteth Munckes to meete and hold congregations and Chapters generall which in an Estate is perilous and daungerous and a matter whereby they bee accustomed to withdrawe themselues from vnder the authoritie and power of the King and all other temporall Magistrates in respect whereof also such assemblies haue by the arrest of the Court bene many tymes declared abusiue It giueth the Bishop authoritie to institute newe Feastes which haue bene reproued by many arrestes of Parliament namely by the prouinciall Counsayle holden at Sens in the yeere 1527. It encrocheth Lay patronages if the patrones by authenticall writings proue not the presentations continued and hauing taken effect 50. yeeres together and reiecteth al other kinde of proofe It giueth to the Ecclesiasticall Iudge notice of the right and possession of the sayd patronages obteyned by foundation donation or construction within these fortie yeeres which is a great intrusion vpon the King and his Magistrates It erecteth a newe kind of Iudges delegate whom it calleth Apostolick and authorizeth the Bishops to choose them euery one in his owne Dioces without the Kings knowledge or authoritie which are so many creatures not subiect to that Maiestie where-vnder they liue It declareth the Pope to be aboue him and forbiddeth Bishops to humble and submit themselues to Kings and Lordes It commaundeth all Clergie hauing of right and custome voyce in the prouincial Counsaile to receiue this preteÌ„ded Counsaile to sweare obedience to the Pope and thereof to make publicke profession It enioyneth Vniuersities not to teach any thing but what shalbe conformable to the decrees of the sayde Counsaile and to take solemne and yeerely oathes to his holinesse It commaundeth all Lordes Princes to keepe the sayd Canons renewing the auncient vsurpatorie Decretals of Boniface the eight and others heretofore abrogated in Fraunce as well by Edicts and ordenances Royall as by the arrestes of the Courtes of Parliament and great Counsaile By the sayd Counsaile the causes of our French Bishops are drawne to the Court of Rome and Popes Consistorie contrary to the dignitie of the royall Maiestie and the auncient Canons of the vniuersall Church whereby the criminall causes of Bishops yea in cace the same concerned their depriuation or discharging did belong to the Bishops of the Countrey or Synodes prouinciall and not to the Pope as by many the arrestes of the Court concurring with the generall Counsailes of Constantinople and Carthage it doth appeare besides that herein the sayd Counsaile greatly derogateth froÌ„ the Kings soueraigntie and Iurisdiction that euermore he hath had ouer the Bishops of his Realm witnesse the examples of Giles Bishop of Rheims of Pretextatus Bishop of RoaÌ„ of Didier Archbishop of Vienna and many others of whom Gregory of Tours Aimoinus Ado Vincent the Historiall doe make mention In brief to vse few words this pretended Counsaile taketh away the most auncient liberties of our Church so to make a Proppe to the Popes abuâ—ions It also dissolueth reuoketh and maketh voyde Mariages not contracted in the face of the Romish Church wherein consisteth the Seede of a million of troubles Ouarels Processes and strifes in infinite families of this realme which vnder the authoritie of the King with his good liking and vnder the protection of his Edicts of pacification haue contracted Matrimony and begotten Children who thereby should be declared illegitimate depriued of their Parents Successions and their â—Wues denounced Concubines Harlots to their true Housbands contrarie to all equitie which in summe is as much as to bend themselues against God to erect in other mens Realmes assemblies of people not subiect to the same to bring into the Church a greater deformation and to make the King of Fraunce his Serieant or executioner of his commaundements yea such a one as should haue no authoritie to order his Realme So that those which now so earnestly doe prosecute that publication of the sayd Counsaile shall neuer perswade mee that they are French men but rather that they shewe them selues Solliciters of the Popes affayres and dignitie rather his Seruants theÌ„ their Kings and soueraigne lords Thus doe you seee howe by the aduice and iudgement of the honestest greatest French Catholikes liuing vnder the traditions of the Romish Church this Counsaile of Trent may not be accompted other then a notorious conspiracie and coniuration against the authoritie and dignitie of this Crowne aud of the Subiectes thereof of whatsoeuer calling that shall find them selues offended and therfore we should greatly iniury any one of ours of whatsoeuer estate in calling him Heretick for not obeying submitting him selfe or consenting against his Countrey to the malicious conspiracies of the Pope and straungers that doe enuie the greatnesse of this Estate Especially the King of Nauarre whome the matter chiefliest doth concerne should haue greatest cause to be agrieued in respect that at this day he hath the Honor to be the principall branch of the Royall tree of France and so consequently more neerely bound then any other to preserue and mainteyne the rightes liberties and dignities of this glorious and redoubtable Monarchie 56 Moreouer the sayd Lord King of Nauarre demaundeth of you by vertue of what doe you esteeme hym an Heretick and obstinat parson For it is certaine that he onely may be tearmed an Heretick who vpholdeth a false doctrine contrary to the holy Scriptures of the ould and newe Testament beleeuing amisse in any one of the Articles of our faith as did y e Manicheans Nestorians Sabellians Arrians and their like Now to say trueth they would perswade vs that the opinion houlden by the saide Lorde King of Nauarre was monstrous we haue bene hallowed after them like Dogges wee haue bene forbidden their company as of infidels and miscreants I beseech you therefore let vs carefully looke into the confession of their faith and we shall find them Christians such as agree with vs in the articles of our belief doe worship the same God seeking saluation in the same Iesus Christ Chrildren of the same father beleeuing the same Bible assuring them selues in the same Gospell as in the same Buckler of their faith requiring part in the same inheritance and in vertue of
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
from whom your predecessors the Kings of Nauarre are discended was wont viz. Pro lege grege setting forth in your actions as many desires of peace clemencie fatth honestie and Christian piette as they doe of violence bitternesse and perfidie being banded against the Iustice of God The ende of the second Booke ⧠THE CONTENTS OF THE THIRD part of this Booke 1. The grauitie of Treason For what causes a Prince of the bloud may bee declared vncapable of the Crowne Abuse of the crime of treason The malice supposition of the leagued against those of the pretended reformed religion 2. A true exposition of the crime of treason The King neuer suspected the K. of Nauarre of treason An infallible argument of the King of Nauarres pietie 3. The house of Nauarre disceÌ„ded of the house of France The Originall of the K. of Nauarres grandfathers by both father and mother 4. The Capetz and Carliens come of the same stocke as Clouis and the Merouingiens 5. The Capetz and Carliens are of one famely The originall processe and genealogie of the Capets THE THIRD PART OF the Cath. Apologie THE third obiection that the seditious doe in their Libells disperse against the K. of Nauarre importeth him to be a rebel a traitor and a protector of Conspirators against the King and therefore an ennemy to the state and common wealth wherein hee is for those causes vnworthy to commaund 1 This obiection is not so small but that being well considered as it ought the grauitie of the offence will surpasse the discourse of our sences and vnderstandings For for that onely offence came death into the world and Adam was banished Paradise Also by humaine pollicy offenders therein being thereof conuâ—et and adiudged are vnworthy all successions especially in Empires Kingdomes or other dominions although the same should fall to them by the right of natural succession as doe ours For in this cace if the neerest of the bloud Royall should be found vnthanckefull and guilty not only against the King his Lord but also against the Estate common-wealth and Maiestie of the Crowne hee and his posteritie may be attaint conuict and adiudged for euer vnworthy the succession that nature and bloud had gotten him So was it iudged by a Court of Peers of France in the yere 1457. against Iohn the second Duke of Alencon in the presence of King Charles the seauenth in the towne of Vendosme notwithstanding the sayde Sentence was afterward abolished and the iudgement made void by Letters of restitution from King Lewes the eleueÌ„th entred published and registred in the Court of Parliament the Chambers assembled by the consent of the Kings Attorney generall Wherefore I can not with silence ouer skip such an accusation against the person of the sayd Lord King of Nauarre considering also the enormitie of such a scander against the sayde Prince who neuer had his owne life so deere or in such recommendation as the seruice honor and wealth of the Maiestie of our Kings and this Crowne as being the man whome it neerest concerneth and who hath greatest interest of all worldly parsons in the preseruation of this Estate as hauing the honor to looke so neere thereto But surely by this detestable and sclanderous discourse I see the miserie and calamitie of our France wherein withiâ— these 25. yeeres during the minority of our kings the mutinous seedes of quarels haue made at their pleasures forged Articles heads of Rebellion and crimes of Treason as they haue thought good y t therein as Tacitus said of y e Empire of Tiberius might be the perfection of all accusations imitating the continuall euill doings of Princes Counsailers vnder the pretence of their Maiesties seruice For it is found y t in the tyme of the said Tiberius this crime was comprehended vnder friuilous occasions as if any man had in selling of his land sould therwith the Image of Augustus or if hee had erected his owne Picture higher then the Emperors either had employed the same in any Domesticall vsage Nero put to death Cassius one of the most excellent men of his time vnder such a pretence and because hee bare the Picture of Cassius one of the murderers of Cesar in his Armes Caracalla so farre extended this crime that eueÌ„ those were accused who had made their Vrine in any place where the picture of the Prince was erected and this licence extended so farre that it was offence to the Maiestie to beate a slaue or chaunge aparell before the picture of the Emperour either to carie the same into any shamelesse or foule place veluti si latrinae aut lupanari intulisset To be brief in those daies the crime of treazon was defined in the closet and secrete will of the Monarke or his flatterers as Iuuenall testifieth Nil horuÌ„ verbosa grandis epistola venit A Capreis bene habet nil plus interrogo The like haue bene done in our miserable Realme when the conspired enemies of the Princes of the bloud Royall did gouerne the affayres of Estate vnder Frances the second and had afterward got holde of the person of King Charles the nineth whom they nourished in wonderfull and daungerous mistrust of his subiects whereof are proceeded so many murders massacres troubles and ciuill warres which wee haue seene and too much felt to the ruine of the subiects of this poore Fraunce by reason their Maiesties haue by these firebrands beene misenformed that the King of Nauarres partakers conspired against their Estate and refused to yeeld them that obedience which by Gods commaundement they ought and in respect thereof vnder this pretence did oftentymes cause them to be proclaymed Rebelles Traytors enemies to the Commonwealth Moreouer to make this mischiefe incurable because the innocencie of this people afflicted through the wrath and indignation of their Kinges was sufficiently knowne to their fellow couÌ„trymen fellow CitizeÌ„s these spirites of Satan haue sought to entaÌ„gle theÌ„ in partialities baÌ„diÌ„g one against an other thereby to vrge theÌ„ into irrecoÌ„siliable hatred and perpetuall mistrust whereof they might neuer conceiue cause of reunion through such excesse and iniuries as the one should doe to the other during the ciuill warres also that while the same continued themselues might haue opportunitie to practize the hearts of those whom they should finde most meete to receiue the obiect of their trayterous and disloyall ambition together that by this meanes they should diminish the loue of the people to their King perswading the most passionate that the fault was in him why Fraunce had no greater peace vnder which pretence they haue spued forth and by their creatures dispersed abroade an infinite number of diffamatorie Lybelles and more then sclaunderous discourses to the preiudice of the honor and reputation of our Prince whom neuerthelesse they went about to perswade that those of the pretended reformed Religion were the authors of these deceipts But the ende of their intents
any other of our Princes haue in hym any thing as hee is a man frayle and full of humanitie it may please him to touche his harte Let vs seeke peace flye debate aboue all serue our God honour our King whom he hath established ouer vs and after him loue and regarde the Princes of his bloud Let vs call to mind the mishap and miseries hapened in our time through eiuil dissentions and let vs set before our eyes the afflictions and oppressiōs which we are vppon the poynt to beare if wee be so wicked periured and disloyall as to preferre straungers and enemies to our Crowne before our naturall Princes to whom we haue solemnly sworne our faith before God who for these 600 yeres haue so gratiously gouerned vs which is a double prescription to that which Iephta Iudge of Israel obiected to the Ammonites who pretended by Armes after 300. yeeres to recouer the Land which the Israelites had conquered from them Quare tanto tempore nihil super hac repetitione tentastis which we may reproch to those that falsly doe say that our Kings haue vsurped any thing of those from whome they pretend to be issued and whereof they weene to make a greate shewe if wee had no stronger defenses wherewith to vphold the possession of our Kings 4 For contrariwise our King and Princes of Bourbon who are all of one bloud discended of the Capets are the same who certeinly are issued of the agnation and famely of the same Charlemagne from whēce these Iuglers would fasty pretend the original of y e Lorrains euen as he also was of the race of the Merouingians Pope Innocent the third writing to the Nobles Prelates of Frāce about the yere 1200. eloquently testifieth the trueth of this storie speaking of Phillip Augustus pettie neuewe to Hugh Capet and Grandfather to S. Lewes whō he euidently reporteth to be come of y e sayd Charlemaign so as otherwise we must argue this y e Popes decretall Epistle of falshood Moreouer Regino the Historiographer who liued almost in the same tyme Ado of Vienne Ottho of Frisingen Martin of Pole Sigisbert Aimoinus others do name Robert great Grandfather to Hugh Capet Ottho his great Vnckle by the father and Robert his Grandfather Princes and Dukes come of the noble ligne of Fraunce of the which likewise euen of the Kings of Fraunce Odo before he was elected King did beare the armes and blason which were Flowerdeluces sowed vpon an azure field without number which also were not altered before the tyme of Charles the sixt who reduced them to three And certaine it is that Odo durst not haue enterprized to beare the armes of France if he had not bene a Prince of the Royall famelie The proofe whereof is cleare of doubt in that wee doe moreouer knowe y e the sayd Odo was by the Estates of France nominated for tutor and gouernor to Charles the Simple in his minoritie which in this Realme is neuer graūted to any but those to whom the succession may likewise fall as was adiudged after the decease of Charles the Faire in the yeere 1327. in fauour of Phillip of Valois ordeyned tutor to the wombe of the Queene then great and the child to come Againe after the decease of Charles the 5. and Lewes the 11. Also in our age the Estates offered the same office to the late King of Nauarre father to the King now raigning in respect of the minoritie of Charles the 9. Finally wee reade that by a common consent the Frenchmen declared the sayd Odo King of France and after him his brother Robert and after them Raoule come of a brother to Hugh Capet who was the fourth of his famelie that bare the title and name Royall but the first peaceable possessor of the Realme so that sith euery man seeth by our auncient Histories with what vertue and marueilous assurance our Predecessors did euermore resist the force of straungers that sought to plant their name in the Royal famelie we may not neither can thinke them to haue bene so fainthearted foolish and vnconstant as of their owne motion and free will to haue chosen the Capets if they had not beene of the house and famelie of their Kings meer for successiō in the Realm To whom for the proofe and verification of the contrary wee doe finde they had recourse for the conseruation of this law so relligiously euermore obserued among them and vpon the which they haue still accompted the libertie dignitie of this Realme wholly to depende Besides I would gladly desire these makebates of our tyme to shewe me any one Historie that maketh mention of any that euer made difficultie or obiected to the Capets that they were no Princes of the bloud of the Kings their predecessors and meete to succeede in the Crowne 5 But to take away all ambiguitie and to verifie the distent of our Kings and the Princes of Bourbon to be of the famelie not onely of Charlemaigne but also of Clouis and other the Merouingians of the first ligne whereof also was the sayde Charlemaigne as Matthew Zampin a most learned personage hath to y ◠purpose discoursed who hath not vsed falsified Chartres and Documents as hath De Roziers Archdeacon of Thoule in his genealogies of Lorrain against whom Nicholas Venier the true Treasorer of the Stories of France hath argued falshoode in his treatize of the originall of Frenchmen we must first vnderstād that Dagobert King or Duke of the Francons in the East Frāce about the yere of Christ 306. had two sonnes Clodomer and Genebauīt of which two brethren discēded in direct ligne Clouis the first Christian King of Fraunce and S. Arnoul Marquize of the holy Empire at Antwerpe afterward Bishop of Metz. This appeareth in the Chronickle of Chronickles in the Illustrations of the East and West France in Robert Cenalis Geofrey of Viterbe many other good Authors Now S. Arnoule before he tooke the holy orders of Priesthood had bene Mayre of King Clotaire the secōds Pallace about the yeere 546. who made him tutor of his sonne Dagobert the first of that name as sayth Otto Frisingen Aimoinus Regano Antoninus and Vincent the Historiall who writeth that this Arnouldes Dutchie lay neere to Flaunders toward Lorrain and Sigisbert witnesseth that hee married Doda who after became a Nunne at Treuers of which mariage issued three Children Ansegisus Walchisus and Clodulph The eldest otherwise called Anchises was Mayre of the Pallace to Clouis the second and maried Begga daughter to Pepin the elder and sister to Grimoald as sayth Sigisbert and Paule Emilius of whom came Pepin father to Charles Martel who of the fister of Childebrand begat Giles Bishop of Roan Carloman a Muncke and Pepin father to Charlemaigne Walchisus S. Arnouldes second sonne had a sonne called Wandragisillus both as sayth Sigisbert Canonized neither was their posteritie of any long continuance Clodulph the third otherwise called Elodulphe was as sayth Sigisbert
and Tritehemius after his father Bishop of Metz but he had before married Mary daughter to King Clotaire the 2. after some but as others say Almabert daughter to Carloman Duke of Brabant of whom hee begat a sonne named Martin who was Mayre of the Pallace of Thierry King of Austrasy with Pepin sonne of Ansegisus and Paule Emilie calleth this Martin Cossen to Pepin the Fat and Blondus nameth him his brother This Martin left a sonne called Childebrand and a daughter wife to Charles Martell saith Paule Emile whervpon other writers doe terme this Childebrand brother to Charles Martell and Vnckle to his Children in respect of the alliance that was betweene them Nicholas Giles calleth Childebrād Vnkle to Charles Martell Richard of Wassembourg nameth him Lambert he left a sonne called Theodorie or Theodowald who florished vnder Charlemaigne and being in his youth in the battaile of Ronceuaulx was made gouernor of Saxony about the yeere 780. and thereof was termed the Saxon he also led parte of Charles Armie against the Huns about the yeere 791. Paule Emile and others doe call him Charles Cossen which cannot be but by the sayd Childebrand In an other place the sayde Paule sayth that this Theodorick had the precedēce because he was a Prince of the bloud before Geilo Constable of Fraunce Thierry maried y e daughter of Witichindus a Prince of Saxony who a little before was Baptized this mariage was made to y e end by the alliance of the bloud Royall the Saxon might bee kept in duetie and amitie with the Estate of Fraunce after the example of Charles the Bould toward Godfrey Duke of the Normans whom hee caused to marrie Giles daughter to his neuew King Lothair and as Charles the Simple deit with Rollo the Norman Of this marriage of Thierry with the daughter of Witichindus discended Robert In respect whereof the Abbot of Vspergue speaking of Odo the first Capet that was crowned King of France sayth that his father was called Robert and his Grandfather Witichindus This man was Marquize of Aquitaine against the Normans who slew him and Ranulph Duke of Guyente in the tyme of Charles the Bould Whereby wee may learne that y ◠Princes of this house were termed Saxons either in respect of the gouernment of Theodorick in Saxony either els because of the alliance entered with Witichindus the Saxon whereof our deceiuers being ignorant tooke occasion to thincke the Capets originary Saxons straūgers notwithstanding in troth they were very Princes of the bloud royall of France Earles and Marquizes of Anieow in which Prouince the Annales of the Countrey do testifie that Thierry father to the sayde Robert deceased at the age of 80. yeeres or more and his sayd sonne Robert after him after whose decease the Countie of Anieow was committed to to the custody of one Hugh an Abbot during the minoritie of Odo Robert and Thierry sonnes to the sayde Robert to whom it was rendered after the decease of Hugh whome some doe make brother to the first Robert Thierry one of Roberts children was Earle of Bourgondie had a sonne called Richard Duke of Bourgondy who begat Raoul who with the help of his Cossen Hugh the Great was vppon the resignation of Charles the Simple proclaymed King of Fraunce and was the third Capet that before Hugh bare the name and title of King of this Crowne which still fell out by the nomination and cōmon agreemēt and consent of the Nobilitie which is a most sufficient testimonie to proue that the Capets were vndoubtedly Princes of the bloud sith the Frenchmen so sore enemies to forraine gouernmēt had euen at once respect to those mē and so often had recourse to their armes as to their naturall Princes Richard likewise begat Gisilbert Duke of Bourgondie who had one onely daughter that was wife to Ottho brother to Hugh Capet to whome shee brought the Dutchie of Bourgondie Odo second sonne of Robert and Earle of Paris was tutor to Charles the Simple and afterwarde beeing proclaymed King of France dyed without issue Robert the third sonne was Constable of Frāce and admitted King after y e decease of his brother whereby hee grewe into great hatered with Charles the Simple and finally dyed about the yeere 922. leauing issue Hugh the Great Earle of Paris Duke Constable of Frāce as sayth Paule Emile This man in reuenge of his fathers death endeuoured as sayth the Abbot of Vspergue to make his Cossen Raoule Duke of Bourgondie King He maried Hauide daughter to the Emperour Henry and sister to Ottho the first of which mariage discended three sonnes Hugh Capet the first peaceable enioyer of the Realme of France of that famelie Ottho who by his wife was Duke of Bourgondie and Henry who also after his brother Ottho was Duke of the same land Thus may you see the progresse and true genealogie of our Kings discended of the said Capet wherby appeareth the falsehood of our sclaunderrs liedgerdemain who giue out that the Capets beeing straungers did vsurp the Crowne of the house of Charlemaigne whereof neuerthelesse I haue heretofore shewed you that it is 580. yeeres since that race was vtterly extinct so farre are the Princes of Lorraine from taking their originall thereof neither neede we beleeue the fable of adoption inuented by du Rozieres as false as blockheaded and doltish a Chronegrapher and Historigrapher a worse Lawyer For he should haue knowne that his pretended adoption made by some one of the Carlians of that name from whom he would bring the discent of the Lorraines could not take holde in the Realme of France which is successiue so long as any one Prince of the bloud liued Besides that at all assaies it had bene requisite euen in default of heires of the Crowne that this adoption with the notice of the cause had bene made by the general Estates of the Realme so to haue made the adopted capable of the succession as I could at large shewe him if there needed any confutatiō of those fables which they would suppose vnto vs in the vnderpropping of the pretences of straungers our enemies with a rotten poste but I will content my selfe with the representation of the genealogie of the Capets aforesayd wherby you see how they abuse vs. Wherfore let vs there leaue thē and among our natural Princes let vs put of all passion iudge what is right also what preeminence the one may haue ouer the other both by reason and ciuil discourse If it were to any purpose to lay open to the French the rules of establishment of a Tyrant straunger an vsurper of an Estate there is no man how greatly soeuer affected to the fellonie which good men doe finde to bee now conspired against the honor of the King and the Princes of the bloud Royal by these perturbers of the peace of this Crowne but would abhorre euen to heare
the same spoken of To conclude therefore I will now coÌ„tent my self with warning euery one to mark and consider the meanes which such alwaies as haue gotten the vpper hand of a Lordship whereto they had no other right but habilitie haue houlden and then I hope they will thincke that the gouernment of a naturall Prince is gracious louing and fauourable in respect of y e mistrustfull suspicious and tyrannous straunger vnto whom not onely the deedes and wordes but also the gesture behauiour yea the goodes and welth of his Citizens are suspected because he feareth his owne shadowe Remember the auncient Fable of the Pigeons who when they had elected the Ringdoue to rule them were soone wearie of her courteous and gentle gouernment which they termed soft and delicate and in her roume chose the Kite who in liew of wel entreating of theÌ„ did eate beate and dayly teare some one among them in sunder with her beake and wings whereat these miserable fooles being offended could haue bene coÌ„tent to haue returned vnder the yoke of their first election but the Kites tyrannie could neuer brooke it whose successors do yet to this day practize their roine vpon them Once it fell out that the Frenchmen through wicked counsaile in liew and place of their naturall Prince whom they bare somewhat heauy were suborned to elect one Giles a Romaine of whom they were soone wearie after they had casted what it was to liue vnder one whose humour and birth did not agree with his subiects and it fell our well for them that their King was of power sufficient to resume them againe into his protection The ende of the third part ⧠THE CONTENTS OF THE FOVRTH part of this Booke 1 The authorities of Doctors for the preferment of the Neuewe before the Vnckle 2 Examples of the preferment of the Neuewe before the Vnckle 3 Reasons in law for the Neuew against the Vnkle The Neuewe succeedeth in the eldership of his father in proper person as being substituted to his late father 4 The right of eldership is transmissible perfect wanting but execution 5 The right of eldership is legall or custumary 6 The Lord Cardinall of Bourbons acknowledgemeÌ„t in the fauour of his neuew the K. of Nauarres mariage 7 Answere to the examples of the Vnckle alleadged against the neuewe 8 Answer to the Vnkles reasons against the neuewe Substitutions and continuatioÌ„ froÌ„ the father to the sonne in collaterall ligne by Iustinian 9 Successiou once roored in a ligne neuer departeth the same vntill it be finished or worne out 10 The order of Tutorship and the succession of free borne Libertines is vnlike 11 The Kings youth neuer debarreth theÌ„ from the Crowne The opening of the saying that personall right is not transmissible 12 Successions made by ciuill lawe and custome confessing the right of eldership are farre vnlike THE FOVRTH PART OF the Cath. Apologie IN the fourth Obiection the King of Nauarres aduersaries doe oppose against him the Lord Cardinall of Bourbon his Vncle as neerer by one degrée and nowe by the decease of the late Anthonie of Bourbon Father to the sayd Lorde King of Nauarre the eldest of the house of Bourbon 1 This question is one of the most tossed of all others and can not be decided by the arrestes of the Salicke Lawe that wee haue in these words De terra verò Salica in mulierem nulla portio haereditatis transit sed hoc virilis sexus acquirit hoc est filij in ipsa haereditate succedunt sed vbi inter nepotes pronepotes post longum tempus de Allode terrae contentio suscitatur non per stirpes sed per capita diuidantur But the decision hereof we must séeke in the Commentaries of our Doctors which Accurtius Odofrede Pope Innocent the fourth Durand Ric. de Malumbris Iohn Andrew Alberick de Rosatis Barth Balde Paule de Casiro Angel Aret. Martin de Lande Iohn Faber Pet. de Ancar Barbat Felin Ausrerius Wil. Benedict Cassanee Lewes Bolognine Matth. de Afflictis Andreas Sicul. Abbas Panormitanus Bartholomeus Sosinus Iason Alciatus Tiraquel Lewes Charond Choppinus and many other haue concluded in fauour of the Neuewe against the Vncle who termeth himselfe eldest by his brothers decease either indirect or collaterall lyne in successions indeuided as Realmes Empires Duchies CouÌ„ties and Marquisates Yea Decius imitating Socinus doth write that amoÌ„g the Interpreters of Ciuill Canon law hi qui pondere numero mensura praeualent haue alwayes consulted and determined against the Vnkle so that by the authoritie of so many skilfull persons the sayd Lorde King of Nauarre hath the better cause of the Cardinall his Vnkle Secondly the foreiudgements must be alledged for the decision of this controuersie Balde hoâ—ldeth that euermore it hath so bene obserued and decided in all contradictorie iudgements of France and England And Paul maketh mention of the Spanish law in this respect solemnly sworne vnto by the states of the same lande in deede we reade goodly examples both of these and many others 2 First in France for the same house of Bourbon in the time of Lewes the Fat king of France about the yeere 1110. Hanno had expulsed his Neuewe Arcembault a young child sonne to his elder brother pretending that the Lordship perteined to him as being entred into the Lawe of the eldership by the decease of his elder brother But the French Nobility forced the vnkle to giue place to the Neuew whom they substituted in the roume and place of his brother reseruing to Hanno onely some portion of the goods as to one of the Children of the same house An other example we haue in the posteritie of Henry the second K. of England who had three sonnes Richard Cordelion Secondly Geffrey who had maried Constance the Heyre of Brittaine and dyed in his Fathers time leauing his Wife great of Arthure afterward Duke of Britaine and Iohn surnamed without land Soone after the fathers death dyed Richard also without issue whereupon Phil. Augustus King of Fraunce who raigned about the yere 1141. adiudged the Dutchy of Normandy with other the Landes that the said Richard held in Fraunce vnto Arthure sonne to Gâ—ffrey his elder brother but afterward the sayde Iohn made peace with Augustus through the mariage of his sonne Lewes vnto Blanch. Neece to the sayd Iohn by his Sister wife to the King of Castile togither with some Lands that the saide Iohn habandoned to the sayd Phillip So that Arthure still prosecuting his right was slaine by his vnkle Iohn wherevpon the King of Fraunce tooke occasion for that fellony to confiscate all those landes as hauing alwayes fauoured and aucthorised the cause of the sayd Arthur The third iudgement passed in the tyme of Charles the Fayre King of Fraunce about the yeere 1331. for the Earle of Flaunders for Lewes of Neuers was by the Peeres of the Realme declared Earle of Flaunders and preferred before his
this example hath relation also the same iudgement that Pausanius writeth of the Senat of Sparta aboue 400. yeeres after Licurgus concerning the children of their King Cleomenes who had two sonnes Cleonimus and Acrotatus the elder who dying beforr his father and leauing his sonne Areus the Realm came in question betweene them where senteÌ„ce passed for Areus against Cleonimus who was so wroth therewith that he called Pirrhus King of Epiro sonne to Earida and caused him to enter the land whereupon he was declared enemie to the Commonwealth In Italy Robert the second King of Sicill sonne to Charles the second about the yere of Iesus Christ 1310. when there was controuersie for the County of S. Seuerin betweene Thomas sonne to the elder and Iames the younger gaue sentence for the neuewe so that the sayd Robert whome our Doctors terme an other Salomon being in Auignon accompanyed with a number of Doctors and other skilfull personages adiudged the sayd Countie to him Ottho of Frisingen rehearseth the custome of Bourgondy which saith he was euermore obserued among the Gaules concerning the fathers succession which was adiudged to the eldest and his posteritie vnto whom the rest as to their Lordes ought to yeeld all respect honor and duetie Demosthenes also maketh mention of the Athenians lawe whereby brothers children had parte in the succession of their Grandfather as braunches and bodies substituted in the Roumes of their deceased parents So as the great number of arrestes passed might at this day be reason sufficient to restrain the Lord Cardinall of Bourbon and those who vnder pretence of fauouring his cause do practize their own aduancement by the destruction of the Royall famelie especially sith these iudgements passed not without great notice of the cause ripe most sound considerations which learned men shal conceiue as drawne out of the fountaine of the Ciuill and Cannon lawes from whence the best and most of our pollicie is taken 3 The first reason is because the father and the sonne sayth Iustinian are natura but one person so as the father seemeth not dead in respect of the substitution that nature hath made in the person of his sonne who is parte of his flesh and bones and is therefore termed sonne of the houshould as the other father of houshould with the sole difference of the title of generation And in Ecclesiastes it is written The father is dead and in a maner not dead because he hath left one like himselfe And after the fathers decease the sonne purchaseth not a newe his rightes and succession but taketh vpon him the administration and vse of the same whereby the same matter that was to bee considered in the father is no doubt transported to the person of the sonne how personall soeuer the same be and he is thereof capable as a straunger enheritour cannot be in such wise that the sonne by nature and ciuill lawe substituted in his fathers roume and place is to enioye all priuiledges dignities and rightes that might to the deceased haue apperteyned This ciuill reason conformeth it selfe to infinite examples of the lawe First wee knowe that the sonne dying before his father the neuewe entereth the roume of the deceased and enioyeth the same rights as his father if he had liued should in his GraÌ„dfathers succession as appeareth in the Counsaile of Gallus Aquilius by the law Vellea and other the heades of our wisedome so that no reason can be alleadged why we should otherwise thincke in this deede which dependeth of the right obteyned by the father in respect of seuioritie in the succession of his predecessors for although the sonne of the deceased elder doe maintaine the seuioritie to bee his by his owne right and person yet is he as it were substituted in the place and person of his sayd father and admit the qualitie of senioritie were by the fathers decease dead and extinct yet the power habilitie to succeede thereby is not extinct and lost which beeing diuers and seperated from the eldership is continued and transported into the person of the sonne Wherevpon in lawe we doe say that the same departing before the father his sonne succeedeth in his possibilitie because the same occasion if any dyeth without children is accomplished in the wise counsaile of the testator if there remaine any issue of the afore deceased sonne Hereupon by the arrest of the Court in the yeere 1555. was the daughter of the eldest sonne of Thibault of Vitry preferred before her Vnckles in the right of eldership to the landes and noble Lordships of the said Thibault Secondly it was determined that the free borne childreÌ„ were not bound to lay together their owne goodes in pertitioÌ„ of their fathers or if it happened the same beeing vnder his fathers iurisdiction to decease leauing his sonne alienated to some one of his brethren of the same calling the neuew who in his owne person could not attend the relation of his Vnckles proper goodes in the succession of his Grandfather might neuerthelesse demaund the same in the behalfe and as substitute to the person of his deceased father and therefore the same right that he had in the same relation is adiudged to his sonne who of himselfe was vnperfect badly grouÌ„ded in his demaund By our Lawes also the brother by father and mother is in the succession of his deceased brother to bee preferred before the rest of his brethren of the same bellie or kinsmen Let vs now presuppose the brother both waies were deceased leauing one sonne The sonne is to take vp the inheritance of his Vnkle before the rest of the brethren of the deceased beeing of one bellie or kindred which hee cannot doe by his owne right because he was not brother to the deceased and therefore necessarily he taketh it in right of substitution and succession to his late father transported into his person wherby he not onely succeedeth with his Vnkles but which is more excludeth them as might his father haue done if he had liued Moreouer that which is noted in parte must take place in the whole and yet in the substitution of the deceased fathers succession the children of the deceased do take their part and portion of their deceased Grandfathers goodes by stocke not by head that is in consideration of their fathers person which wee call in stirpes non in capita which also concurreth with Gods lawe as wee may note in the portion that Abraham gaue to his neuewe Lot the sonne of his brother Aram in the succession of their generall father Thare In the collaterall ligne the text of Iustinians nouell saith that the neuâ—we sonne to the brother succeedeth in such part as his deceased father might haue done why theÌ„ should we not obserue the same in things wholly vndeuided as in a Realme Empire Dutchie and such other like which can haue but one maister so that the neuewe taking his fathers roume
viscerum patris primo geniti excludet secundò genitum The fifth consideration is taken ab exemplo patroni qui vni ex liberis assignauit libertum to whom and to his he is due illis extantibus alteri non est locus So then the law custome and publick ordenāce hauing called the eldest and to him assigned y t right of the Realm it cānot belōg to any other but him or his being sufficiēt so long as they shall remaine in the worlde to take vp that succession which the right of eldership hath giuen him The sixt reason shall be that the same lawes and customes that are obserued in siefes and vasselag are considerable in Realmes and 〈◊〉 ruling And it is certaine that in beneficio quod feudum appellant nepos ex filio solus succedit and in default of him onely the Vnckle is called to the sayde succession notwithstanding our writer dare falsly mainteyne the contrary and alleadge the textes that make ad literā as they terme it against him Why then should wee not say as much of the Realme and Crowne which is the rule and gouernment of the said stefes Finally without doubt the right of eldership is a qualitie that passeth to euery of the children from the first to the second from the second to the third and so consequently as doe the heades of succession ordeyned by the pretors edict de liberis ad agnatos de his ad cognatos at verò certum est successionem quae fit de gradu in gradum potiorem esse illa quae fieri solet de capite in caput so as post omnes liberorum gradus vocantur agnati post vniuersos agnatos cognati Thus are the first borne the first head whose degrees are to bee considered in their issue The other head is of the second borne whose degrees are to be obserued in his children c. 6 Yet is there in this cause one especiall reason for the sayde Lorde King of Nauarre which cannot bee aunswered that is that his sayd Vnckle the Lorde Cardinall of Bourbon at the mariage of his neuewe the King of Nauarre to Lady Margaret of Fraunce acquited demissed yeelded and transferred to the sayd Lord King all and euery the rightes tles voyces and actions present to come that any waye might to him apperteyne as comming of the house of Bourbon expressely acknowledging his sayde neuewe the Lorde King of Nauarre for the true sonne heire successor and in all and by all representer of the senioritie of the sayde house To thincke therefore now to goe against the sayd renunciation made vnder a vaine hope of successiō in this Realme comprized vnder this general eldership of his late brother the Lord King of Nauarre there is no apparance sith spes fidei commissi conditionis in certum remitti poterit yea that iusiurandum reuunciationi interpositum tale est vt obseruari possit sine salutis aeternae dispendio also that by the Cannon lawes a renunciation cōfirmed with an oath can not be broken Besides that the renunciation was a part of the donation in the cōtract of Matrimonie whereby the mariage of the sayd Lord King of Nauarre to the sayd Lady of Frāce was more easily accomplished and by the restoring of the same the childrē of the said Matrimony might be endamaged which may not be permitted especially because the sayd Lorde Cardinall can alleadge no likelihood of hurt through his minoritie force or other causes of restitution against the sayde Lorde King of Nauarre his neuewe who at that tyme was yong and vnder the sayd Lord Cardinalles authoritie On the other side the learned do for the said Lord Cardinall bring in the example of Siluius King of the Latins who was preferred before Iulus his elder brother Ascanius sonne but in this matter the argument is not alike for Ascanius dyed not in his father Aeneas tyme but had worne the Crowne 38. yeeres or there about after his decease and when hee dyed the succession thereof was restored to Siluius to whom it rightly did apperteyne as being the true enheritance of his mother Lauinia For it is euident that Aeneas after the destruction of Troy landed in Italy with his sonne Ascanius and so well ordered his affayres that hee married Lauinia daughter to Latinus King of Alba Longa whom hee afterwarde succeeded of that mariage begat Siluius so that Ascanius raigne ouer the Latins in Italy was by tyrannie and without any vailable or more apparant title then the sworde for the Realme belonged to Siluius in the right of his mother Lauinia Secondly they alleadge a iudgement of the Senat of Sparta betweene Agesilaus and his nenewe Leotichides sonne to his elder brother Agis whereby the Vnckle was preferred and the Diadē royall to him adiudged But herein I would also desire thē to haue recourse to y ◠reason that Pausanias yeeldeth for y ◠saide iudgement which was because he was by his father Agis denounced a bastard whom in such cases the Ephores commonly beleeued as appeareth by a fore iudgement long before by them giuen in the person of Demaratus who was driuen out of the Realme which hee did enioye because of the like speech vsed by his father Ariston in his place as vnsufficient was substituted his Cossen Leotichides Their third example hath yet lesse apparence and is of Gontran King of Orleans of the sonnes of Clotaire the first who was preferred before Childebert sonne to his brother Sigisbert King of Metz in the succession of Cherebert King of Paris for they saye not that it was by force either that the Realme of the sayd Cherebert was deuided euen in the life tyme of the sayd Sigisbert father to the sayd Childebert among all his brethren and yet that afterwarde the weapons of the sayde Gontran were the stronger whē Fredegond had procured the death of Sigisbert which soone after Gontran repented and hauing no children adopted his neuewe Childebert who in the ende enioyed all his possessions The fourth is of Honoricus sonne to Gisericus King of the Wandales who was preferred before Gondabundus sonne to Genson the said Gizericus eldest but to this purpose they should withall haue set downe the words of the sayde Gesericus the fathers last will and testamēt importing as saith Procopius that he would haue the eldest of his children to succeede him which peraduenture he had learned of the auncient Nomades among whō sayth Strabo the prerogatiue of yeres was relligiously obserued in consideration whereof sentence passed for Corbis the eldest against Orsna his Cossen and sonne to the last King whose controuersie was decided by a Combat But in France we regard not the age but onely the order of senioritie wherein the neuewe continueth by substitution of him in the roume and place of his father the prerogatiue of the sonne The like was obserued in Barnarde sonne to Pepin Charles the Great
eldest sonne before whom was preferred to the Empire Lewes the Mecke second sonne to the sayd Charles But this example may most easily be aunswered because it was the same Charles their common father that had deuided his Dominions among his children and had giuen Italy to Pepin his eldest sonne which also was reserued to the sayde Bernard his sonne and therefore after the pertition made by the sayd Charles he could pretend no further in y e succession that might come in question besides that at that time the Empire was not properly successiue for notwithstanding the neerest in bloud to the deceased Emperour did succeede yet durst hee not so intitle himselfe vntill by the consent of the Romaines he had bene publickly annoynted and crowned Much lesse also was the Imperiall dignitie successiue after the creation of the Princes electors of the same in the tyme of Ottho the 3. of the house of Saxony or by the opinion of the skilfullest of our worlde in the tyme of Fredericke the 2. so as there is no likelihoode to drawe an electiue Empire into consequence with hereditarie and patrimoniall Kingdomes The 5. indgement is of the Coūtie of Arthois which was in strife in the time of Philip the Faire King of France betweene Maude wife to Ottho Earle of Bourgondie daughter to Robert Earle of Arthois slaine at the battaile of Courtray and Robert the sonne of Phillip who likewise was sonne to the sayd deceased Earle Robert in which case the aforesayde Countie of Arthois was by the sayd French King adiudged to Maud who was preferred before her neuewe Robert being yet in infancie And in troth the historie setteth downe no other perticuler occasion of this iudgement but y t it was giuen by the mere motion of the sayd King Phillip Lord of the fief Neither is it sayd that his Maiestie tooke any other aduice but of his owne will the neede that then he had of Ottho the sayd Maudes husband together with the small seruice that of long time he might attend of the said Robert a yong childe and at that tyme there needed a good warrier to be opposed against the Flemings to the ende to suppresse their boldnesse and customary rebellions So as in respect of the sayd Roberts very youth the sayd King Phillip thought it meete to infringe the law and custome vsually obserued in like causes But God be praised in whatsoeuer may happen betweene the said Lords the King of Nauarre and his Vnkle the Cardinall of Bourbon we cannot incurre that daunger but rather were to be feared the great yeeres of the sayd Lord Cardinall already olde worne and by reason of his order estraunged from al vse of armes in respect of the flouring tyme of the King of Nauarre a Prince brought vp in the same and in gonernment of Estates The sixt is for the Countie of Champagne betweene Henry the seconde sonne of Earle Thibault the daughter of the sayd Earles eldest sonne wife to Erard of Breno in which case by arrest of the Court of Parliament of the Peeres of France in the yeere 1216. the sayde Countie was adiudged to Henry the Vnckle against his neuewe daughter to his elder brother But it may easely be answered the eldest sonne of the sayde Thibault going into the holy Land had expressely ordeyned that in case he dyed in the sayd expedition or otherwise without issue male then that his brother should succeede in the sayd Countie with endowing his daughter wife to the said Breno with a competēt summe The seuenth happened betweene the children of Charles the second King of Sicil sonne to the brother of King S. Lewes who married the heire of Hūgary and of that mariage begat Charles Martel and Robert The father gaue and appointed to the sayde Martell the Realme of Hungary and in his life tyme caused him to be thereof crowned whereby he did a while enioye it and then dyed leauing his sonne Charles to whom Charles the Grandfather confirmed the donation of the sayd Realme made to his father Martell and to his second sonne Robert he gaue the Realm of Naples So that by the truth of this historie it appeareth that this was a pertition by the saide Charles the second made betweene his children which they could not resist and whereof neither y e sayd Martel nor his sonne Charles had cause to complaine for the Realme of Hungary was farre greater more rich and wealthy then that of Naples which was already rent and dismembred by the Arragōs as it is euident by al histories of those times Our Interpretors doe yet more briefly aunswere this preferment of Robert the second before the sonne of Martel his elder brother aleadging that Pope Clement the 5. pretending authoritie ouer the Realme of Naples which hee aduowed to bee of the fiefe of the Church pronounced this sentence lightly enough therein doing the office of a partie rather then of a Iudge besides that of the sayd Realme in respect it was subiect to Sainct Peters chaire was not properly successiue The last example that they alleadge is of Lewes Sforce who was preferred to the Dutchie of Milan before the sonne of Iohn Galeas but thei might rather say that he preferred himselfe by force and through execrable tyrannie which the sayd Lewes exercised against this poore orphan vnder pretence of gouerning and defending him Besides it is so farre from being our case that it is certain that the young childe enioyed his fathers Estate when this Tyrant his Vnckle seazed thereon and put him to death as vniustly as in the ende God did iustly punish him in causing him to ende his daies in miserie and captiuitie Hauing thus aunswered such examples as they may alleadge let vs now consider whether the reasons that they propounde be sufficient to cause vs to alter our aduice 8 First in all Successions it is a generall rule to call thereto the neerest to hym whose state is in question so that it is by priuiledge and extraordinarie licence that we admit the the Children of the deceased brother to share with their vnkle in such goods onely as will baare deuision Which is the cause that our Doctor alleadgeth Butr. in his Tree of the succession of the Realme of Fraunce in these words Succssit ergo illi Carolo in regno Franc. Philippus filius alterius Caroli qui erat ei in 4. gradu nec successit Robertus pronepos Roberti Comitis Atrebatensis quendam quia ille erat in 8. gradu nec successit Robertus nepos Caroli Regis Siciliae Ierusalem quia ille erat in 7. gradu nec successit Ludouicus nepos Beati Ludouici quia ille erat dicto Carolo decedenti in quarto gradu Therefore sith otherwise the Vncle retaineth still the chiefe degree the especiall regard that Iustinian had to the posteritie of the deceased brother to make them equall with their Vncles can not serue them in vndeuided
him which being in him is according to the former discourse coÌ„tinued in his posteritie The fourth obiection is taken of the vulgar consideration obserued in the common dispositions of euery one to call into the first degree their owne children and then their neuewes after their degrees and order of nature which is euident in the couÌ„saile of Gallus Aquilius and more expressely in the aunswere of Papinian in two places wherein he acknowledgeth inter liberos ordine gradu fidei commissi praescriptos ex ordinata affectione defuncti quae cadit inter personas sub eadem alternatione comprehensas This reason were hard to be decided if we would consider the neuew onely in his owne person and cause but we haue often sayd that in deede in his own right but by his father successiuely he coÌ„tinueth the same right of eldership that his deceased father had for the which as first borne he is in the first degree and order of succession 10 The fifth reason is taken of that wee knowe that the same degrees that are obserued in tutele are likewise kept in succession But it hath bene decreed of the sonne and neuew concurring together for the tutele of the fathers libertine the sonne onely remaineth tutor and not the neuewe sonne to the deceased brother the like therefore must bee obserued in matter coÌ„cerning the successiue right of the one and the other In this argument the Doctors that make the obiection doe not note that the same was first aduised for the benefite of the neuewe ne oneri tutelae astringatur Secondly that the reason of tutele is perticuler for the wealth and benefite of the pupille to the ende the eldest of those that are capable of the succession may only be admitted his gouernour Besides the qualitie of a tutor resembleth the procuration and preeminence which are not traÌ„smissible to the heires of whatsoeuer condition they be wherof proceedeth the reason whereby alio modo tenentur tutores aliter ipsorum haeredes conueniri solent Finally sith the succession of the libertin is in like sort disposed of the like regard must be had in the delation and decree of tutele for Iulian writeth si libertus intestato decesserit relictis patroni silio ex altero filio duobus ne potibus nepotes non admitteÌ„tur quandiu filius esset although it bee otherwise in ingenuorum successione because the right of patronage is meere personall itaque non transmittitur at verò in ingenuis the naturall affection of the father to the sonne or of the Grandfather to the Neuewe hath caused this representation to be euer obserued in the direct ligne and afterward in the collateral ex coÌ„stitutione principum And we also see that the goodes of the deceased libertine are parted by the number of heades among the patrons neuewes contrarie to disposition of common right in free persons whose vnder Children doe distribute the succession of their Graundsire by stockes in consideration of their Fathers already deceased 11 Sixtly they obiect that the gouernmeÌ„t of y â— sayd Lord Card. is more necessary to the realme because he is of more yeres and therfore better aduised more prudent and capable of publike knowledge in the worlde But this presumption sometime deceiptfull taken of the yeres of the successor must not bee preiudiciall vnto the right obteined to a third especially this third beeing capable of discretion and iudgement as is the King of Nauarre who goeth now in the 33. yeere of his age but also more perticulerly in the succession of this realme wherein so farre are wee from preferring the eldest that eueÌ„ our selues doe admit children in their Cradles and Infancie to bee our lawfull Kings as apeareth by the Historie of Sainct Lewes who was consecrated ween hee was but nine or tenne yeres ould of Iohn sonne to Lewes Hutin borne after his fathers decease who liued but fifteene daies and dyed in his Iorney toward Rhemes to bee consecrated of Charles the eight who was crowned in his infancie as also was the late Charles the 9. in our tyme. The like whereof haue bene very religiously obserued in all successiue Realmes and kingdomes In Iudea and Hierusalem Dauid Salomon Azarias Manasses and Iosâ—as were annointed in their youth Augustulus a yong childe was Emperour of the West although in his nonage whereof saith Procopius he was named Augustulus Athalaricus was but eight yeres ould when hee succeeded in the Realme of the Gothes vnder the gouernment of his mother Amasasiuntha Baldatus being almost in his Cradle was King of the Lombards Sapor was declared Monarke of Persia in his Mothers wombe Herodotus rehearseth the Historie of Aeropus King of Macedonia who being in his swath was caried in the Army against the IlliriaÌ„s and presented to the Souldiers who seeing him were so embouldened that they defyed their ennemyes and expelled them their couÌ„trie To be briefe Agathius maketh mention of the auncient Lawe of our French men whereby the children how yong so euer were called to their fathers Realme Their seauenth obiection is drawen out of a rescript of Pope Innocent the third wherein he threatneth Andrewe the second sonne of Bela the third King of Hungary that if he fulfilled not his fathers vowe in going into the holy land he would trasport his crowne to his second brother to which iniunction the sayd Andrewe obeyed very carefully and after for beating the Soudan of Babilon was surnamed Hierosolomitan But touching our question it doth not in the text appeare that there was euer a Neuew sonne to Andrewes brother that might resist or make head against the second brother so that this decretall maketh nothing to the purpose no more then the discourse of Pope Clement the fifth against the Emperour Henrie of Luxembourg in fauour of Robert the second King of Sicile whome vsually they alledge in the proofe of their aduice The eight reason by our Doctor alleadged is taken of the rule of auncient right whereby wee ordinarely saye that where the condition of the person maketh place for the benefite when the one faileth the other also perisheth But the age and perticuler forebirth gaue this priuiledge to the late Antony of Bourbon King of Nauarre therefore his Sonne cannot haue the like right as not hauing the sayd qualities besides that when the Lawe hath giuen any thing to the sonne the same neuer passeth the wordes of the decree as ordinarely we say tutorem datum ne potibus ordinatum non censeri This reason conteyneth the same that the former and so to be aunswered that it were to true if the person were the onely cause of the priuiledge as appeareth in the consulters examples But wee haue sayd before that in our question we regarde not so much the person of the elder as the qualitie in him resideÌ„t whereby the right and cause of succession is to him obteined which is not extinct with the person sith now it cleaueth
of the same were led by the will of God or whether therein they enterprised any thing repugnant thereto especially sith the question concerneth the maintenance of the peace liues and soules of so many millions of parsons who either might or are already lost vpon this quarell And this I will say more that sith the fault hath proceeded of our Prelates who haue fallen a sleepe and haue not mainteined the fare that they ought for the nourishment of their Flockes who being ignorant in the most part of the principles of their religion haue gone out of their ranck and doe perticulerly require the reasons thereof it is most necessary gently to giue them a taste of the same without sword or fire vntil the condemned bee at large heard in their defences and lawfully conuict 14 Moreouer I dare aduowe that in Realmes and Empires natural Succession receiued by the estates is of such force that the best and most Catholicke Parsons neuer enterprized against y ◠progresse of the same as occasions haue bene ministred no not for Heresie although it were condemned and with all solemnitie accursed by the Church of GOD Notwithstanding vndoubtedly by other dealing they might haue hoped for better and that they were in maner assured of manifold afflictions at hand Had not certein Bishops Arriens infected Constantius whē he succeeded his father although he were very yong What was the cause that Zeno being an heritick was neuerthelesse made Emperour after his father in lawe Leo but that the Empire was atteyned for his wife AriadNe and little Leo sonne to the said Zeno whom his Grandfather had instituted to bée his heire in consideration whereof the Christians were content to beare that affliction Constantine the third and the fifth whē they were called to the Empire were heretickes but yet in asmuch as they were lawfull successors to the last deceased the Church would not meddle with them When Anastaze the first was chosen no other cause moued y e Patriarke of Constantinople and the people to force a promise from him that afterward hee should be a Catholicke or at the least that he should not make any alteration or stirre vp any broyle in the Church of God but onely because he was then an Eutichian who was condemned by the Counsaile of Chalcedon and the same is the onely caution that you may exact or require of your King in cace he were other then a Catholicke sith the Christian Church neuer desired greater assurance of the aforenamed then their faith and royall promise I might bee tedious if I should rehearse vnto you an infinite number of other examples whereby euery one may manifestly perceiue that the holy Primitiue Church neuer accoumpted it so smal a matter to violate the lawes of the Estate or to habandon that obligation that wee owe to such a Prince as is either lawfull successor to the deceased or els solemnly elected Who is he that wil not thinke the Bishoppes of those former tymes that I speake of to haue bene farre more zealous in their charge and better liuers thē the most parte of ours in respect whereof they might euen with their credite only haue sooner perswaded the people that thei gouerned for Religion and godlinesse sake to haue expelled deposed and banished those hereticall Emperours aswel as to haue admitted them into that succession that by the politick order of the Empire was vnto them due either to obey or yeeld them al fidelitie was it want of power all the world being Christian euen in the Prime of the Church about one hundred yeeres after that the Temples of the Greeke Idols had bene shut vp whereby not so much as the memorie of them remained among the subiects of this great Monarchie I will by the way rehearse vnto you a Decree of the Church made for y e posteritie of Kings least you shuld thinck me either to be led by affection or to haue told you fables Heare therfore the wordes of the Fathers assembled in a Counsaile Like as the Insolencie of wicked Kings haue euermore bene odious and abominable to the subiects so haue the people alwaies liked wel of the prouident foresight of the good who therefore could suffer or beholde a Christian offending in that poinct or that were desirous to expell the posteritie or ligne Royall from such rights and dignities as thereto doe apperteyne Such dealing doe we therefore expressely forbid in fauour of the posteritie of the most excellent Prince Chintillus we doe renew and cōfirme the decree that was made the last yere at the Synode houlden in this Church concerning the loue and good will that euery one is bound to beare to the Kings ligne and to the defence and preseruation which all subiectes of the Estate doe owe thereto to the ende the successors be not maliciously defrauded of the merites of their predecessors in the augmentation of their Crowne or their great liberalitie toward their subiects Also that none doe enterprize to hurt them because it is meete that by the authoritie of a Counsaile we do graūt peace to the succession and posteritie of those by whose meanes and vnder whose protection wee haue aforetyme bene preserued Admit therfore that the Church made this Decree in respect of that obligation that she deemed the subiectes ought to the posteritie of their Kings either for the loue and reuerence of those that had well gouerned their Commonwealths euen as GOD who is the author and holder vp of Monarchies would neuer take the Scepter wholy from Iuda for his seruaunt Dauids sake yet if our selues would but call to mind so many good Kings of this race especially the father of the house of Bourbon the Lorde S. Lewes whō for his good life the Church hath canonized and whose memorie ought to be vnto vs holy honorable we should shewe our selues most wicked periurde vnthankful and disloyall persons if wee should seeke or but make any countenaunce to thinke vpon innouating any thing against this posteritie 15 Good men are not ignorant of the pretences that these great bucklers of the faith doe take hold of which are first that the King of Nauarre being King would polute subuert abolish Catholick Religiō in France and force his subiects to become huguenots But to say the trueth this vizard is lesse then nothing for his former behauiours will presently force vs to confesse the cōtrary because our selues haue seene with what importunacie he hath besought our Kinges as beeing their subiect and perswaded them to suffer him and his partakers to liue vnder their obedience in all libertie of conscience Wherefore then should we thinke that when he were soueraign he would practize against his people any enterprize repugnant to that lawe which himselfe being in their race sought to enioye vnder the Kings his Lords Shal we presume that such a Christiā wise Prince instructed in the feare of God would become a Tyrant torment the soules of his subiects against