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
to his cause and goods like as we say that it is the reason why restitutiones in integruÌ„ adolescentibus concessae haeredibus illorum competunt quia laesionis occasione minoribus indulgentur eademque ratione S. C. Vellâ—iani exceptio succcessoribê° quique prodest Item actionis funerariae priuilegiuÌ„ haeredi ac caeteris successoribus non denegatur tempus iudicatis datum haeredibus proficit so that sith this qualitie of eldership hath perfected and obteyned this right and cause of succeeding the deceased father he shall seeme to haue transferred the right that hee had in his goods to his sonne Who also shall be capable of a more personall priuiledge of his father for in trueth by the order of lawe if any thing resteth in actions petitions prosecutions or lawe it shall bee numbred with the goodes So that in this argument sith the right and cause was in the father perfect and absolute wanting no more but execution it will not bee amisse to say that the same right may be said to be comen to him as in lege Julia that worde peruenit Vlpian taketh for accipiendum For notwithstanding succession should neuer fall or take effect in the person of the eldest yet hath the lawe made him during his life possessor of successiue possibilitie and qualitie so that he hath obteyned that right to himself both vnweting and vnawares which proceeding of the authoritie and vertue of the lawe is transmissible and as depending of the cause and matter is to the sonne transferred who is part and portion of his fathers bowels as we haue sufficiently shewed and thereof it ensueth that the elder had not this in his owne person onely but rather illud idem in persona ipsius residebat ab ea tameÌ„ diuersum seperatum illudque idem est acsi non filio id est certae personae lex ipsa detulerit sed liberis i. genero cognato primogenito datuâ—â— fuerit which may stand for an aunswer to the text before alleadged to the contrary of him qui filio tutorem dederat vt nepoti dedisse non videatur 12 The last reason is taken out of the text of the custumary of the towne of Paris the head Cittie of the Realme whereby the vniuersall Estate thereof should be ruled Now by the same it is expressely inferred that the representation can take no place in collateral ligne except betweene the brother and the brothers sonne in the pertition of their deceased brother and vnckles goodes neither hath our writer forgotten to say that it is the order of the Romaines lawe conteyned in the auncient decrees of the Emperours before the which in the olde decemuirall law there was no representation in collaterall ligne Herevpon wee maye alleadge reason of double difference first in respect of the Ciuill law which hath had no consideration at all of enheritaunce vndeuided and not subiect to pertition amoÌ„g successors as also it hath not respected senioritie or innioritie of the heires of the deceased but being in like degree hath equally acknowledged them in the succession to them fallen whereupon it followeth that sith contrary to our pollicie moribus ferè iure gentium omnium instituta require these two qualities in the obteyning of a Realme that is that onely one and he the neerest but among those of equall degree the first borne bee preferred The same lawe and obseruation of birthright might and ought therein to haue perpetuall place of representation which it hath as is largely before discoursed so that to argue betwene the qualities of ciuill and Romaine enheritances and ours both politicall and quite altered there is vnder correction no purpose reason or apparance The other reason shal concerne the article of the customary of Paris which cannot bee vnderstoode of the succession of the Realme because therein the neerest successor to the Crowne is not therefore called heire of the King last deceased to cause in this controuersie the coÌ„mon rules of successors are to be obserued but the Realm belongeth to him in vertue of the common lawe thereof whereby the next male of the bloud Royall must succeede not in qualitie as owner of the goods of the last enioyer of the Crowne but by his birthright although in troth in whatsoeuer concerneth Commonwealth and commoditie he bee bound to keepe and obserue the couenants and agreements of his predecessor and therein onely may he be accompted heire to the King whom he hath succeeded These bee the strongest reasons that those of the contrary opinion can alleadge which also I haue further augmented then our writer least it should seeme to the learned Lawyers to whome onely in this last article I meane to speak that I would omit or dissemble any thing that thei could imagine against the trueth which by this meanes I thincke to haue layd so open for that euery one may perceiue it an easie matter to aunswer all their friuolous allegations by the grounds of the knowledge of the lawes which both the one and the other would vse Wherefore there is no more for the Frenchmen to doe but when occasion shall fall out to resolue vpon the most certaine and reasonable opinion for the sayd Lorde King of Nauarre sonne to the elder brother allowed by a great number of Doctors both Canon and Ciuill euen by the two notable lights of the Lawe Innocent for the Canon lawe and Barthole for the Romaine pollicie who make no difficultie thereof neither is the doubt dispersed ouer the Land to any other ende but to destroye both the one and the other and so to giue opportunitie to a third to become Lord of the Realme vnder whom this Estate will neuer florish and the tyrant the instrument of the deuill who durst enterprize the same shall perish miserably with all such instruments as to that effect he may haue vsed Let therefore the perturbers of the peace of this Realme if they be I say not Christians but euen men capable of naturall reason ponder not the politick Iustice of the societie of this ciuill life but onely the hazard wherin they shal at once plunge their memorie honor wealth life and soule and they shall see vnlesse they will wilfully bee blind those men that shal most employe them selues in fauour of the detestable conspiracie now discouered by all good Frenchmen remaine also ouerwhelmed in the greatest miserie and ruine which shall leaue vnto them more affliction without comparison then to the veriest clownes and poorest pesants in the countrey ouer whose bellies they shall so often haue marched because at y e least the life peace of conscience and diuine vengeaunce shall staye in fauour of these when the others may assure themselues of the losse of the loue of God the light of the worlde and their good fame with y e posteritie for hauing tainted their hands in the bloud of their Kinges Princes and fellow countrymen and for euil entreating them and assisting
such writings as guiltie of treazon haue dissembled this meane and flatly disaduowed the miserable wretches who for the publishing of these vntrueths had hazarded their liues But returning into the path of their first entent since the death of Mounsier the Kings onely Brother they haue perswaded themselues that his Maiestie may one day happen to dye without issue But howsoeuer it be prouiding long before for their affayres they haue coasted and sought to winne one of the first Princes of the blood discended of the house of Bourbon the true and onely Heyre of the Crowne if it should please God so farre to punish vs as to depriue vs of our good King without issue male and haue gone about to perswade this Prince that it is he who ought to be the lawfull successor and therefore that he had neede presently and alreadie to cause the same openly and with effectual and stroÌ„g reasons to be published 6 Wherein both the one and the other doe highly offend the Kings owne person in that in his life tyme they dispute of succession which if it might please God to sende him a sonne to enioye it shall neuer fall to them besides that thus thei seme to coÌ„spire his death which in effect is as much as to league themselues against nature against good maners against Christian pietie against that good will which we owe to our King vnto whome we are bound to pray for good wish for good and prognosticate good and therfore to waite for such his hap and misfortune is repugnant to all lawes ciuill and naturall Neither can good men like that against the Kings will and during his life men should argue or call into questioÌ„ the doubt of his succession which is nothing so long as it shall please God to leaue him in the world Vpon this cause did the fifth Counsaile of Toledo in Spayne which was holden during the Popedome of Honorius the first about the yeere 622. in the tyme of Heraclius the Emperour and Chintillus King of Spayne by decree excommunicate all such as do enquire or seeme to haue any care or doe seeke to vnderstande who shal be their King after him that hath the Scepter Because then saith the text it is repugnant to pietie and daungerous to man to thinke vpon vnlawfull matters to come or to enforme themselues of the accidents of Princes or in respect thereof to prouide for the time to come for it is written It is not for you to knowe the seazons and tymes which the Lorde hath reserued to himselfe wee doe by this decree ordeyne that if there be any informer of such matters and who during the Kings life respecteth any other in hope of the Realme or that allureth any vnto him in that respect that the same be by senteÌ„ce of excommunication banished the companie of the Catholickes The same decree was reiterated in the sixt Counsaile holden in the sayd Towne of Toledo whereto was added a very conuenient reason whereby the Authors of such discourses are reproued as men curious of the tyme to come whom God will not peradueÌ„ture permit to attaine thereto Mark therefore how such people who would bee taken to be zealous of Catholicke religion and the Commonwealth do by making such questions offend God and his holy Church 7 Furthermore this good Prince of whom they seeke to make a buckler is if it please him to consider that these alterations are wouen for the subuertion of him and his famelie to the ende that beeing by the force of the same disunited and deuided the Authors of this faction may remaine Maisters of both partes and by the losse of the one may more easely disperce the other That this is so it appeareth by that Lybell that secretly they disperst abroade into our hands wherein is one of the most impudent maximes that they dare set downe namely That no one of the Princes of Bourbon and doe expressely name the person of the Cardinall vnder whom neuerthelesse they would shroud theÌ„selues is capable of the succession of the Crowne of FraÌ„ce because now they are growne beyonde the tenth degree of agnation to the royall house whereby onely enheritances and successions are by the Ciuill lawes deferred to the neerest and beyonde the which also the heritage beeing vacant shoulde come to the fisck which in this cace is the assembly of the Estates and Peeres of France who are to proceede to a newe election But herein they doe malitiously deceiue themselues because the royall title of the Crowne of Fraunce is not simply a patrimoniall enheritance or feudal neither runneth by simple enheritance ciuill but the neerest of the bloud royall is thereto called by succession and surrogation perpetuall without ende after the order of consanguinitie or masculine agnation whether he be or be not particuler heyre to the King deceased in his owne proper goodes Also say our Maisters this right of the Crowne is in deede not hereditarie but of the famelie and of whom soeuer appertaineth thereto notwithstanding no one of them might be heire to the deceased Wherevpon Balde others that haue particulerly written of the succession of this Realme doe vpholde that therein succeedeth the next of the Kings bloud being come of the male although he were 1000. degrees of and that by the right of bloud and perpetuall custome of the Realme therein bringing for especiall example the famelie of Bourbon which onely after the famelie now raigning is to succeede in the Crowne of Fraunce Besides that returning to our purpose all the reasons that may be alleadged in the behalf of this Prince or of any other whosoeuer except of the King of Nauarre haue so small likelihood that euery one may soone iudge that those that haue set abroach this matter are mere perturbers of the peace and lawes of this Crowne particuler enemies to the house of Fraunce but chiefly to the sayde Lord Cardinall of Bourbon in that they endeuour themselues to ship him in this so vniust a quâ—rrell and to perswade him to leaue such a blemish to his memorie that the posteritie maye saye that so great a Prince as hee wise and discreet a Clergie man euen from his youth being now come to y e Graues side should without reason bend hymselfe against his owne blood and peraduenture be an occasion or instrument to the enemies of his Family to depriue his blood of so faire great and mighty a realme which the lawes thereof hath prouided them if God should not send the King now raigning a sone 8 Now to the end to lay open mine intent I willl say no more but the trueth which is that among all such as professe obseruing of the estate and gouernment of auncient common wealthes this Realme of Fraunce will appeare to be one of the most assured and best ordered that euer was in the world which also through the Lawes and politicke gouernment thereof hath longer continued then euer did any other Monarchie howe
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
an example to all other to the ende no straunger doe presume to violate and taint the Maiestie of the Realme of France 12 To all the premisses to the discourse of the duetie and respect that subiects owe in our cace to their Kings and Princes the disturbers of the peace lawes of this Realme doe aunswer perticulerly against the King of Nauarre y ◠he shal neuer be King of France before he bee after the auncient maner obserued as they weene euer since Clouis the first Christian King consecrated annoynted and crowned and that nature onely cannot make him King without the ordinary Ceremonies obserued at the comming in of a new Prince And so cōsequently they dare inferre that notwithstanding al our former discourse be true yet can it not bee applyed to the sayd Lord King of Nauarre to whom the French men cannot be boūd without his annointing and coronation which the Catholickes will neuer permit vnlesse he abiure the pretended reformed Religion Also that in cace they shoulde withstande him yet should they not thereby withstand their King but a pretender to the Realm But in trueth herein lyeth the difficultie of the matter wherwith they seeke to deceiue the ignoraunt For this they must know that in Realmes successiue as is ours the King liueth perpetually and leaueth the Realme to his neerest by vertue of the law successiue By reason whereof he is true and perfect Lord before he bee crowned neither doth his coronation serue but for a declaratiō and publication of the honor of the marke of his calling which was obteyned to him before both by nature and by the lawe of succession which needeth no further declaration of the successor in that it is not simply hereditarie to the deceased but custumary and legitimate at the very instant of the former Kings decease which seazeth not the natural successor of the Lordship and royall power onely but also of the possession and effectuall enioying of the same Wherevpon all our Interpretors doe maintaine that in feudall causes and matters the successor is in a maner seazed in his predecessors life tyme vnder whom he is halfe possessioner without any further inuestiture especially in our France where it is obserued without contradiction For that concerning the Realme the coronation ensuing is but the habite and royall ensigne and therefore al good men will graunt that the King is annoynted and crowned because he is King but contrariwise that he is not king because he is crowned for so theeues and Tyrants beeing the stronger might become lawfull Kings and with ouer much facilitie alter the cause of their possession through that ceremonie So was the Emperour of the Romaines lawfull after he had beene elected and saluted in testimonie and for a proofe of which election only he set a Crowne vpon his head a Scepter of Iuorie in his hand and beeing apparelled in a Purple robe did alwaies walke forth with fower and twentie Huissiers euery one bearing a Torch and an Axe It was was moreouer a custome to carie fire before the Emperour after the auncient maner of the Kings of Persia who went to Pasargades that the Priestes might there consecrate them in a Temple dedicated to one of the Goddesses of warres where the Prince putting of his own Robes did put on the same that the auncient Cirus vsed to weare before he was King he also did eate of a Cake made with Figges and Turpentine and drancke a potion made of Vineger and Milke The auncient Kings of Greece in liewe of a Diadem were wont to cary a Speare or a Staffe which the Grecians termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Romaines sent to him to whom they gaue the royal dignitie a Crowne of Golde a Cuppe and an Iuorie staffe and afterward added the seate or chaire fashioned like a Chariot Afterwarde when Christianitie was planted in the hearts of the people hauing proceeded to the election of the Emperour and being agreed of his person the maner was to cause him to sweare yea sometymes by his handwriting to subscribe that he would stay himselfe vpon the doctrine confirmed by the Catholick Church and the oecumenical Counsailes of the same and that he should not raise any trouble in the Church of God after which protestation the Patriarke of Constantinople in the peoples sight set a Crowne vpō his head girt a sword about him presented him a Scepter and put a gold Ring vpon his finger The tokens of the Germaine Emperours are by the decree of Charles the Great a Scepter a Sword a Speare a Cloake a Chaine a Crowne a Crosse like a Spheare a Buckler an Eagle with 2. heads a purple Ensigne all which are deliuered to him by the Archbishoppes of Cologne Mentz and Treues Like as the Archbishop of Toledo doth the office at the coronation of the King of Spayne the Archbishop of Canterbury at the King of Englands the Archbishop of Mentz at the Bohemians the Archbishop of Strigon at the Hūgarians the Archbishop of Guesne at the Polonians the Archbishop of Vpsale at the Danes the Archbishop of Tours at the auncient Kings of Armorica which we cal Brittaine the Bishop of Pampelune at the King of Nauarres euen as in our France it is the Archbishop of Rheimes that crowneth and annoynteth our King although sometymes it is done in other places As we reade of S. Lewes who was sacred at Soissons others at Orleance whom before the tyme of Christianitie they vsed to proclaime by lifting thē vp and shewing them vpon a buckler But it hath since beene thought more expedient to minister these ceremonies in the assembly of the Church there to call God to witnesse of that faith which the subiects vowed to their Prince and of that duetie wherein the King bound himselfe to his Estate to the ende also that afterward the people might knowe that from a priuat and perticuler man that he was wont to be he was now promoted to the Empire to the end to commaund Thus did Atatolius first deale with the Emperor Leo the first in the yere of Iesus Christ 461. and Euphemius with the Emperour Anastaze in the yeere 494. of whom hee exacted a perticuler promesse in writing because both before and at the tyme that he was proclaimed Emperour he had bene and still was an Eutichean hereticke whose errors had bene condemned by the decrees of the Counsaile of Chalcedō holden in the presence of the Emperor Martian in the yeere of Iesus Christ 455. Of later daies immediatly vpon the decease of Iustinian the first they added that the Patriark of Constantinople should after the example and imitation of the Kings of Iuda consecrate annoynt and crowne the Emperours with a Crowne of Golde in the assembly of the Church which was first obserued in the Emperour Iustin the second and afterward by Pope Leo the 3. translated into the West to the behalfe of Charles the Great before whom or
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
the same Testament as we The whole controuersie betweene them and vs consisteth in that that they finding many mens additions and constitutions in the Church and among the simple and pure ordenances of the Gospell doe craue pourging and reformation and in cace of refusall thereof for feare of their soules and desire of saluation haue withdrawn themselues as men content with the simple forme ordeyned in the Primitiue Church wee haue thought that sauing our consciences wee may stay therein attending necessary reformation Either of vs seeke saluation and tend to one ende and by the same meanes are all one and the same woorke of Gods hand all faithfull seruants in the faith in one Baptisme all Grapes of one Vine yea all braunches of one Grape wee must therefore knowe why one should be an Hereticke rather then an other sith wee are all of like faith vse like bookes tend to like end This is it in my iudgement that causeth the King of Nauarre to complaine that wrongfully he is termed an Hereticke before his opinion hath bene condemned in a free holy and determined Counsaile whereat euery one may safely appeare As for the obstinacie to him obiected I would weete for what benefite hee should in this cause bee obstinate what good what aduancement what peace what ease may he therein hope for He hath habandoned the Courte of his Soueraigne Lord the King he hath long through the subtelties and slaunders of his enimies bene out of his fauour which is the mishap that with greatest impatience he hath borne Hee hath bene depriued of most of his houses alwaies in the fielde sometimes badly prouided armed enuironed his life in a thousand daungers where as otherwise he had bene assured at his Maiesties handes of all fauour amitie honor peace and humaine felicitie Any man therefore of iudgement can neuer be perswaded that this Prince whom in other matters we know to be wise and discrete would haue chosen to haue spent the most parte of the flower of his youth in miserie and perpetuall care only vpon a contradictorie and obstinate mind not proceeding other theÌ„ froÌ„ his affection to the honor of God and the saluation of his soule Moreouer besides the infinite abuses of the sayd Counsayle whereby it is vtterly none it is not vnknowne to al men that in France the King of Nauarre is not such a one as by the policie of the Realme ought to bee depriued of the succession of the Crowne when it should fall to him because those of his partie liuing therein vnder the Kings good liking and obedience are not incapable to enter vppon all kinde of goodes and inheritances which to them may apperteyne either naturally or ciuilly according to the lawes commoÌ„ly receiued in this Monarchie by the ordenances of the generall Estates of the same as the subiects thereof doe knowe ordinarely it is adiudged in the soueraigne Courts of France therein ensuing the Edicts made within these twentie yeres vnder Charles the nineth and Henry the third now raigning so as to esteeme the sayde Lorde King of Nauarre to bee in worse estate concerning succession in the Realme then the meanest subiect thereof and to his preiudice to restrayne the publicke and generall lawe were vnder correction besides all reason order or apparance sith the cause both of one and other is all one These bee the effects of the reasons which euery one according to his capacitie may extend whereby the sayd Lord King of Nauarre sayth and vphouldeth that he is no Hereticke First the lawe and decree whereon the enemies ground their slaunder which is the Counsayle of Trent is argued of diuers nullities That we must accoumpt of it as of foreiudgements for the force of law is to be maeinteyned vntill the cause of Nullitie be decided with this exception Quod praeiudicium legis fiat Especially in France where the most Christian King and Soueraigne Courtes did neuer approue the sayde Counsaile as it is most certaine and euident So that although the nullities thereof might bee couered vnder a consequent approbation of the Counsaile yet could not that take place in this Realme which by the testimonie of the Popes themselues is not bound to take law or to accommodate it self to the sentence publication or pleasure of any Prince or Potentate whatsoeuer in the world Let therfore the Spanyard or Sauoian coÌ„pell their subiects to liue according to the decrees therof yet haue not the most Christian King and his Parliaments prescribed it for a lawe to them selues Besides to come more perticulerly thereto the King of Nauerre notwithstanding he bee a Christian King and soueraigne Prince and so acknowledged by his aduersaries especially by the Pope yet was he neuer summoned or heard in the sayde Counsaile so that consequently the decrees and iudgements there passed are not deemed against him to binde him either to force him to the obseruing of the same Againe admit hee had bene heard also that the lawe of the CouÌ„saile of Trent had bene lawfull yet who did euer heare that the sentence of death or other punishment was executed against those that sinned or did transgresse the law contrarie to the order established but y e Magistrate Guardian or Priest thereof had first examined heard or conuinced them at the least called summoned proclaymed theÌ„ to the outlawrie or otherwâ—se after exact obseruing of the solemnities of law Doe ye vse my Maisters to sende euen the ranckest thiefe in the worlde to the gallowes without other forme of lawe Will ye then execute your passions vpon one of the greatest Christian Princes that Heauen hath permitted to bee borne capable of ruling you whensoeuer it shal please God to permit or depriue him of that right which Nature hath giuen him without hearing or summons either vnderstaÌ„ding of his reazons Is the maner to proceede in such causes to come with the sworde drawne and force men to beleue you at whatsoeuer price Wil you be his Iudges that be his enemies and are armed to depriue him of his life and goodes Shall the Pope whose reformation is chiefly in question bee his partie No no Warres and weapons were neuer meanes to atteyne to vnion If one be in the darke meÌ„ vse to light him and not to cut his throte If he be infected he must be washed not drowned If he bee sicke tende him ende him not Who so will reunite the Church must seeke to bring backe those that are out of the way and to call againe such as haue strayed for on the other side warre and rigour tendeth to stay and roote them out not to bring them againe but to make them to be no more at all which in deede is a remedie worse then the disease For so meÌ„ may say we haue but a bad cause in hand when in liew of reason we haue recourse to force But Christians what must ye then do as men capable of reason ye must conuince the King of
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
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
the Tyrants tormentors of their consciences and abusers of the honors that they haue receiued of our Kings and the Princes of the bloud of the house of France Let them marke the miserable ende of Absalon and Achitophel his counsaylor against the Maiestie of Dauid of Adonias Athalia and infinite others who with their conspiraties haue dyed in confusioÌ„ and miserie Oh noble Frenchmen will you abide in the world I will not say to looke vppon but which is more to hasten and aduance the cursed drift of the translation of the scepter of the Flowerdeluce out of the hands of your King and the Princes of his house to whom only you doe owe your condition your welth and your very life not in courtesie and honestie onely but by Gods expresse coÌ„mandement who hath therewith burdened your consciences Wil you more then villanously forgoe that great commendation which all nations in the world haue so greatly commeÌ„ded and honored in you for being more faithfull and ielous of the hononr and seruice of your Kings and Princes of their bloud then any nation that euer was vpon the face of the earth Will you stand as instruments and offer the ladder to those y â— wrongfully would make them selues Kinges and cause you to commit the most abhominable fellonie that euer was conspired Doe you not plainly see that those who doe sollicite you are not able to vphoulde you as hauing no other meanes then such as your enemies minister vnto theÌ„ to whom both you and they shall serue for pasture the next day after Is it not most certaine that they cannot pretend sith God hath giuen vs a King I will speake without sâ—atterie as wanting the honor to bee knowne of his Maiestie of whom the least of them can not saye the pertinent occasion of his discontentment but yet when GOD shall haue wrought his wil vpon him are ye not certain who ought to be his successor Liue you not vnder a Christian Monarchy that hath lawes established for that purpose Would you liue to be called corrupters and perturbers of the foundations of the Crowne vnder the which and by the succession whereof your fathers haue obteyned and left vnto you the name honor and title of Nobilitie which ye beare What weene you the curious posteritie may thinke of you when they finde it written that the French Nobilitie tooke Armes against their King to name vnto him a successor and vnder the pretence thereof to depriue him of all authoritie respect honor vnto him due euen by him that should succeede him according to the Salick law who with this declaration should stil be assisted by these firebraÌ„ds of this tyme to the ende to make him withstand and ecclipse the bright sunne of his Maiestie What opinion would you wish Christian Princes to conceiue of your fidelitie when they shall knowe that without regarde of your bond to this Crowne you shall haue assisted the enemies therof against your King and the Lawes of the Realme Would you your King should haue occasion of ielouzy against him whom they pretend to cause to be nominated who also by such as shall haue aduaunced him might bee perswaded to lift his hornes ouer high and so to become a censor ouer his Lorde To be briefe I tell you the world could neuer beare two SuÌ„nes What greater recoÌ„pence may ye hope for of straungers that you knowe not then of your naturall Princes whoÌ„ God by his holy wil hath established ouer you Is it not felicitie enough for you to bee borne men to bee made Christians to haue bene brought vp Frenchmen See ye not well enough that the Lord Cardinall of Bourbon is but the vizard and pretence to runne into armes for the glutting of their ambition there is great zeale and likelihood in their deedes wheÌ„ they would name a successor aboue 60. yeeres olde broken and crooked to succeede a young King healthie lustie moderate in his exercizes and maner of dyet yea and all this contrary to Iustice and the lawes not onely of this Realme but also of all other the best ordered Estates that euer were whereby together with infinite reasons I haue shewed you that it is the King of Nauarre to whom the same should apperteyne Shall I with Cicero speaking of Cesar and Pompey tell you all They here offer vnto vs y e Image of the Lord Cardinall of Bourbon but would set vp their owne They will with that good man arme them selues and become more Kings then he whoÌ„ they make shew to loue more then any other and yet doe they loue themselues better euen to the preiudice of your honor life memorie and reputation if ye take not heede so that God will vndoubtedly suffer them to be swallowed vp when they haue bene the occasions of infinite murders robberies and spoyles For the letting whereof as also of all other mishap or destruction that wee attende of such ciuill warres as vnder this contention are brewed let vs withdrawe our selues to God and most humbly beseech him to order our hearts in one consent according to his holy will to the ende according thereunto wee may acknowledge and embrace our King who is the same to whom next after God we owe al and after the diuine power ought to bee vnto vs aboue all Let vs also weete that next vnto him we are bound to haue respect vnto him whom it hath pleased God to cause to be borne into the world to gouerne vs in the Royall dignitie whensoeuer it should please him to call away our king without issue capable of y e Crowne and together with him whom for vs he hath elected and blessed in his mothers wombe let vs with one heart and minde crye peace peace bee among vs glory to the Lorde on high and peace and good will vnto men Amen FINIS Sigisbert in his Chron. Sigisb fol. 233. Idem fol. 595. Idem fol. 596. Idem fol. 597. Idem fol. 599. Idem fol. 601. Sigis. in his Chron. Heman in his contraction of Chron. Idem Sigis. fol. 611. Idem fol. 612. Idem fol. eodem Munster Cosmog Sanso in his Chron. Vign in the orig of the French leg Salic lib. p. ca. 26 Paul Aem. in Philip. Vales Concil vol. 2. cap. 4. fol. 739. I. vel agnatis ff de relig l. ius sepulchri C. cod Ign. in disput an rex Franc. recog snper Mol. in coÌ„s paris tit p. ff 8. Bald. in ff vnic de feud March Ioh. de Teran in lib. coÌ„t reb reg Tract p art p. coÌ„cil 9. 10. 11. 12. Guil. de Month. in tract de suc reg Franc. l. 9. ff desp l. 32. parag si quis spon sam ff de don int vir l. 66. ff de iur dot l. 65. ff de don int vir l. 30. ff quand die leg ccd â— 10. ff de cond de monst l. 13. parag si minor ff ad leg iul de adult l. 4. ff de rit nupt l. 17. 18 ff de
cursed and detestable pretence are like to bee kindled will seaze vpon al degrees haue beene to mee as a spurre to hasten my penne to aunswere these damnable writings fearing least the people should suffer themselues to be won thereby so might withstaÌ„d y â— truth equitie if euer occasioÌ„ to debate thereof were ministred or that these preteÌ„ders should propouÌ„d or bring this coÌ„trouersie in questioÌ„ I doe therefore most humbly desire the French Catholike Reader laying a way al passions to cal to mind first the bond commaundement wherein by God he is bound to the King and the Princes of his bloud according to the order and natural succession by the Lawes of this Crowne Secondly the loue of his Countrey considering wee all are men all Christians all Frenchmen and al louers of our selues that if we should stoope vnder the yoke of these tyraÌ„ts that would bring vs into subiection and abuze vs with lyes falshoodes and forged titles they would afterward beare vs the like minde and their faith as tainted corrupt as by corruption faâ—â—ehood and vntrueth they had abused our simplicitie and suborned withdrawne vs from the obedience of our true and natural Lords For in asmuch as they are deriders riders and contemners of God in whose name they haue dared to begin and endeuoured that the most abhominable fellony that euer was might be made manifest to all it can not be that wee should looke for any other thing of theÌ„ but that hope that they haue conceiued to entreate and handle vs after the Turkish manner with a more detestable daungerous inquisitioÌ„ then that which now raigneth vnder the Spanish tyrannie Let therefore euery person diligently aud faithfully employ himselfe to serue our King and the Princes of his bloud whose cause we ought eueÌ„ with the price and venture of our liues to vphold to the end the state of this Realme being assured at the least our childreÌ„ may liue peaceably vnder the obedieÌ„ce of their naturall Lords who by that meanes shall haue the greater occasion to cherrish and entreate them well as they haue done vs remembring that with the grace of God by our fidelitie loyaltie they haue bene preserued in that greatnesse and dignitie wherein the diuine goodnes hath suffered them to bee borne in this Realme to the glorie of the King of Kings to whom only it be and remaine euerlastingly So be it FINIS The names of the chiefe Authors cyted in this Apologie ABbot of Vspergue Ado of Vienne Aegn Agathius Aimoinus AlexaÌ„der the Martir S. Ambrose Anges Antonius Appian Aristotle Auentinus Augustin de Ancona S. Augustin Baldus Bale Benno Blondus Capitolinu Cassiodore Charles Molins Chron. of Chronikles Chrisostome Collenutius Counsailes Cromer Decrees Decretals Demosthenes Dyon Dionis of Haliâ—ar Doctors ciuil and Canonistes Edmond Boulay Euripides Eusebius Floart Fulgentius Gaguin Garib Geof of Viterb Geof Ardoyn Goth. Iornandes Gratian. Grego of Tours S. Gregory Guichardine Guil. Occham Guil. de Monte. Heman Herodote S. Hierome Hillary Hostiensis Iames de Terano Iohn Andrew Ignatius Illustrations of Gaule Innocent 3. Pope Io. Magnus Iohn of Terrano Irineus Isidore Iustin. Iuuenall Lawyers Ciuill and Cannon Maister of Sentences Marianus Siculus Martinus Polonus Massaeus Matthieu Zampin Molinaeus Munster Nicephorâ—â— Niceâ—â— Vignier Nicol. Aegidius Nicol. de Vbald Oldrad Onuphrius Optatus Milcuitanus Osorius Otho of Erisingen Paulus Diaconus Paul Emile Pausanias Platine Plin. Jun. Plutarque Polid. Virg. Procope Regino Renatus Chopinus Richard of Wassenbourg Robert Cenalis Rozieres Salicke law Sanctiones Pontif. Iuris Orient Sansouin Sigisbert Socrates Sosomenes Strabo Suetonius Tacite Tertullian Tiraquell Tite Liue. Tritemius Turpin Valere the great Vgo Gemblac Vigneus Vincent Historial Witichiâ—dus Xiphilinus ⧠THE CONTENTS OF THE first part of this Booke 1. The causes of the troubles of this Realme 2. The Genealogie of the Lords of Lorrain by Edmond Boulay 3. The true discent of the house of Lorrain from the Counties of Louayn 4. The Salick Lawe taketh not place in the Duchy of Lorrain 5. An Inhibition not to dispute of succession during the kings life decreed by the Counsails 6. The Realme of France is successiue not hereditary 7. The nerest male in blood by agnatioÌ„ succedeth in whatsoeuer degree 8. Realmes successiue are more perfect then electiue 9. Sainct Lewes the common stocke of the house of Fraunce Bourbon 10. Robert S. Lewes yonger Sonne His mariage with the heyr of Bourbon The cause of the name of Bourbon in that family the erection thereof into a Dutchy The Countie Dauphin of Auuergne in the house of Bourbon 11. The Alliance of the house of Sauoy Bourbon 12. The cause of discoÌ„tentmeÌ„t of Charles of Bourbon Baronage of Mercure issued out of the house of Bourbon The erectioÌ„ of the Dutchy of Montpensier 13. The CouÌ„ties of Vendosme Castres The principalitie of Conde others in the house of Bourbon 14. The first Alliance of the houses of Bourbon and Nauarre Iames of Bourbon King of Naples The erection of the Dutchy of Nemours 15 The alliance of the house of Boulogne and Bourbon 16 The erection of the Dutchy and Pairry of Vendosme Antoinet of Bourbon wife to the L. of Guise A Catholicke Apologie against the Libels Declarations Aduices and Consulatations made writen and published by those of the League perturbers of the quiet estate of the Realme of France who are risen since the decease of the late Monsier the Kings onely brother By E. D. L. I. C. 1 IF wisely we do consider the ambitioÌ„ of some that are borne nourished and brought vp in the greatest honors wealth and fauours of this Realme we shall as it were with our fingers touch and euideÌ„tly perceiue that they resemble y e same which the auncients doe write concerning Vipers who doe eate out the entrailes of her that giueth them life and doe malitiously endeuour by such ciuill wars as they haue kindeled in this Estate within these 25. yeres to become as occasion may serue masters aud vsurpers thereof by such sleights wresting the true French from that bond and duetifull good will that they ought to beare to their naturall Princes For it is most certain and vnfallible that as the course of the Water mainteineth the Riuer so the continuance of ciuill warres yeeldeth the bad mindes of the people immortall yet are wee neuerthelesse so blinded vndiscreet and vnconstant as neuer to haue had iudgement to knowe our disease since the time we were first afflicted with the condition of such as can not bee satisfied with the Dominion of the whole world and who voluntarily doe hazard whatsoeuer their owne assured as welth quiet and life to make themselues Lords of that which they can conceaue no hope of without merueilous effusion of blood and vtter ruine of their Countrey Whereunto vndoubtedly it seemeth that time through the diuersitie of religion among vs hath inuited them as also in that they see a number of our
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
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
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
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
infected with the error of Eutiches Heraclius was a Monothelite The stories are ful of many Popes of Rome heretickes adulterers Magicians Scismatickes and men confect in a filthie quagmire of vice who all neuerthelesse did peaceably by Gods will sit in Moses chaire to the ende to punish and afflict his flock as he hath thought good by such Tirants whom with his owne hand he chose to be the executioners of his iustice and against whom the people neither ought nor might conspire for saith Panormitan sith they are not free but subiect they haue no power to transferre the iurisdiction or conferre the title neither is he accoumpted to haue giuen that hath no right to giue In an other place the same Canon Doctor writeth that the vassall cannot consent in the person of any other then his Lorde no not by prorogation of power to that purpose alleadging many other skilfull persons opinions Howbeit all good Catholickes doe to their great griefe knowe that most of the Ecclesiasticall persons and Clergie of Fraunce doe seeme to bee parties in the Conspiracie that long since haue bene deuised against the state of this Crowne which neuerthelesse I can hardly beleeue notwithstanding I heare our ordinary Preachers openly in the chaire of trueth and humilitie preach warre bloud weapons rebellion and contempt of y e King and the Princes of his bloud a matter detestable and abhominable before God 9 My Maisters ye Bishops Priestes and Doctors what weene ye to doe Is this the commaundemeÌ„t of God Is this the doctrine that ye are bounde to plant in the Christian Church Is this the light that you shewe to the flocke which God hath committed vnto you Is this y â— peace that you ought to teach and for the which the Church poureth foorth her daylie supplications What correction may the people look for at your haÌ„ds whiles your selues are the authors of euill Wil you doe or say as Lucifer I wil ascend into heauen and become like vnto the most high God Will you iustly haue the name to be the very enemies of God who commaundeth obedience onely to the Kings and powers that he hath established and who taketh no delight in any thing more then in peace hating all shedding of bloud Doth the way to cure the rage of poore mortall creatures consist in vnclothing them of all humanitie in thrusting into their fist the sword wherewith to make away them selues by the authorising of their furie with your decrees nay which is more by stirring them thereto through your Sermons May wee not reproach vnto you that which Ieremie prophesied in his tyme The Prophetes haue prophesied lyes the Priests haue approued theÌ„ and the people haue embraced them Must we needes say of you as Ezechiel writeth of your like I will stretch foorth my arme ouer their Prophetes that see lyes and those that tell fables or do not serue for discipline to my people whom they haue seduced saying The peace of God bee with you and yet it is not peace that they seeke My Maisters this is not the fruit of the spirituall doctrine that you haue in custodie beware it be not sayd of you that an euill tree cannot bring foorth good fruite you preach warre rebellion disobedieÌ„ce you contribute to Conspirators against your King and the Princes of his bloud you deliuer the Townes to them and doe put your flockes into their hands you seeke out straungers to rule ouer you and doe set them against your King where will you become Is this the Catholicke and Apostolick doctrine that you doe sowe Knowe you not that Iesus Christ is the foundation of the Church so that whosoeuer will lay any other shall destroye himselfe and whatsoeuer he dare vndertake Is not the doctrine of Iesus Christ peace humilitie obedience and clemeÌ„cie Is it not written of you Bee yee wise as Serpents and simple as Doues Are not you termed the sault of the earth which beeing shed abroade where may wee gather it againe I wote what you will say There be say you a number of heretickes which must bee rooted out with the sword because their life is repugnaÌ„t to Gods honor No no my Maisters you are yet deceiued for you must first shewe how they bee heretickes and for such cause then to be lawfully condemned which as yet you haue not done because in â—rueth your pretended CouÌ„saile of Trent whereby you haue condemned them was not lawful as the King of France confessed euen while it was assembled and therefore did not onely forbid the Bishops of his Realme your predecessors to go thereto but also by his Embassadour did protest that he could not accept it for a lawfull and generall Counsaile but onely for a particuler assembly gathered together for the profite and authoritie of the Pope and King of Spayne vnto whom they went about to giue the presedence aboue the most Christian Maiestie furthermore declaring that he ment not that he or his subiects should any way be bound to the decrees thereof but that contrariwise he was determined if neede were to employ all remedies necessarie which his predecessors had in like cace vsed to procure the disanulling of the same Besides I saye vnto you that weapoÌ„s are not the meanes to cure this mischiefe Know you not that the doctrine of Religion either the error thereof is a disease of the Soule and minde seeke therefore for your partes the spirituall Medicines wherewith to heale the same as admonitions prayer fasting amendment of your liues which are the true and onely Weapons of Gods Church But what are you not content with the extreeme diligence and care of our most Christian and Catholike Kings for the revnion of their people into one only Apostolick Romish Religion what haue wee gotten by so many fyers so much blood such battailes and destructions within this Realme for the same Those that nowe would rule you are they not the same persons that led the armies and practized y â— occasions of the passed wars haue they not sufficiently proued that neither ster nor sword are meete remedies for this euill that in one day of such troubles Gods Church is more hurt and offended through the disorder of one lewde Souldier then in a whole yeere of pacient tolleration whereby God may be deuoutly serued the King honored the Clergie assured the Lawe feared the gentry cherished and the people eased to bee briefe euery one by little and litle reduced into the waye of good life which to bee briefe are the effectes and glorie of the militant Church and of the good Shepherdes of the the same Wee haue burned them quick they haue quenched the fiers with their blood wee haue drowned them they haue Spawned in the concauities of the water we haue murdered them al in their sleepes within few daies they haue reuiued againe We haue fought with them and beaten them but haue not cast them downe To be brief if we consider how we haue
shewe you the welth of the Church bringeth you into suspition among both rich poore Theeues and Slaunderers that seeke your spoyle besides that you are therby filled with cares lyings in waight braules strifes hatered feare couetousnesse and perpetuall sorrowe such as the miserie of our worlde can teach vs wherein it is true that the most part of the Clergie haue no other minde neither doe moue warre for any other cause but onely for feare of losing so great rents and reuenues which wrongfully they deuour out of the goodes of the poore Whereby wee may perceiue that in such men we haue no more left but the shadow remembrance and be wailing of the Christian Church springing and florishing in pietie for whose sake the Apostles would neuer possesse any thing and before Gods people nourished the Leuites widowes and Orphans For when the Church thought it good to haue reteine any thing for the reliefe of the poore and of the Pastors thereof it committed the distribution and ordering thereof to such among them as by the Church were thereto elected because the people but especially the Princes were either sworne enemies to the faith and persecutors of the Spouse of Iesus Christ either at the least weake of small zeale or but meanly grounded therein wherevpon the treasure and common Storehouse was vsually committed to the custody of the Bishop as vnto hym that was accompted most glorious in pietie and duetie in the holy distribution that he made whereof he reserued onely sufficient for the necessitie of his owne liuing Like as Socrates writeth that Chrisantus daily reserued onely two Loues for his owne sustenance Of this common store committed to the handes of the Bishop is it come to passe that when hee began to serue him selfe and badly to employ to his priuat commoditie like a thiefe that thing which to hym in the qualitie of a steward onely subiect to render accompt was committed he found him selfe farre richer more mightie and better at ease then the rest of the Clergie and therevpon by the sligtes of the Deuill who had thrust into his hands so much wealth to corrupt the holines example and eminencie of the Church of the sonne of GOD through the euill housbandry of the heads thereof began to bragge aboue all other But so soone as Princes began to taste of and auctorize Catholick Religion they sought also to become Stewards and housbanders of Church goods as making a part of their common wealthes because as Oâ—tatus Mileuitanus did verie wisely say It is certaine that the common wealth is not in the Church but contrariwise the Church is in the common wealth vnder the aucthritie whereof she displaieth the Sunne Beames of her fayre face Herevpon doe wee reade that the Emperour Constantine the great was the kéeper and disposer of the treasure and goods of the Church after the example of the auncient kings of Iuda of whome among other it is found of Ioas the he by the counsaile Ioiadas the Priest fearing lest the Priestes should bestow that money which the people had contributed towarde the reparations of the Temple amisse commaunded it to be put in a Cofer and distributed in the presence of one of his men And in deede at the beginning the Church was vnder the authoritie of Christian Princes not only in respect of the temporall goods thereof but also as concerning the institution of the charge Iurisdiction gouernment and correction of the maners of the Cleargie by the sayd reason of the aforenamed Bishop of Africke whereof I will seeke no better Testimony then that which saint Augustine writeth who teacheth vs that the notice of Ecclesiasticall causes was coÌ„mitted to the Emperour Constantin saint Hierom also aleadgeth very good reasons in his Commentary vppon Hieremy whose opinion is confirmed by Gratian in his Decrees For in troth kings by this care and diligence doe testifie their zeale and pietie to Religion In consideration whereof Gregory reporteth that the first Emperours and Christian Kinges did giue and conferre the Churches in which power the Cannon Doctors Bald. Archid. Panorm and some others are forced to graunt that by reason of their Crowne they are grounded vpon common Lawe And before them Saint Ambrose in his Discourse De tradendis Basilicis did maintaine the same Neuerthelesse such asdoe reade Histories are not ignorant what Tragedies the Popes within these sixe hundreth yeres haue for this article raised against the Emperours of Germany whome in the end they haue driuen to giue ouer the game so as there remaineth but little of that former aucehoritie Royall in Christendome sauing in the Maiestie of the Flowerdeluce which God bee praysed hath hitherto kept it selfe hole and a Virgin and so wil stil keepe it selfe if the good and naturall Frenchmen would put to their helping hand as by y â— oath of Nature that they owe to the Dignitie of this Crowne they are bound For they must vnderstand that it is one of y e greatest points wherevpon the Pope is so importunate to publish his pretended Counsaile of Trent in Fraunce through the assistance of the Spaniard by the ministerie of his Proctors the vnthankfull Nourse children of this Realme for the abasing and deminishing of the dignitie of our Crowne which euermore thankes be to God hath had soueraigne power institution iurisdiction and police ouer the Clergie and the Officers and Magistrates vnder the Kings aucthoritie in his Parliaments greate Counsaile euen since the planting thereof haue power and aucthoritie by appeale of abuse fallen before them by his Maiesties Subiecs to breake disanulle and cut of whatsoeuer shall bee found to haue bene made pronounced decreed adiudged established and ordeined by the Pope the Bishops or other Delegates of the Ecclesiasticall de audience against the holy Decrees Lawes Edicts and Ordenaunces of his sayd Maiestie or arestes of y â— sayd soueraigne Courts because in trueth the Prince is the guardian reuenger and reformer of Ecclesiasticall discipline as the auncient Bishops and Popes more honest and not so ambicious as the most parte of ours haue often openly confessed Yea it so appeareth in the Epistle of Pope Iohn the eleuenth which beginneth Inter claras C. de Tri. written to the Emperour Iustinian at such tyme as no doubt the Church was vnder the dominion of the Emperour as all men may perceiue by the first booke of IustiniaÌ„s Code by his nouell constitutions 3. 5. 6. 16. 37. 56. 57. 58. 59. 67. 83. 117. 123. 133. 146. Also since by the edict of Tiberius the seconde Basil Leo the Philosopher Alexis and sundry other Emperours of the East In our France the Pope and Clergie cannot deny the ordinary collations euermore made by our Kings as testefieth Gregorie of Tours Aimonius with the rest of the auncient Historographers of our NatioÌ„ neither the goodly orders reformatioÌ„s of y e Church made by Clouis in the Synode that he called at Orleans
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
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
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
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
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
to beware of those things that cannot be receiued without great inconueniences Besides that the Iurisdiction and power of the Church extendeth not to temporall goodes or causes but as all men knowe Caesar shareth Empire with Iupiter neither is the Ecclesiasticall power other then Spirituall concerning the Kingdome of heauen and therefore vnprofitably and wrongfully they should thrust their Sythe into other mens haruest and without authoritie or IurisdictioÌ„ should meddle with the gouernment of maÌ„s policie and the gouernments of Realmes or earthly Empires considering the kingdome of God whereof they are Stewards and doe weare the keyes is not of this world As also of such dispensation would ensue to great iniustice because that sith the holy Church giueth remission for whatsoeuer sinne and receiueth the excommunicated after he hath made sufficient satisfaction and done penance worthy his misdeede it should come to passe that such a King or Prince notwithstanding he were reunited to the Church and had satisfied the commaundement thereof must neuerthelesse remaine banished from his estate already possessed by the first of his neighbors that shall haue receiued this rebellious people and of this trouble taken occasion to become maister thereof at whatsoeuer price from whence it would be vnpossible to auoyd him without warres and generall trouble arising of such dispensation and so should the domage done to the excommunicate King through the sentence of excommunication which was layd vpon him only for correction and admonition to coÌ„fesse his fault to aske pardon openly of GOD and his Church remaine irreparable To be briefe of extreme lawe would arise extreme iniurie whereof this poore miserable excommunicate and desperate Prince finding himselfe agrieued with the permission to his subiects to rebel would growe more obstinate in his vice for feare of losing his Crowne so in liew of vrging him to penance and satisfaction to the Church for the offence arising of his sinne he shall waxe worse and the Ecclesiasticall discipline bring forth no fruite and thereby growe into contempt And vndoubtedly therein consisteth the discretion of a Lawyer and Iudge so to make his lawes so well to order his iudgements that immediatly without difficultie how notable soeuer they be they may bee put in execution 23 Consequently a question may be propounded whether it be lawfull for a King or Prince to appeale therefro as of abuse but also by weapons to resist and withstande the execution of such a sentence because it permitteth the subiectes to shake of the yoke of his obedience refuse him the duetie of their obligation which is the same question which Lewes the 12. of Fraunce moued to the Bishops assembled in Tours in the yeere 1510. concerning the peeuish and rash excommunications layd vpon him and his confederates by Iulius the second whereto the said Bishops made aunswere that by all lawes the sayde King was permitted by whatsoeuer meanes yea euen by armes to withstand such the Popes friuolous and wrongfull declarations Which aunswere in my opinion is founded vpon all reason aswell naturall as ciuill because it is certaine and euident that the clause of the sentence of excommunicatioÌ„ of the King which conteyneth permission to the subiects to râ—bel against him is a publick force and violence that the Pope wrongfully employeth contrary to his function and authoritie and against the which the King may oppose himselfe and withstande him with the like or a greater power Secondly it ought not to be lawful for the Pope vnder pretence of a Shepheard and the care that hee should haue of the Christians to enterprize or atteÌ„pt any vnreasonable thing to the iniurie of his flocke For if the Magistrate doth any thing iniuriously either as a perticuler person either vpon confideÌ„ce of his authoritie he may be sued of iniurie Besides that wee haue before proued that the ordering Iurisdiction and notice of worldly causes and Kingdomes belongeth not to the Cleargie to whom is committed onely the publication of the spiritual and heauenly sâ—orde and so consequently sentence pronouÌ„ced by an incompetent Iudge is voyd in this head neither is any man bounde to obeye that Magistrate that hath iudged aboue his authoritie To this purpose Pope Gelasius writing to the Bishops of the East doth confesse that if the iudgement be vniust the lesse neede the condemned to care for that such a sentence cannot make the coÌ„demned guiltie before God and his Church And therfore he concludeth that he should neuer sue for absolution beeause it hurteth him not In an other place Pope Gregorie confesseth that he cannot incurre canonicall paines that is not canonically condemned In the interpretation of which place Iohn Andrew the gloser doth teach vs that it is lawfull to withstande the execution of a iudgemeÌ„t knowne to be none and giuen by such a one as hath no authoritie The same doth Celestin graunt wheÌ„ he speaketh of the election of a Bishop against the minds of the Cleargie of that Dioces where he should sit and the Glose expressely saith that the superiour abusing his power willing preteÌ„ding by force to bee obeyed it is not forbidden to withstande him especially in cace the hurt be irreparable as in this now in question because euery one naturally is permitted to withstand violence yea euen against his superiour In an other place wee learne that it is for euery one in default of the Magistrate to doe himselfe right or to bend himselfe against the wrongful oppression of an other Infinite are the examples of Emperours and Catholicke Kings who authorized by the Church haue made no difficultie to take Armes against the bishop of Rome and his adherents whensoeuer he so farre forgat his duetie as by force to enterprize that which Princes could not with reason graunt hym When Pope Iohn the eleuenth writ to the Hungarians and perswaded them to rebel against the Emperour Ottho the first and the sayd Emperor being in Italy this Pope togither with Albert Marquize of Spolete raysing warre against him the Bishops and Prelates assembled at Rome deposed the sayd Pope and hauing surrogated Leo the fifth into his roume permitted the Emperour by Warres to pursue him When Henry the blacke vnderstood that Benedict the ninth Siluester the third and Gregory the sixt Antipopes sought each to thrust other out of Italie and to establish him self by armes he went speedely to Rome with a great power to decide the coÌ„trouersie with the aduice of a CouÌ„saile assembled by his imperiall authoritie these three Popes were all deposed and disgraded and in their roume the Emperour established Suidiger Bishop of Bambergue who named him selfe Clement the second When the Emperour Henrie the fourth vnderstood that Pope Gregory the seauenth had forbidden the Bishops to require inuesâ—iture of the Emperour also that he found that y â— wicked man stirred him vp enemies yea procéeded so farre as to cause the sonne to rebell against the father against whom he opposed
Raoul Duke of Sueue he desired the Bishoppes to gather together at Bresse where in their Sinode they excommunicated and deposed the Pope and elected Clement Bishop of Rauenna to bee his successor for whose establishment the Emperour tooke Armes and entered Italie Henry the fifth was forced to Warre against Pascall who had mooued the Romaines to mutiny against him to the ende to haue slaine him because he endeuored to mainteine the auncient rightes of the Empire concerning the collations of Bishoprickes Frederick the first vnderstanding the arrogant presumption and obstinate resolution of the Popes Adrian Alexander the third and Victor importing that it lay in them to giue the Empire to whome they pleased did seauen tymes enter Italie with an army where he fought a blooddy battell in the which dyed 12000. of Pope Alexanders partakers who therewith prouoked caused the liuely Picture of the â—ame Emperour to be drawen and sent the Table to the Soudan of Egipt against whome the saide Emperor was gone withal aduertising him y t vnlesse he procured his death by treason or otherwise he should neuer haue peace wherevpon the Emperor recreating himselfe a litle from his Armye was taken and brought before this heathen who shewed him the Popes Letter togither with his Picture and yet neuerthelesse put him to his Raunsome and so sent hym home honestly as abhorring the treason of the great Priest of the Christians against this Prince who ventured his life for the maintenaÌ„ce of his Religion Hereat was the Emperour so offended y t at his returne he entered Italy againe forced y e Pope to flee in counterfaite apparell after y t the Bishops had in a Synode condemned him as a traitor to the Empire yea which is more as a conspired enemie to Christian faith Phillip this mans sonne being by Innocent the 3. sclaundered amoÌ„g the Princes of the Empire was counsailed by the Bishoppes of Germany to haue his reuenge by armes Ottho the 4. being in Rome was so sâ—arred by the driftes of the same InnoceÌ„t that he was driuen to haue recourse to force in which conflict perished a number of the Citizeâ—s of Rome Frederick the 2. in whose time Innocent the 4. Honore and Gregory the 9. did in Italy begin y â— quarell of y e Guelphes against the Gibelins who mainteyned them selues vnder the auncient obedience of the Empire was by the aduice of al his Princes and Prelates compelled to oppose himselfe against the practizes conspiracies which these high Priestes wrought against him The Emperour Albert King Phillip of France doubted not to bend them selues against the oppression of Boniface the eight to contemne his excommunications vntill King Phillip assembled the Prelates of Fraunce by whose sentence he was declared a Scismaticke Hereticke inuader of the holy Sea and a perturber of the peace of the Church as hauing molested all Italy with the factions of the Whites and the Blackes Henry the 7. of the house of Luxembourg to the ende to withstand Clement the third the mainteyner of Robert King of Sicill a rebellious vassall to the Empire was driuen to come to handy strokes with him and his partakers the like did Lewes of Bauier against Iohn the 23. and other y e Popes of his tyme who without either cause or reason had declared him an Hereticke because hee would not yeeld to them the Imperiall authoritie in Italy neither put the Empire into the subiection of the Bishop of Romes Sea In our tyme Lewes the 12. King of France and the Emperour Charles the fifth how dealt they most iustly with the Popes that would haue dispensed with and exceeded the boundes of their duetie To bee briefe in other the Prouinces of the Empire infinite are the examples of Kings and Princes who with the aduice of the Prelates and Nobilitie of their Dominions haue with armes withstood the ambitious and passionate practizes of the Popes in whom it had bene more seemely to haue gouerned the Church and spiritual Hierarchy and not to haue thrust their Sythes into other mens haruest whereof is without doubt proceeded the destruction and deformitie of the West Catholick Church together with the full fall of the East Church into the which by those meanes is entered the Wolfe that hath deuoured Gods flocke whereof they shall assuredly aunswere 24 Now haue wee yet the second question to enquire of for our better instructioÌ„s in this matter That is whether the King of Nauarre bee an Hereticke His aduersaries doe say that his opinion of Religion was lately condemned in the late oecumenicall Counsaile holden at Trent Hereto he aunswereth that the same pretended Counsaile was not lawfully assembled because therein the Pope executed the roume of both Iudge and party also that such as prosecuted reformatioÌ„ in the Church were not heard To bee briefe there may be debating and many nullities may be alleadged aswell in the forme as in the decrees of the sayde Counsaile whereto neede no more respect â—ee had then to the counsaile of the wicked of which the Psalmist doth speak or vnto those that the Prophet termeth Counsailes of vanitie yea and Sainct Iohn writeth Beleeue not euery spirite but prooue whether they be of God Saiuct Hierome also teacheth vs that the doctrine of the holy Ghost is the same which is set downe in the Canonicall Scriptures against which if the Counsailes determine any thing it shall be wicked Also when the Emperor Martian in the Counsaile of Chalcedon forbad to dispute or call into question such thinges as had bene well decreed in the same holy assembly he thereby ment not to grauÌ„t free libertie to Counsailes against Gods worde but he speaketh onely of such thinges as were well and lawfully ordeined according to y e rule of the holy Scriptures by the which those that vphold the same opinion with the King of Nauarre doe pretend to shewe that the Cleargy who were assembled in the Counsaile of Trent alone haue greatly erred which their inquisition and search beeing by Gods owne mouth permitted to the Church may not well be refused Trye all sayth the Apostle and hold that which is good And in deede if the Counsayle of Trent bee aunswerable to the doctrine of Iesus Christ If the trueth hath appeared therein then neede it not to feare the tryall at the fire thereof which is the true touchstone of humaine traditions The worde of GOD is pure and feareth not the fiery tryall for it is a true saying The lawe that will not bee tryed may iustly be suspected After then that in a generall and free Counsayle all parties haue bene heard that by the onely worde of God and without affection they haue debated their cause so that finally the opinion which the sayd Lord King of Nauarre holdeth bee adiudged hereticall he is so Catholick and zealous a Prince and one that so feareth God that he wil not stick publickly in the Church to confesse he hath
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
graunt vs peace and by meanes thereof to reunite vs in the Faith and Religion of the Catholicke Church so to serue him faithfully with our good King to set to our shoulders to helpe to support the burthen of commaunding in this Realme layd vpon him in heauen yeelding our selues pliant simple and obedient to his commaundements to the end altogether we may serue and praise the deuine Maiestie holily and peaceably euery one according to his duetie the Prince in peaceable and wise gouernmēt of vs as hetherto through the grace of che holy Ghost he hath done our selues in louing reuerencing obeying and faithfully seruing his Maiestie as wee are bound vnder payne of eternall damnation For so long as we are in this world if we doe otherwise we shall resemble the Marriners that in the Ship quarrelling with their Pilot oppressed with the tempest and enuironed with the enemie doe in the ende finde themselues forced to saile away with some mercenary straungers who will no longer haue any care of their safetie then the commoditie and sweetnesse of their wages shall continue Surch surely will bee the life that we shal leade in case we become so detestable as to disunite our selues frō our King and the sacred bloud of his Crowne abroade standing in feare of the enemie at home not onely of our fellowe Citizens but also of our domesticall seruaunts our allies our cossens our brethren our parents our wiues and our children wherby we shal haue warre with the straunger sedition in the Citie and mistrust in the householde alwaies in in feare miserable needy and stil past hope of better for the good will habandon vs as vnworthy their succour and the bad will deuour vs. What blesse then what pleasure what contentation may we hope for so long as vppon earth wee leade this life and bee led by those y t bely the forme countenance gesture speech and behauiour of the man that they beare no lesse thē Satires Apes or Beares as also we may rightly terme them Wolues and monsters borne in this Commonwealth for the nourishing and bringing vp of whom I feare wee may bee called enemies to God and our owne nature which by companying with these wilde beastes we doe corrupt But to returne to our purpose Concerning the heresie falsly pretended against the King of Nauarre although the reasons aforesayd bee most true waightie and such as can haue no contrary aunswere vailable yet as a Catholicke I do most humbly beseech the said King of Nauarre diligently to thinck vpon his affayres yea although in his minde hee could conceiue no other consideration then the preseruation and peace of so much people in that he by whom the offence commeth is accursed of God whether he shal not more grieuously offende God and his owne conscience in being a cloake and pretēce of so many miseries to his Countrey and the French nation for whose defence he is borne then with his fathers and common custome of old receiued in erring if there be any error therein Let him also iudge whether he bee not bound to aunswer before God for the liues of so many persons who through his occasion shal perish also for the blasphemies that consequently will be committed Let him aduise himselfe whether hee were not better to doe as the good and gentle Householder who sometimes omitteth the seueritie of his age to play with his children and with clemencie giueth them space to measure the force of his amitie excusing their insolent youth and bolde rashnesse ioyning and going close with them after the example of the wise and well aduised Athenian when his people were most obstinatly resolued to oppose thē selues directly against his meaning For my parte Sir I beseech your Maiestie to giue mee leaue to tell you that all good Frenchmen true Catholickes and faithfull subiects to you this Crowne doe euen in humaine reason greatly bewayle the state of our poore Fraunce in seeing that your enemies are so well at ease or doe peraduenture nourish about your Maiestie some such persons as keepe their vizarde from bee plucked off For in truth Sir it lyeth in you through the grace of the holy Ghost to yeeld more fruite to the Church of GOD for the aduauncement whereof you haue hetherto thought to fight and more ouer to procure your selfe to bee esteemed more profitable commodious and honorable to all by planting peace in time in this Realm and giuing an example to the rest of Christiandom with assurance to the King that raigneth ouer you and his subiects who looke vpon you by your good life and gentle common conuersation which in all other actions your aduersaries them selues doe seeme to confesse then by any other worldly meanes that you cā choose Besides that it is an vndoubted and political maxime mislike it who will that it is not for Kings who haue authoritie and gouernment ouer so many seuerall braynes which GOD may reserue vnto you if it so please him or he be so determined in his priuate counsaile notwithstanding all the Deuilles do rage to set other where then in their Closets vpon any of these extremities because it would bee vnpossible to toyne and compose these together especially in the world wherin you are borne wherein also your selfe doe well knowe and haue by domesticall examples learned that it behoueth you and all other the Princes in this world to bow to make your selues to be obeyed to preserue your estates by meanes more then artificial and ful of humaine wisedome in respect of the frowarnesse peeuishnesse and bad nature of subiects But more perticulerly in this case wherein our common enemies haue for these 25. yeeres accustomed the French nation to the vse of weapons and the veryest fooles of whom there are ouer many to contemne the Maiestie of their King lawe and Iustice and to the contrary haue suborned flattered and stolne away the most of their hearts vnder a false pretence and zeale of Religion which your seruants do wish you to winne again as it were an easie matter to doe being desirous of your quiet honor and to the aduancement of Gods glorie the peace of this Realme and the encrease of the Crowne of France fearing least all Christiandome should swarme to the tearing of it in an hundred peeces or the mutinous Rebelles that are within the Realme should rent and dismember this goodly Kidney of Europe which without doubt is the goodliest and most perfect Kingdome vpon earth At the least sir sith these great Dukes of fained Catholichisine who in a iolitie haue declared themselues your aduersaries doe beare for their deuise the destruction bloud of the innocent Frenchmen which by their often murders they haue shed and are not yet satisfied as their Bugbearlike terrors that they propound vnto vs doe shew I doe most humbly desire you to the contrary to bee the Pelican and to beare the same deuise that the Great Alphonsus the 10. of that name King of Spayne
to bee borne ouer vs Will wee graunt that to force that belongeth to reason In my opinion we deceiue our selues if we weene by weapons to wrest any thing from Mars especially in whatsoeuer concerneth Religion which among honest and the best men goeth nearer and is of greater efficacie then all other humaine actions So as to the contrary I doe stedfastly beleeue that wee haue the more cause to hope well of the gouernment of the said Lord King of Nauarre if it should happen For sith his enemies are forced to coÌ„fesse that of himself he is a Prince wise well taught discreete and reasonable also that our selues see him assured and by weapons in expugnable in that which from his infancie hee hath bene perswaded to bee good for him in respect of y t feare that he hath of God how great a peece of the work soeuer offereth it self to his view or whatsoeuer humaine hazard there be any apparance that he should feare in the conseruation of a mightie earthly Kingdome whereof as yet he is presumptiue heire it is an inuincible argument for vs to knowe that hee loueth and feareth God aboue all things Let vs therefore giue him a taste of our reasons sith he is so very capable to the ende we may at his hand winne that we desire and which wee ought and may spedely hope for without perticulerly hating his person without offending him without prouoking him and without encurring the wrath of God by procuring the shedding of the innocent bloud of so many thousands of our brethren and together with them the destroying of our poore Countrey As yet in troth it is too great an abuse to terme the said Lord King of Nauarre a Rebell or Traytor to the Kings Maiestie for keeping himselfe from being slayne and for opposing to his enemies the walles of those who being shadowed in their owne houses did onely withall instance and most humble petition require the King to permit them to liue in peace of conscience vnder his obedience against the which they did nâ—uer striue neither would euer had recourse vnto or craued the said Lord King of Nauarres protection whome they know neuer to haue so much loued any thing as to liue his Maiesties most humble most obedient subiect whereof wee all in our consciences are eye witnesses neither neede we any greater proofe for the iustification of him who neither doth neither euer did desire of the King his Lorde any other thing then to liue in his good fauour and to bee of him accoumpted a most humble and most obedient subiect and kinsman 3 For this cause in this action let al good Frenchmen coÌ„sider that the sayd Lord King of Nauarre is as they the Kinges good subiect a Christian one that feareth God and a louer of his Countrey so as for his sake wee neede not take armes or beate our braynes as doe some that be perswaded by the wicked counsaile of these firebrandes he is the sonne of the famely he is not a Spaniard that commeth to your walles and to y e doores of your houses he is a true Frenchman one that desireth peace and one that would obey the King his Lord in whatsoeuer lyeth in him he is a louer of the lawes of the Realme a sworne enemy to the sedicious an oppressor of the wicked and a defender of the Commonwealth Besides he hath aboue all other the French nation the honor to bee the first Prince of the bloud royal heire apparant to the Crowne in case God should cal our King without leauing any issue male of his body Let euery one therefore consider that al his enemies obiections are but meere cauillations Let the French nation iudge whether they haue not more cause or are not greatlier bound to loue and acknowledge the King of Nauarre then and other next to the Maiestrie of our soueraigne Lord the King seeing we haue chosen for our tutors gouernours and lawfull administrators the most noble and couragious famelie of the Capets to bee our Kinges of Fraunce from whence is discended in right masculine ligne on the fathers side the sayde Lord King of Nauarre as is aforesayde also that euery other way he hath thence taken his originall for his Grandmother on the fathers side was Lady Frances of Alencon daughter to Rene Duke of Alencon and sister to Charles last deceased all discended in right ligne of y e males of Charles of Valois who first tooke the name and title of Alenâ—oÌ„ and was brother to Philip of Valois King of France both sonnes to Charles of Valois brother to King Philip the Faire which two were sonnes to Philip y e Bould eldest sonne to S. Lewes and his successor in the Realm Againe the sayd King of Nauarres Grandmother by the mother was Lady Margaret of Fraunce sister to King Frances the first As for the Kings of Nauarre whom by his mother Iane of Albret daughter and heire to Henry of Albret King of Nauarre whom he hath succeeded they also are discended from father to the sonne of the house of France by the interposition of daughters capable of succession in the Realme of Nauarre for Henry Earle of Champagne and Brye by his mother Blanch King of Nâ—uarrâ— maried a daughter of Robert Earle of Arthois sonne to King Lewes the 8. of Francâ— and brother to S. Lewes of which marriage was borne Iane heire of 〈◊〉 and wife of Phillip the Faire King of France of them two came Lewes Hutin successor in the Realmes of France and Nauarre when he dyed he left a daughter Iane who after her Vnkles Phil. the Long Charles y t Faire was Queene of Nauarre she maried Phil. of Eureux sonne to Lewes of Eureux Sonne to Phillip the bould King of France and brother to Phillip the fayre Of their mariage issued among other children Charles King of Nauarre who maried the daughter of King Iohn of FraÌ„ce and of them was borne a Sonne of the same name for whose sake King Charles the sixt erected the lande of Nemours into a Dutchy At his decease hee left two Daughters of which Blanch the elder succeeded in the sayd Realme and of her and Iohn of Castile her houseband issued Eleoner wife to Gaston of Foix who seazed vpon the Succession of the realme of Nauarre and other great goods Of that mariage came Gaston of Foix that maried Magdalein of France sister to King Lewes the eleuenth who had Frances Phebus king of Nauarre after his grandmother Eleoner and Catherin who succeeded her brother Phebus shee maried with Iohn of Albret father to Henry of Albret and grandfather to Queene Iane late deceased at Paris mother to the said King of Nauarre now raigning So as it adpeareth that he is on euery side true french and issued of the bloud royall of Fraunce Let vs not therefore any longer giue eare to these sclauuders but only haue recourse to God by hartie praier that if the sayd Lorde King of Nauarre or
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
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
matters wherein can no roume or place be found but for one in which cause it is more meete to preferre nature that is to say the vncle who naturally is nearest rather then the Neuew who can not bee so accompted but by the fiction of the Emperours decree the vnproper explication of the worde proximus which is yet more odious because it conteineth alteration of the Law whereby the neerer onely is admitted to succession and in the same cause the Emperor Decius speaking to the sister of the deceased writeth Vnto thee rather that art in the second degree doth the inheritance belong then to thy brothers children who are in the third Because also in cace of inheritaunce wee admit rather the immediat cause then that which is farther of according to y ◠that is argued de eo qui filio impuberi sub hac formula substituerat Quisquis sibi haeres esset So that it was not in vaine that the Emperours Theodosius and Valentinean the third saide that in this cace the children should not be made worse then the Neuewes who are neerer then the elder brothers Sonne in both age and degree Thus they should be thought more capable so that in what so euer concerneth the Neuewe The cause of birthright ceasing the effect also should be none because a cace by Lawe omitted is to be adiudhed os omitted otherwise this writer addeth a trimme consequence which importeth that in the cace now in question the children of the late Lord Prince of Conde being foure in number should deuide with their vnkle the sayd Lorde of Bourbon and the King of Nauarre their cousen whereby the succession of the Realme of France should be deuided into three partes or portions The first heades of this Reason might bee true if we should consider the Neuewe onely and in his owne person but in this action we regard him as substitute in the continuation of his late Fathers right and yet not by any extraordinary fiction or priuiledge whatsoeuer as they say but by the proper interpretation of the Lawe and mans naturall motion whereby the father is said to liue so long as the sonne remeyneth and the senne is termed the naturall portion of his fathers body so that it is no odious explication but by our men is called an extensiue interpretation by naturall reason induced which neuer was forbidden but contrariwise haue alwayes iustly bene receiued in caces most stricely obserued and such as can not beare euen the least alteration that may be Consequently therefore although before Iustinians brothers childrē could not concurre with their Vnckle in collaterall ligne because the auncients would not corrupt but so little as might bee the degrees of kindered yet this Prince considering that there is no greater reason to make this substitution and paternall continuation in direct ligue then in collaterall also that nature of her selfe was each way alike he did iustly and natually in all sortes of successiue lignes continue the person of the father by the substitution and succession of his posteritie which hath also bene imitated in feudall customes as is aforesaid So that to omit nothing ex eo nec prior aetate nec gradu propior patruus iudicari poterit quin causam huius successionis in nepote conspicimus The effect whereof should withall ensue without thinking this case omitted sith that by naturall interpretation an other like to the first doth followe or rather to say the same which is considered of the father in the person of his sonne whereof the second brother cannot cōplaine no more then he that hath promised or constituted some reall seruitude for the benefite of his neighbours land which afterward was obteyned and fallen into the handes of many and diuers heires of whom euery one vseth that whole seruice so as if the maner thereby be ouer sore charged yet as is the Lord of the seruing manor compelled to suffer it as being the nature of the thing And merueilous vnlearned is the consequence that our Atturney maketh when he sayth because the King of Nauarre will haue like degree of proximitie as his Vnckle therefore the children of the late Lorde Prince of Conds might saye as much for it is euident to all men that the King of Nauarres reason hath no communitie with the pretēce that this man imagineth of others because the sayd Lord King of Nauarre representeth the elder and is substituted in his roume place by vertue of which substitution he excludeth not his Cossens only beeing children to the yonger but also the sayd Lord Cardinall who had bene more capable then they whereby wee are come to the rule If I ouercome him that ouercōmeth thee much more shall I ouercome thee considering that the Realme and soueraigne Lordship is not yet subiect iudicio familiae Hercis neither can brooke the light of two Sunnes 9 Yet are we to annswer the deduction of Iames de Per. where he saith that the reason why Robert King of Sicill Lewes Duke of Bourbon and Robert Earle of Arthois succeeded not Charles y ◠Faire King of France but that Phillip Earle of Valois his Cossen germaine obteyned it was because hee was found to be in the fourth degree to the deceased King and the Earle of Arthois in the 8. and the King of Sicill in the 7. But immediatly he cutteth off himself againe when he confesseth that the Duke of Bourbon was also in the 4. and therefore by reason should as soone haue succeeded not that we must deny that the succession of the Crowne of France non deferatur proximiori agnato but I saye first that we haue more then sufficiently verefied that the sayd Lorde King of Nauarre is not vlterior gradu then the sayd Lord Cardinall his Vnkle and that according to naturall and ciuill reason But I will moreouer add in the example by this writer propounded that the proximitie of degrees was not the cause of the alleadged iudgemēt in fauour of Phil. of Valois but it was because certainly when once the succession of a Realme is entred one ligne and progenie the rest of all that braunch must faile before we may passe into an other or inhable the same how neere soeuer it bee The reason is most euident because sith the Kingdome is gotten to their kinsman they al are accompted more capable then any other kindred feudorum exemplo wherein to them onely and to all those that are of the same ligne whereof the deceased was the commoditie doth apperteyne and that is it that is sayd ad proximiores deferri because these are accompted proximiores in respect of other lignes These are the wordes of the text in feudall cases This was the reason why the King of Sicil neither the Earle of Arthois could pretende nothing in the Crowne of France which once obteined to S. Lewes excluded the ligne of the aforesayd who discended of Robert Earle of Arthois
and of Charles the first King of Sicil children to Lewes the 8. and brother to S. Lewes Likewise Lewes Duke of Bourbon could not bee admitted to make chalenge to the same Realme because hee was sonne to Robert of Fraunce the yonger sonne of the sayd S. Lewes whose succession was entred into the ligne of Phillip the 3. surnamed the Bould his eldest sonne of whom came two sonnes Phillip the Faire who was King by right of eldership and Charles Earle of Valois father to the sayd Phillip true successor to his Cossen Charles the Faire sonne of Philip the Faire who both were come of the braunch of the sayd Phillip the Bould eldest sonne to S. Lewes The like obseruation fell out after the decease of Charles the 8. King of France to whom succeeded Lewes the 12. sonne to Charles Duke of Orleans after him Frances the 1. sonne to Charles pettie sonne to Iohn Earle of Angolesme both discended of Lewes Duke of Orleans sonne to Charles the 5. surnamed the Wise whose comming to the Crowne procured his posteritie to be by right preferred before all other the Princes of Bourbon then being and those of Alencon borne in direct masculine ligne of Sir Charles of Fraunce youngest sonne to Charles of Valois and brother to Phillip of Valois King of France The second consideration is because by the lawe of the Realme the neerest must succeede to the Crowne but be must be proximior at y ◠tyme of deferring the inheritaunce and when the succession is open as si familiae fidei cōmissum debeatur hi ad petitionem admittuntur qui ex nomine defuncti fuerint eo tempore quo testator moreretur qui ex his primo gradu procreati sunt in which case hee is called prior whom none preceedeth because prius and posterius doe consist in the tyme that the qualitie say our Maisters in a conioyned worde must be expounded after the time of the word namely it wee should otherwise meane and would note eldership at the tyme of the birth there must ensue an euitable inconuenience which is that y ◠eldest dying the second should neuer take his rouine because he first included himself to the excluding of an other which in this argument is vtterly false wherein by the decease of the elder the second is without doubt made the first borne for in effect par est talem esse aut ex post facto talem fieri neither can this qualitie of senioritie beare any comparison betweene the elder deceased and the yonger suruiuing whereof it followeth that the dead being vnhable as not being in rerū natura his some must haue the like barre as succeeding in the person of his father Al these gay reasons might take place and were to be considered if the sonne of the elder non esset in medio neither were the discourse of the same any hinderance for by him and in him pater primogenitus censetur viuere tempore delatae successionis and in troth extante nepote inclusio primogeniti continet exclusionem secundi sith that filius fratris fratr◠aequiparatur ita succedit atque pater si viueret sayth Iustinian also this new constitution facta in casu vero extenditur ad alterum vero aequiparatum after the opinion of Paule de Castro in his explication of Sceuola vpon y ◠Counsaile of Gallus together with many other skilfull persons so that the father is not quite extinct while his sonne liueth though by a new soule he be a new man neither saith Papinian in totum falsum videri quod veritatis primordio adiuuaretur So that though the Vnckle cannot be termed yonger in respect of the elder deceased who neither in himselfe neither in any qualitie y t wee may suppose vnto him is any way to bee regarded yet when he shall beholde his neuewe the successor continuing and making a part of his late father he shall finde a faire argument and obiect of comparison of the others senioritie with his iunioritie First this principle is not alwaies true neither doth the habilitie or inhabilitie of the father perpetually take holde of the children As for example eius qui ante amissam patris dignitatē natus fuerit Againe de liberis illius liberti qui in seruitutem redactus sit To bee brief herein we may say as Alphons teacheth vs The father taketh not from the children those things that kinde Countrey and nature giueth them as is y ◠right of eldership which is truely set in the person of the father being eldest of the house but it is graunted to him and his by the lawe custome and common order of the Realme and therefore is transmissible to his children Moreouer the deduction made by those of the contrary opinion might be admitted si per filium patri incapaci quippiam quaerendum foret and not otherwise as we find illius exemplo qui ex haeredatus liberto patris succedere non potest eius tamen filius emancipatus non vetabitur And in one word the incapacitie or inhabilitie of the father might hurt the sonne afterward borne but not him that were begotten before to whom his fathers calamitie can be no detriment so that the right of eldership being perfect sound and to the father obteyned in his life tyme is continued and transferred to his posteritie The third reason is that the right which is not obteyned cannot in any whatsoeuer qualitie bee transported or transferred to any heire whatsoeuer and therefore wee doe vsually say that haereditas nō adita non transmittitur as doth not also the age which is inseparable from the person and which beeing in question we haue no more respect to the successor then to his predecessor now the right of eldership proceedeth of the yeres and precedent light of the deceased father who neuerthelesse did neuer obteyne the succession in his life tyme as not being open so it followeth that the sonne of the elder can pretēd nothing neither could the father obteyne to him the right of his yeres wherein the sonne were more to bee considered then the father deceased as Constantine writeth si minor minori successerit ex illis persona restitutionis tompus connumerari To this obiection the aunswer is easie because we haue already shewed that the right of eldership is perfectly obteined to the eldest so soone as he seeth y ◠light of the world and is made man and the § pro secundo which is alleadged to the cōtrary hath relation to that which presently is not obteyned neither in hope but may be altered by the onely changeable will euen vntill the death of him whose goods are in question Therfore in this matter wee argue not about the transmission or transferring of the life and yeres of the elder deceased into the person of his sonne but only of the right and preeminence that his senioritie hath brought
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