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
friuolous causes and of no importaÌ„ce whose sentence neuerthelesse was confirmed and againe published by Innocent the fourth successor to the sayd Gregorie and after by Boniface the eight inserted into his sixt booke of Decretals in which place he vseth these wordes of the Scripture Quodcúnque ligaueris c. as an authoritie wherein to ground the execution of his will Bald also and Iohn Andrew very Catholicke Glozers doe confesse that in deede he seemed rather a partie then a Iudge Niâ—holas the 3. who followed soone after seeking to take the whole gouernement of the Towne from all but the Pope forbad y t neither King Duke Earle or Marquize should be established or accept the authoritie of Senator or Gouernour therein declaring that the Iurisdiction thereof belonged priuatly to the holy Sea before all other not in respect of Constantines donation but through these wordes In omnem terram exiuit sonus eorum and such other which hee interpreteth as hee thincketh good Which in effect are the very reasons whereupon Boniface the eight excommunicated King Phillip the Faire of France and gaue his Realme for a praye to the first that could seaze vpon it as we reade in his constitution in deede extrauagant in the which he exempteth neither Emperour nor King from his subiection euen in Temporall causes as he saith Also by vertue of that great power Clement the fifth disanulled the sentence giuen by the Emperour Henry the seauenth of LuxeÌ„bourg against Robert King of Sicille after hee had procured the proysoning of the same Emperour by a Muncke in ministring to him the Eucharist Which Balde confesseth to haue bene a presumpteous and wrongfull deede Finally by those Tragedies that Iohn the 22. Benedict the 12. and Clement the 6. stirred vp throughout Christiandome against the Emperour Lewes of Bauiere as also in our daies Alexander the sixt and Iulius the second did no lesse neither had any other ground We may see the causes whereby the Popes do pretend authoritie to depose Kings subuert Realmes and giue them in pray to whomsoeuer they thinke good True it is that such of them as haue most dissembled haue euer exeÌ„pted the Realm of FraÌ„ce Innocent the third writing to the Prelates and French Nobilitie for Iohn without land King of England declareth that he will enterprize nothing against the Maiestie of the French King But Hostiensis who knewe the Storie doth in this place write that the Protestation was contrary to the effect because the sayd Innocent went about to hinder King Phillip Auguste from vsing his feudall right ouer the Dutches of Normandie Guyenne and other the Lands holden by the English and falleÌ„ into the lapse through the murder committed vpon Arthur his elder brothers sonne In an other decretal Epistle the same Pope confesseth that the French King in Temporall causes and gouernment of his Realme acknowledgeth no superiour Clement the fifth in his extrauagant for appeasing King Phillip the Faire who was stirred vp by the insolencie of Boniface the eight disanulled reuoked his declarations against the Realme of France and aduowed the same not to be subiect to his Sea by vertue of the sayd constitution The same Pope also protested that the power which his Officers vsed against the said Kings subiects during his being in the Realm was by the permission of the sayd Lord King as appeareth by the protestation the same time enrouled in the Court of ParliameÌ„t for in trueth it hath euer more bene resolued and is a cace most certaine that the King of France doth vpon earth acknowledge no superiour in whatsoeuer coÌ„cerneth the pollicie gouernement of his Crowne neither was euer subiect to the Romain Empire from the which he wrested the Gaules with the point of the sworde And although the French Kings were sometimes Emperours them selues yet did they neuer submit this Crowne to the Diadem Imperiall whereupon the Kings Atorney general would not suffer the Emperour Charles the fourth beeing in the Parliament there to make a Knight without king Charles the 5. his expresse permission As also the Emperor Charles the fifth passing through Fraunce obteyned the good will of King Frances the first to pardon sundry offenders because no other then his Maiestie hath power or authoritie ouer the temporall causes of his Realm among which is vndoubtedly the punishing of transgressions yea euen of heresie of the which wee now speake the notice and Iurisdiction whereof haue euer more bene left and with good reason belongeth to the seculer Magistrate because we ought to consider the lawe of God first in this world whereto the politicke and temporall Magistrate preseruer of the societie of men and earthly policie for the auoyding of confusion and trouble forceth euery one to obeye Secondly in the worlde to come wherein God onely iudgeth and punisheth not leauing in this worlde in respect of himselfe any Magistrate to be the auenger of the iniurie to him done in y â— transgression of his ordinances For the Priestes who are the guardians and Schoolemasters of Gods lawe are not coÌ„stituted Iudges but easie Phisitions to the soule and Gods commaundements are no such Sanctions as importe punishment but most louing doctrine and admonitious otherwise if by the sworde we should be forced to the obseruing of Gods lawe the desert were small Vppon which poynt the Apostle sayd Not that wee rulee ouer your faith but are helpers to your ioye And in an other place All Scripture is inspired froÌ„ aboue and is profitable to teach to conuince to correct and to instruct to righteousnesse Hee saith not to force or to punish Chrisostome very carefully deuideth the royall power from the ministerie of the Gospell saying that the ministerie is a function committed by God to the ende to teach without weapons also that it is no power to giue or take awaye Realmes neither to make lawes for politick gouernment Our French Bishop S. Hilarie writeth as much to the Emperour Constantius also against Auxentius Bishop of Millan And this the good Fathers learned at the mouth of the Sonne of God our Lord Iesus Christ when he sayd to his Apostles The Kings of the nations haue dominion ouer them but it shall not be so with you In an other place hee promiseth them that they shall sit with the Sonne of God wheÌ„ he shal come in Maiestie to iudge mankinde but that contrariwise so long as they remaine in y e world exercizing their Ministerie they shall bee brought before Kings and politicke Magistrates for his sake so farre shall they be from being Kings and Iudges themselues The head of the Church euen Iesus Christ fled when they sought to make him King declaring y â— his Kingdome was not of this worlde wherfore he would not be iudge among those that were at controuersie yea he submitted himself to the Kings of the earth paying vnto them the tribute which was vnto
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
their owne and if they may to seaze vpon this Crowne which they haue leueled at euer since the decease of the late Henry the second without employing themselues in any other affaires then seeking the meanes to atteyne thereto yea euen partly they giue out that it were better to conquer the Realme of France then to goe to Hierusalem to seeke for the succession of Godfrey of Buillon I doe therefore most humbly beseech the Queene the Kings mother whom our Espaniolized Frenchmen doe call vpon for their succour to be ware of being deceiued in the faire pretences of these conspirators but to assure her selfe that notwithstanding whatsoeuer their flattering sweete tongue they will neuer bee satisfied but with the life and Scepter of her sonne her selfe Moreouer I beseech God to graunt the King the wisedome of SalomoÌ„ wheÌ„ his mother Bethsabe came to desire him to like of the mariage of Adonias with Abisag the Sunamite who had bene King Dauids Concubine in his latter daies vnder the pretence whereof he had vndertaken with the helpe of Abiathar the Priest Ioab and Semei to haue depriued the King of life and kingdome which this fountaine of wisedome speedely perceiuing after he had heard the petition of the Queene his mother in liew of graunting it and considering how this traytor vnder a false proposition had abused her commaunded to put him to death together with Ioab and Semei and depriued Abiathar of his Priestly office and function 28 Know we not the occasions of Dauid the Aduocates one of the wickedest men that euer liued iourney to the Pope and Court of Rome whose instructions these good Schollers doe from point to point ensue and those men that haue sene the same can tell whether their beginning and the course that still they take be not at large therein conteyned Who is he that perceiueth not the importaÌ„ce of the disputation holden at Sorbonne about three or foure yere since by a poore bachelâ—r draweÌ„ in who had dedicated his Theses to the Abbot of Cluny the late Card. of Lorrains Bastard Wherein hee did what in hym laye to prooue that it was lawfull for the people to depose driue out kill and murder tyrannous wicked euill liuing and Hereticall Kinges whereat the King beeing moued as at a most daungerous and detestable proposition this poore instrument of Satan was at the barre of the sayde Colledge of Sorbonne slaine by one who of late dayes haue withdrawen hym selfe loaden with Spanish Pistolets and Iewels and then cloked this goodly deede least the author of this so vnchristian learning and knowledge should by his mouth haue bene disclosed Might not we haue noted what seruants were procured to be placed abont Monsier the Kings brother and to what end amoÌ„g whom the forwardest had bene trayned vp in the Schole of these perturbers of our peace as being their creature witnesse that nowe he is with them and then vsed all his endeuour to plonge that yong Prince in all voluptuousnesse lechery and heate of youth yea hee did better his businesse for hee betrayed him to the King of Spaine sould the Spaniard to the States and the Huguenotes to all others Whereby hee made money of all with the price of the honor reputation and life of his Maiestie or rather of all France The like did also three or foure other bad parsons who all had bene brought vp and were giuen to his highnesse by one selfe hand to the ende to habandon hym for a praye to the first mischaunce that might happen among a greate number that night and day they deuised for the atteining to their entents yea they went so farre as to set him at debate with the King his brother and by meanes of some of theirs that were neere to either of them to cause nature and bloud to liue in mistrust of it selfe so to procure the ruine and losse of one or the other or of both togither and with them of this miserable Realme During which their sleightes they did neuerthelesse perticulerly thinck vpon the king whom when they found to be merueylous zealous in Catholike religion they began to practise some Spanish workemen to drawe vnto him and vnder the vaile of Religion to bewitch him and so wholy endeuoured themselues if they could to haue cast him headlong into some mishap as great as the same wherein they ê“longed poore King Sebastian of Portugall who by such meanes serued for a warme breakefast to the Spanish King and got hym a faire corner of lande through the subtelties of the Spanish Iesuites concurring with the Portingal Iesuites or peraduenture both coÌ„spired against the estate of that poore yong King so to cause hym desperatly to venture hym selfe whether he dyed with him the Scepter of Portugall which vndoubtedly God had long vsed to the great benefite blesse of all Christiandome These were the driftes of the good seruants of our Kings who thanked bee God was more circumspect and wary to put from about him such wicked spirites Certainly it is most necessary and expedient for a King to be Christian deuout zealous of Catholicke faith and to feare God but withall it is most daungerous for his person and Estate if hee become supersticious and an hypocrite First he thereby loseth all iudgement to discerne the enuious friends or enemies to his Scepter then he forgetteth the principall cause for the which he is a King which is the care and gouernement of his people for the exercize whereof onely he is bound chosen and bound to serue God in that ministerie lastly in the world that we liue in amoÌ„g the most corrupt soules that euer were the whole worlde doth mistrust and wonderfully suspect him whom they see make so great a shewe whether for enuy that euery one beareth to his more then common zeale either els for that in trueth it often falleth out that things of greatest apparance conteyne least trueth Now then these malicious persons haue but one onely subtile entent left which also it is meete for the people to knowe For yet they goe reasonably gently about their matters and doe giue out that they require onely abolition of the Edicts of pacification and to procure the exercize of one onely Religion in France to the ende vnder that pretence to embarke the King and almost to force him as aforetyme fearing least the ouer long peace of this Realme should close vp the passed vlcers they had done to breake off that amitie and good wil which it pleased him to shewe to the King of Nauarre and those of the pretended reformed Religion so that by such meanes they will cause him with the sworde that he should holde in one of his hands to cut off the other wherof must ensue the losse and sworne death of the sayde Lorde King of Nauarre against whose person perticulerly as beeing their principall mark they are determined to arme themselues After whose end also if the King of whom they shall then
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
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