the Princes of blood yea and set so sure foot vpon the throat of this estate that Fraunce was the bloody scaffold good Frenchmen the martyrs and these Lorrains most cruell fellonious and vnmercifull hangmen This storme might immediatly after the decease of K. Henry haue beene foreseene for whilest the Princes of the blood and chiefe officers of the crowne kept their maisters bodie at the Tournelles the kings house in S. Anthonies street where euery thing sounded of sorrow and mournfull sonnets these gentlemen triumphed at the Louure whither they had caried the king about whom they commanded at pleasure and vnder the cloke of tutorship made thēselues way to the souereigntie as did Tarquin the 1. who vnder the like pretence wrested the Romane kingdome out of the hands of Ancus Martius children or as Stillicō Ruffin who being tutors to Arcadius Honorius brought the Romane Empire into combustion But what ingratitude what in humane vnthankfulnesse was it to stand with drye eyes when all other accompanied the king with weeping and teares What tiranny to bend their masters minoritie to their passions What impudencie to in trude vpon the authoritie of the Princes of the blood The law by the common aduise of the three estates assembled at Tours Anno 1484. decreed commaundeth If the crowne sall to a pupill the 3. estates must be assembled and by them the king prouided of a counsell for the gouernment of his nonage The custome is The Princes of the blood haue the first place in this counsell as it fell out when at the decease of Lewis the 11. Charles the 8. at the age of 14. yeares came to the crowne The Romane lawes will That hee that affecteth or intrudeth himselfe into any tutorship should be reiected as suspect Besides it is a generall sacred and inuiolable rule That no forraine Prince hold degree in France But what can reason doo in rage or custome among disorders what can right doo where force beareth sway or of what force are lawes among murder blood and tiranny hauing assured themselues of his Maiesties person they played their game so cunningly that a new gard was established vnder the Seneschall of Agen Diana of Poictiers Duchesse of Valentinois banished the Court Bertrandi President of Tholouse vnto whome Henry the 2. had committed the seales of Fraunce flatly deferred though pacified vnder hope of better The superintendence of the Treasurie taken from Auanson and vnder colour of good husbandry the faithfullest seruants of the crowne beeing displaced the gate of honour was open to none but the confederates of two straungers who for their owne particular profite encroched to themselues all publike affaires euen as the winde Coecias which as it is saide draweth the clowdes to it and furnished the law with men of like stuffe as themselues such as were vowed vnto the execution of their bad purposes as also at the same time they strengthened their owne faction with the amitie of the Marshals Brissac S. Andrew the Cardinal of Tournon the Conestables sworne enemy Putting in practise also Andronodorus counsaile who abusing the minority of Hierom king of Sicill whome he purposed to rob of his estate perswaded him to banish the chiefe of his Realme from the Court they did vnder the kings auow craftily disperse all those that might haue crossed the course of their fortune with whome they could by no meanes beare not so much because of the difference of their natures as for that the French cannot put on the Lorraines nature or the Lorraine the Frenchmans according to the saying of Cicero speaking of the ordinary controuersies betweene the Romane Consuls and Tribunes The fire of ciuill dissention is kindled betwene them not so much through diuersitie of qualities as by contrarietie of humors complexions And thus was the Prince of Condésent into Flaunders vnder pretence of strengthening the amitie with king Philip and after him the Prince of Roch-sur-yon who at his returne was chosen togither with the Cardinal of Bourbon to cōduct La. Elizabeth into Spaine The Duke of Montpensier was furnished with the gouernment of Touraine but they appointed Chauigny to be his Lieutenant with such authoritie that the Prince had onely the title The Constable had the gentle thumpe and among other trauerses lost the office of Great-maister which wound was afterward renewed in the controuersie for the countie of Dampmartin which Frauncis of Lorraine Cessionary of Rambures pretended to carrie away The court beeing thus become a widow of the Princes of the blood and naked of the brauest of the French knights the Guysians began to build vp their houses with the decay of many other yea in such sorte as they spared neyther freend nor foe Papist nor Protestant spirituall goodes nor temporall witnesse the Countie of Nantueil and the chiefe benefices of the Cardinall of Lenoncourt a frend to their family witnesse the goods of the Marquise of Neelle of the Lord of Grignan the castle of Meudon the house of Marchais the land of Cheureus witnesse the Monkes of Monstier endé whom the Cardinall thrust out burned al the titles of their church for the enriching of his house of Ginuille witnesse the Storier of S. Disier whom he caused to be burned for a Lutherian notwithstanding by the testimonie of all the country hee went ordinarily to Masse so as the poore man might say as Quintus Aurelius who finding himselfe in the roule of those who by placards were banished notwithstanding he neuer medled with the Plut. in Silla warres of eyther Marius or Silla cryed out Helas my house at Alle killeth me Shall I come to the conclusion and last acte of the Tragedy Shall I open a wound which yet bleedeth Things grew to that passe that by the Cardinall and his brother all lawes good decrees were taken down the Parliaments of the Realme dishonored and euery way derided the people choked with tyranny the Prince of Condé imprisoned at Orleance for fellonie falsly inuented as afterward it is declared by a decree of the priuie councell dated the 13. of March 1560. and by two decrees of the court of Parliament the La. of Roye imprisoned at S. Germaines in Laye the Constables house appointed to ruine and subuersion his nephew the L. d'Andelot discharged of the office of Coronell of the French footmen the Cardinall of Arminacke banished the court the Vidame of Chartres miserably detained in the Bastille the prisons full of poore innocents the skaffolds red with blood the gibbets ordinarie fiers kindled all was but destruction and desolation but robbing of houses proclamations of banishments and most cruell executions in peace we bare the effects of a bloody warre and in calme and faire weather the face of Fraunce was horrible and fearefull and yet do we suckle vp these hangmen with our blood we feed them with our goods we make them triumph in our shame and to them onely are the gates of honors open but why
agreement made the 21. of May 1420 Moreouer although in certaine cases our lawes do permit the father to disinherite his sonne yet doth this permission take no place in our kinges as being heyres not to them but to the crowne for by lawe the heyre is bound to all hereditarie actions whether actiue or passiue because as saith the lawyer L. Non minus ff de haered Instit Caius the inheritance representeth the person of the deceased And yet we holde that the king is not bound to the priuate agreementes and othes of his predecessors for when Philip the faire for the cōcluding of the marriage of his eldest sonne Lewes Hutin with Margaret of Burgūdy in February 1299 agreed that in case Lewes Hutin deceased before he came to the crowne of France leauing any heyres male euery younger brother should haue 20000. frankes of rent the sayde agreement bound not his successor Likewise when Charles the fift in October 1374. decreed that his seconde sonne Lewes of Fraunce should haue for his maintenance 12000. frankes of rent with the title of Earle and 40000. payd him at one payment this decree bound none but himself Also king Lewes the 12. answered those that demanded the artilerie that had beene lent to his predecessor Charles the 8. that he was not his heire to pay his debtes And king Frances the 2. in the yeare 1559. Ianuarie 19. writ thus to the Lords of the league Although we be not bound to the payment of our most honorable late lorde and fathers debtes for that we take not this crowne in title of his heyre but by the lawe and custome generally obserued in this realme euer since the first institution thereof yet wishing to discharge our sayde Lorde and fathers conscience wee are determined to pay so manie as we shall finde iustly to be dewe c. Thus sith the crowne commeth not by fatherly succession but by the lawe of the realme the king can not take it from him to whom the lawe giueth it Furthermore we are in farre better condition then the franchized Romaines who by the constitution of the Emperors Dioclesian and Maximian might chose to inherite where it pleased thē and the heyre as sayth Pomponius that was charged to set them free might not without their owne consent discharge themselues by an other much lesse then should any against our willes make vs to bow our neckes vnder the power of others then those that are appointed vs by succession which is of greater force then the last will of a testator And to say that the king of Nauarre by reason of his religion can not be sacred or receiue the oyle obserued according to custom by the Guizians saying euer since Clouis the 1. so consequently may not be k. of France is to go about to make the accessarie principall of the accident the essence for the sacring of a king is no part of the essence or else they might serue for a difference in the definition of a king euē as the definition thing defined ought to haue relatiō so should it follow that he that were annoynted and sacred shoulde be king and euerie king should be annoynted and sacred Which notwithstanding throughout the whole line of the Merouing ans the Chronicles make no mention of sacring or oyle Clouis the first by the testimonie of Gregorie of Tours after his baptisme was crowned and carryed about the campe vpon a Target likewise Sigebert in steede of Chilpericke that was besieged at Tournay And according to Aimoinus certaine Dukes hauing conspired against the kinges Gontran and Childebert did at Briue la galliard make Gondeuault their king with like ceremonies which were common to other Nations For Brinion was made Duke by the Kennemer landes as saith Tacitus Valentinian the first and Pliocas by the Romaine army as sayth Nicephorus and Hipatius as saith Cassiodore Who then seeth not that the enemies pretended reasons are but folly accompanied with deceipt Hereto I will adde that at the request of these Guizians this realme should be made electiue also besides the law reasons aforesaide the custome should be violated sith that by the testimony of Agathius a greeke writer who liued in the yeare 400. and of Cedrenius who liued in the time of Philip the first king of France the Frankes hauing chosen the best forme of common wealth had no king but by successiue lawe But what stone do those men let ly still that yaune after principalities The house of Bourbon say these firebrands are at this day passed the tenth degree of agnation from the Royall house and therefore by the ciuill lawe excluded from succession Marke here you French men how this young Alexander this beautifull branch of S. Lewes Henrie K. of Nauar is not alone the marke that the wretched purposes of these strangers aime at but also all the Princes of the house of Bourbon generallie are barked at But in what sort with some breach still in the realme which holdeth of none but God the sword They heere oppose against vs the lawes of the Romaines and we say they are a-bodie without a soule sauing so farre as they take life at the authoritie of our kings as appeareth by the priuiledges granted to the vniuersitie of Orleance in the yeare Du Tillet in his collection of the kings of France cap. titres grand 1312. by Philip the faire and the decree dated the 15. of Iuly 1351. wherein it was saide that the king might derogate from the Ciuill law which also Philip of Valois put in practise in the two wils that hee made anno 1347. and in his donation to the Queen anno 1330. the 21. of Nouember To cut thē therefore off short this realme is not hereditarie but in the family and the succession of our kings is not ruled by a written law but by custome her grounded lawes which doo transport the crowne to the next of the blood royall descending from the male yea were he in the thousand degree And yet notwithstanding al these reasons and nothing considering Liui. lib. 2 Dec. 3. the saying of Fabius Max. we may oftentimes make right sicke but kill it we cannot the Guisians meane to pluck away the crowne from those whom nature hath made kings yea euen to bring the king to such passe that he must be forced to nominate to them a successor Although as saith the wise man The height of the heauens the depth of the earth and the harts of kings ought not to be sounded The Coūcel also Prou. 25. of Tolete excommunicateth all those that enquire who shall raigne ouer them after him that ruleth the scepter for besides a vitious curiositie we may still suspect some practise against the king And in deede when in the yeare 1566. in the Parliament of England the estates solicited the Queene to nominate to them a successor to her crowne shee answered them that they digged her graue before shee were
doo we not rather speake as did Rabirius by his aduocates mouth Gracâ—hus said he would rather haue suffered 1000. most cruell deaths then haue seene the hang man assistant in his court who by the lawes of the Censors ought to haue no habitation in Rome And yet is the hangman as the minister of iustice more tollerable then these who in their bloody executions were not authorised but by their owne ambition whereto they had so smoothed the way that there wanted no more but with open title to proclame themselues kings For to giue prouinces and the treasury to make lawes to breake them to determine of warre and peace to giue and take away offices to send embassages and in all things to haue the last voice was common among them what then did they want more then the name annointing and crowne hauing also laid their principall plot vpon certaine seditious ministers of their passions they drewe apace to the soueraignitie if God euen God truly the preseruer of France had not cast a blocke in their way anno 1560. by the kinges death whose name they made their buckler to the destruction of himselfe and his estate and vnder whose pretense they made the rampier of the vnruly effect of their immoderate passions so that not beeing yet throughly fortified with all things necessary for their purposes they stumbled in the mid way and their affaires suffered a chaunge But now Oye Frenchmen looke vpon your kinges funeralles his body without any pompe or solemnitie was conueied by Sansac and Brosse to S. Denis where it was simply buried Blush ye Guysians yea for shame hide your selues when you heare that Hanniball bestowed honorable funerals vpon the Consul Caius Flaminius whom he slew at the lake of Peruse that Lucius Cornelius did as much for Hanno the generall of the Carthagineans and Marcus Antonius vpon his enemy Arcilaus and yet you without any pompe doo commit to the earth the body of so great a king yea of that king that raised you to the tipe of honor Hide hide your selues I say when you vnderstand that Alexander spent 6. millions of gold vpon the funerals of Ephestion and yet you that haue beene so prodigall of the common-wealth in your owne priuate affaires are become so nigardly in matter concerning the funerals of one of the mightiest monarckes of the earth The Emperor Augustus euen in winter time came from Rome to Pauye before the body of Drusus Tiberius did assist the funerals of Augustus Caligula those of Tiberius and Nero those of Claudius The kinges Childebert and Clotaire led the body of Queene Clotilde from Tours to Paris Lewes the grose that of king Philippe the first from Meleun to S. Bennets vpon Loyre and Phillip the 3. holpe to cary the Biere of S. Lewes from Paris to S. Denis and yet you vnthankfull persons you mushroms of a nightes grouth cannot vouchsafe to set one foote out of the gates of OrleaÌ„ce for the least seruice of pietie to your maisters body yet must you be tearmed the Zopires of our kinges the corner stones of this realme the eyes the sinewes and the vaynes of this body but rather indeede the tirants of our kings the scourges of the poore people the spunges of our treasures you I say who haue no other God but ambition no other king but Auarice ne any other religion then desire of gain after which we see that you are fleshed as Rauens after cartioÌ„ who rather then to leaue your hold will sometimes cast your honour at your backs witnesse the lies that the late Lord prince of Condé in the yeare 1559. gaue you when he offered to forget his degree qualitie of prince to vpholde it against you with the point of hys sword or speare King Francis the second thus dead did for a time choke vp not their euill willes but theyr practises For vnder Charles the 9. although they endeuored to seed in him a marueilous mistrust of his subiectes yet began the estates at Orleance to taste them so neere and to go about to make them spue vp the treasures that they had swallowed that their best waywas in hast to folow Tiberius Gracchus one of the plagues of Rome who perceiuing that the senate were framing of his processe strooke saile quietly so that they thought it best to ship into Lorraine and thence into Germany where they promised the Princes of the Empire to frame theÌ„selues to the confessioÌ„ of Ausbourg which the Card. openly allowed and preached in the towne of Sauerne shewing the greater testimonie of his conuersion by the rich gifts that he bestowed vpoÌ„ Brentius the D. of Wittemberges minister wherein these ij fugitiues made theÌ„selues like vnto Theramenes slipper which ferued for either foote But what the hard fortune of France soone after called theÌ„ againe to the end to goe forward with their game and make an end of the set yea it placed them in the chiefest degrees coÌ„trary to the good example of the ancients who shut vp the gates of honour against such as yeelded no accompt of their administration vpon which ground Diodetus and Aeschines formed their complaint against Ctesipho at whose instance the Athenians had bestowed a Crowne of gold Plut. in the liues of the 10 Orators vpon Demosthenes before they called him to accompt of the office that was committed to him for the reparation of the walles of Athens which did import a blowe and alteration in the lawes which permitted not those that were accomptable so much as to giue any thing to the Gods neither as sayd the Emperour Antoninus to proceed to any dignitie in the commonwealth Out of this reuocation as out of Tit. de debit Ciuit. l. 1. C. Pandoraes boxe are come the warres murders and manflaughters wherin they so obstinately set themselues that in the yeare 1563 they had a soppe of the same bread with the cost of Francis of Lorrains life Howbeit the happe of this accident brake not the blowe of their purposes For hee left 3 sonnes in whome after hys death his passions liued and vnder the fauour of their vnckle the Card. they entred the same vowe as their father haue takeÌ„ the Crowne of France Plut. in Silla for the butte of their ambition so as of them we may say as the Romans did of Silla That onely they had changed the tyrant but were not discharged from tyrannie Also for their first blowes the studied to feede the warre that was hatched in their fathers and vnckles ambition and in laps of time namely in the yeare 1571 the kings fauour resembling a fayre winde the first of these three blinded with his good fortune and neglecting the meanesse of his race presumed so farre as to aspire to the marriage of that goodly flower of France Lady Margaret nowe Queene of Nauarre which comming to the knowledge of king Charles the ninth a Prince ielouse of the honor both of himselfe and of his bloud
all forraine fashions and kindes of life which long since had filled ours with bastardy sith it is much easier to know a fault in nature then any vnlikelines betweene the Prince and the subiect as saide Theodorike king of the Gothes in his writing to the Senate of Rome But because the enemies of this Realme and among others our selues do reiect this so holy sacred and hitherto inuiolable a law as some shadow dreame or bugbeare I pray you cast your view vppon custome time out of mind practised in Fraunce and that which hath no lesse force then all the lawes in the world euen by the saying of the Lawyers Thinges brought in by auncient custome doo seeme more iust then those that are commaunded by lawes Childebert left two daughters Cherebert three Gentran nine Lewis Hutin one who succeeded in the Realme of Nauarre but not of France Philip the long three who neuer quarrelled for the crowne to the which in processe of time succeeded Lewis the 12. who excluded Lady Anne Lady Ione the daughters of king Lewis the 11. and sisters to Charles the 8. king Francis the 9. set it vpon his head but not in the right of his wife Queene Claude daughter to king Lewis the 12. Hereto adde that the whole doth ordinarily retaine the nature of his country so that the crowne cannot fall to the distaffe sith that the propertie of the prouisions of the yongers of the house of France dooth euer in default in heires males returne to the crowne and with that condition did Lewis the 8. in February 1223. indue his brother king Philip of Fraunce Earle of Bologne and by his will dated in Iune 1525. left Artois to his second sonne Aniow and Maine to the third Poictou and Auuergne to the fourth with condition for default of heyres males to returne to the crowne The like did S. Lewis in March 1268. with the Countie of Valois to his fifth sonne Iohn of France also Philip the faire in December 1311. to Philip the long his second sonne after whose decease without heires male his daughter Ione of France wife to Eudo the 4. D. of Burgondy instantly challenging the possessory endowment of her father against Charles the 4. was ouerthrowne by decree of Parliament dated the 2â— of February 1322. This custome beeing of it selfe strong inough is accompanied with a decision of the law If the Intruders successors doo for the space of one hundred yeares holde the souereigntie in such case the prescription of so long yeares may serue for a title namely if there be no opposition or protestation of the subiects to the contrary as that of the tribune Aquila who tooke away the crowne that had beene set vpon Caesars image so as the successors of Hugh Capet hauing bin maisters of this crowne euer since the yeare 997. haue too important an exception against these Carlingues But vtterly to shut vp their mouthes we doo in truth say that our kinges are of the bloud of Charlemaine whose race hauing fayled in seuen geuerations after Capet was renued in the person of king Lewis the 8. For Philip August or Giuen of God in the yeare 1180. at Bapaulines marryed Isabell the daughter of Baldwin the 4. of that name Earle of Henault who was descended of Hermengarde Countesse of Namure daughter to Charles the simple from whose successors Hugh Capet tooke the right of the crowne of which marriage of king Philip and Lady Isabell was borne the 6. of September 1587. king Lewis the 8. father to S. Lewis out of whom as out of a nursery of plants are issued the noble families of Valois and Bourbon Yea I will say more namely that the Guyses cannot be of the branches of Charles of Lorraine the brother of Lothair the 33. king of France vnckle to Lewis the 5. neither consequently of Charlemaine for it is but 120. yeares since the race of VaudemoÌ„t tooke lande in the house of Lorraine which in lesse then 460. yeares hath fallen in seuen seuerall families namely from the house of Charlemaine into the house of Ardenne 1005. froÌ„ the house of Arden into the house of Bologne 1089. froÌ„ the house of Bologne into the house of Lembourg from the house of Lembourg into the house of Louuain 1106. TheÌ„ in tract of time René K. of Sicile sonne to Lewis of Aniou maryed the heire of Lorraine by whom he left a son named Iohn a daughter named Yolande who was wife to Fredericke of Vaudemont afterward in 1464. inherited the duchie of Lorraine through the decease of her nephew Nicholas her brother Iohns onely son hereby we plainly may see that these men are like Esops crow who disguised her selfe with many other fowles feathers supposing that processe of time might serue for a vaile to cloke their falshood but it falleth out clean contrary for truth is the daughter of time Then persuading theÌ„selues that their Iesuit a fit embassador for such potentates had remoued both heauen earth as well in Italy as in Spaine and that the brute of their false discent had brought such effects correspondent to their desires that the nobilitie had liked to lend them a shoulder and the people had bene wholy bent to their passions they brake the impostume and to the end to free themfelues from quietnesse which was nâ—â—some vnto them and to stiffle vp all peace which could no whit delight them eueÌ„ as an infected stomacke that can rellish no good food they did of late put in practise that game which their predecessors had kept close and sealed vp and so began to play at thrust out with the king True it is that for feare of going barefoot in so thorny a way they haue disguised their ambition with many faire pretences and to colour their warres they haue propounded 1. The rooting our of heresie 2. The nomination of a Catholike successour to the crowne 3. The reestablishing of the church in her aâ—ncient liberties 4. The reintegration of the nobility into their former dignity 5. The abasing of certaine persons whom the king hath exalted 6. The disburdening of the third estate Propositions which in outward apparance are good but bad in effect sweet to heare of but of bitter tast wholesome without but heauy within For the two first are forged against the king of Nauarre and the Prince of Condé the rest haue no other end but to yeeld the king odious to the clergie hated of the nobilitie and to pull vpon him the malice of the people This is the rediest way that they can finde to preuent the greatnesse of the king and of the two chiefâ— princes of the lillie and to make that agreement with vs wherof Demosthenes warneth the Athenians by the sheepe and the wolues that willed the sheepe if they would haue any peace with them to deliuer into their hands all the mastifes that kept them Of the rest of the Princes they weene to haue a great peny-worth which all
his great Empire with the spoyles of Christendom And who dooth not in that Councell note rather the cruell furies of Antichrist and the bloudie passion of Nicholas Abbot of Palerme principall author of that decree than a milde inspiration of the holy Ghost and an Apostolicall voice Or what Christian Potentate liked of that resolution when Luther was by the Popes Bull denounced an Arch-hereticke the Emperour Charles the fift in the yeare 1519. gaue him his faith to come to the dyet at Wormes where Eckius building vpon the decree of Constance would haue bought his life with the price of the Emperours faith yea euen at the same price as were Iohn Husses and Hieromes of Prague But there was no Prince but detested that bloudie minde and Luther was sent safe home with a pasport and strong hande Since that time the Emperour Charles hauing made a league with the Soldan of Persia and king Francis the first with the Turke layed in no better pledges then their owne faith as also Iosua when the Gabaonites had deceiued him woulde not neuerthelesse violate the agreement made betweene Iosue 9. them least sayth he the wrath of God that they had sworne should fall vppon them Vpon this ground did Pope Gregory the ninth cut off al those generally frō the Church that willingly did breake their othes These examples do stande with reason for if it be lawefull to parley with Infidels it is also necessarie to keepe promise with them otherwise it were the waye to quench all hope of reconciliation besides that it is a manifest decision That those among whome there is any communitie of right might mutually binde them selues one to an other For this cause did the Romaynes alwayes make a conscience of breaking their faith with banished persons and such as were conuict of anie notable crime because by the saying of the Lawyer Martian They doe participate in the right L. Sunt quidam f. de paen Bona fides ◠depos of Nations And to whome Triphonius willeth wee shoulde restore the gage and pledge in respect of the lawe of Nations and of Nature which stretcheth euen vnto theeues to whom we must keepe promise as did Augustus to Crocotas and Dagobert to the Bulgarian robbers that were scatered all ouer Fraunce No lesse to such as haue Cic. Philip. 12. Salust in Coniur. Catelinae betrayed their Countrie with whome as a Romaine sayde wee may often enter parley and keepe promise inuiolably as Salust noteth in the confederates of Cateline who by decree of the Senate were denounced publike enemies Otherwise we must promise nothing for infringing our faith which is the foundation of all agreementes For this cause would not Tiberius heare the Embassadours of Tackfarin a Captayne of certaine theeues in Africa and the Romaine Senate woulde neuer growe to anye accorde with Spartacus when he had alreadie ouercome them in three pitched fieldes and was Captaine ouer sixe thousande bonde-men As also the Venetians by a decree of the ten published in the yeare 1506. forbad their Gouernours to giue anie safe-conduct to the banished men Now as for vs we haue not to do with men of such sort eyther with such as haue falsified their obedience due to the king The spindle that wee are to reele is with frenchmen with whom wee haue communitie of birth of lawes of manners and customes so that beeing so straightly bound togither as well by ciuill lawe as by nature and after the example of the ancient Romaines and other famous Princes the great masters of Iustice and of publike fayth wee can not in their respect dispence with so religious a bonde as an oath notwithstanding the purport of the decree of Constance correspondent to this maxime of Lisander Wee must deceiue children with small bones and men with cates Plut. in the notable sai-ings of the Lacedemonians Thus much for the question of lawe Nowe to that of deede whether those whome wee terme Protestantes be attainted of Heresie Wee call those men Heretikes who with obstinate ambition doo depart from the articles of our faith all these articles doo consist in the Apostles Creede whereupon the Protestantes doo grounde their beliefe They doo abandon the way of worldly honours they walke in the contrarie euen in the path of persecution and disgrace they will not bring in mans fantasies to be rules of faith but they promise to amende if they may be better instructed bee they then obstinate ambitious or heretikes It is to no purpose to alleage the Councell of Trent vnlesse we prooue it to bee lawefull The Councell of Millaine consisted of almost three hundred Bishops Sosomenes lib. 4. ca. 8. Euagrius li 1 cap. 10. who in a manner all condemned Athanasius that mirrour of vertue that lampe of the Church of Heresie In the seconde Ephesine Councell was that holy Bishoppe Flauian and his adherentes banished and the doctrine of Eutiches allowed Will you then call such congregations lawefull councels or rather the diuelles great daies the assistes of Antichrist and the generall estates of the enemies of the faith Moreouer king Francis the first knowing that the Councell of Trent was framed onely for the priuate profite of some and not for the Christian common wealth protested by the mouth of his Ambassadour the Abbot of Bellozane that neyther hee neyther anye of his realme should be bound by the decrees of the same counsell The like did Henrie the second vppon the support of the authoritie of al his parliaments who euermore withstood the decrees wouen at Trent as being of no force and abusiue But the K. of Nauar hath his more particular exceptions he is a soueraigne K. and one of the auncientest yea the fourth in the degree of the kings of Christēdome yet was he not called to this councel so consequētly there can be no default in him for as saith Harmogenian Hee is a contumaxe who hauing had three summons or one peremptorie day L. Cōtumacia F. de re Iudic. doth not appeare so that the sentences formed against him those of the religion haue no ground and as the Emperors Dioclesian Maximilian do say The sentēces denounced against the absent that haue L. Ea quae C. quomodo quando iud c. not bin lawfully summoned can haue no force in the matter iudged Yea in ciuill causes the party absent is ordinarely restored much rather then in criminal causes cōsidering that as the lawyer Paul saith We ought L. Diuus F. de in Interrest L. Arrianus F. de act oblig L. I. C. de requie re to be more enclined to absolue then to condemne For this cause would not the Emperor Valerian permit the determining of the processe of the partie absent being burdened with trespasses but that an inuentorie being taken of his goods he should be summoned to purge himself of such crimes as he was charged withall These circumstances not obserued in the Tridentine
of the time and place they were at Paris amongst their enemies who barked at their liues and were dyed red in the bloud of their seruants yea euen in the time that the Frenchman was the cruell butcher bloody murderer of Frenchmen that the father cut his sons throat that the mother slew the daughter that the brother dispatched the sister one neighbour killed another cruelty triumphed ouer clemencie and rage ouer pitie who then at such a time with a trembling hand would not haue written whatsoeuer his enemies had endited But in such cases the lawes of the Emperors and edicts of the auncient Pretors doo declare all such actions none as if they had not beene for that is not called consent that we force him to doo that is depriued of his power for this cause doth Pope Alexander the 3. will Cap. 1. ext de his quae vâ—met Abbas Vsperg in Hen. 5. those meÌ„ that for feare of death are become Monks to â—ast their weed into the nettles to marry And Pascall the 2. hauing beene forced the right of inuestiture of benefices to the Emperour Hen. the 5. called a councell at Lateran where he made voide all that by force he had bene compelled to doo Likewise Platina de vitis Pont. the dooings of Silla were denounced to be tyranny because that he hauing a mighty army within the walles of Rome established himselfe Dictator as also did Caesar by the law Seruia So that the king of Nauarre and Prince of Condé may iustly disallow the declaration contained in their letters sith that the more force that was vsed the lesse will they had At all aduentures from whence doth the Pope take this authority to excommunicate the goods Kings saith Christ haue dominion ouer the nations but it Math. 20. shall not be so among you Feed saith S. Peter the flocke of Christ not as hauing dominion ouer their heritage but so as you may be an example to the flocke Iustinian Epist 1. c. 5 Nou. 81. also writing to Epiphanius diuideth the ministerie from the Lordship and in an other place forbiddeth the Priests to take vpon them the titles of Lords but of spirituall fathers Yea Balde one of the bucklers of the Romish Priest exalting his power is still forced to put in this bridle In spirituall cases and S. Bernard speaking to Pope Eugenius saith It is euident that the Apostles are forbidden all Lordship how therefore darest thou vsurpe the title of an Apostle in playing the Lord or play the Lord while thou sittest in the Apostolike sea In olde time also the Priests iudged of heresies but not of the punishment of heretikes which was the reason that S. Paule was brought before Festus Act. 25. Theod. lib. 1. cap. 20. Tit. de heret c. 1 lib. 1. De sum trinit L. Placet de sacro Eccles c. the Emperors Lieutenant that Constantine forebad the Bishops of Nicomedia from shewing any fauor to Eusebius and Theognis that Honorius appointed the Prouost Marcellus to be a iudge for the Catholikes against the Donatists and that the Emperors Constantine Gratian Theodosius Iustinian did ordaine grieuous punishments for heretikes Yea in the olde time so farre were the sacrificers and Priests from medling with secular iurisdiction or incroching vppon the authoritie of kinges that in whatsoeuer concerned priestly discipline they bowed to them Salomon deposed Abiathar the high 1. King 2. 1. Chro. 29 Priest and placed Sadoc in his roome Ezechias reformed the order of Leuites and brought them vnto their first puritie Iudas Machabeus deposed the 1. Macab 4 Liuius lib. 1. dec 1. wicked Priests of the law and Numa saith Liuy deliuered in writing and signed a note vnto the high Priest with what cattel vpon what dayes in what temples they should offer sacrifice from whence they should haue the money to furnish such expences Afterward by the law of the twelue tables the whole depended vpon the wil of the Senate who by that authoritie in the Consulship of P. Cornelius Lentulus and M. Bebius Pamphilus did openly burne the bookes of Numa as being repugnant to their religion the like also did Constantine with the Niceph. lib â— â— 18 bookes of Arrius for from time to time the power of holding councels and ordering the churches depended vpon the Emperors as we may gather by the decrees of Constantine Gratian and Honorius written in the first Code of Iustinian who said That he had no lesse care of religion then of his owne life and of whom we read 17. constitutions concerning ecclesiasticall discipline As also our kings vppon the like argument haue builded many goodly decrees namely Charlemaine and Charles the 7. who the 13. of Iuly 1438. published the Pragmaticall sanction at Paris indeed as saith Isidore Emperors and Kings haue the first degree in the Church whose nurses they are according as Esay saith chap. 49. which was the cause that in olde time they had the greatest functions in the Church as commanding of fasts and calling of councels c. That Boniface the 1. besought the Emperor Honorius to ordeine that they might lawfully proceed to the election of the Popes of Rome that Pelagius the 1. sware in the hands of Ruffin Childebert K. of France his embassador that Leo the 4. protested obedience vnto the lawes of Lothair and that Gregory entituleth himselfe the vnworthy seruant of Maurice But since the Popes gat a tast of worldly affaires they haue endeuored to satisfie themselues at the costes of the authoritie of Kinges and Emperours whom notwithstanding that according to S. Paule euery soule ought to bee subiect to them they haue gone about to bring in subiection to the crosse of Rome whereto their enterprises haue had so good successe that they haue made the kings of England Arragon Naples Sicill Ierusalem Poland Sardinia Corsica and the Canaries tributaries to the Pope wherupon the Clergie themselues considering that they had girded too far into temporall iurisdiction that ofteÌ„times their ambitioÌ„ opened the gate into sundrie schismes were forced to bridle them and the Emperors to restraine their insolencies as the Patricians were wont to doo at Rome who as witnesseth Liuie Thought good that the Salians and Flamines Liui. lib. 4. should without farther power and authoritie tende to their sacrifices onelie Thus in the yeare 1046. the christiaÌ„ bishops seing the wound which the church receiued through the ambition of Benet the ninth Abb. Vrsp in Hen. 3. Siluester the 3. and Gregory the sixt Antipopes did canonically depose theÌ„ al in a sinode holdeÌ„ at Rome being supported with the authoritie of the Emperor Henry the third Afterward anno 1076. a councell was holden at Wormes wherein with the consent of all the Germaine Bishoppes except the Saxons Gregorie the seuenth called Hildebrand was excoÌ„municated as one that brethed nothing but tyranny Abb. Vrsperg in Hen. 4. as appeareth by a letter which the councel wrot
the bodie or rather to slay and not to heale to vexe not to comfort by darkenesse to shewe light and by crueltie to teach courtesie If thou wilt not destroy thou must vse instruction to instruct thou must subuert to subuert thou must conuince and to conuince reason is necessarie Is it reason to passe to condemnation before proofe to commit the stewes to the reformation of harlots and the execution of sentence to the partie adiudged To the generall reasons of this discourse the king of Nau. and prince of Conde do adde particulat exceptions As that by decree of Charles the 6. published anno 1369. it was forbidden to excommunicate any towne communaltie bodie or colledge of this realme besides that by the priuiledges of the lilly the Pope can not excommunicate either the kâ— or his subiectes so that Clement the 5. by his bull made voide the interdiction of Boniface the 8. against Philip the faire declared this realme exeÌ„pt froÌ„ the Popes power so was accounted adiudged by Alexander the 4. Grogory the 8. 9. 10. 11. Clement the 4. Vrban the 5. Benedict the 12. Also in the yeare 1488. the kings proctor appealed as of abuse from the excommunication that the Pope had cast vpon the inhabitantes of Gaunt vassals to the crowne of France And the court of Parliament by a decree of the 27. of Iune 1526. and an other of the last of Ianuary 1552. declared the clause by the Apostolike authoritie inserted into the Popes rescriptes and sent into France to be voide and abusiue Againe when in March 1563. the Romish inquisition had cited the Queene of Nauarre personally to appeare before the Pope within 6. months vnder paine of confiscation of goods king Charles the 9. thinking that this adiournment touched his honor and the priuiledges of his realme tolde the Popes Nuntio that hee would chastise the authors of that enterprise As in the like case did Lewes the young 1143. deale with Tibault Earle of Champagne who had procured Raoul Earle of Vermandois to be censured Hereunto do I adde with Du Du Tillet cap. of the Peere Tillet bishop of Meaux that wee ought not to suffer a peere to be excommunicate because we are to be conuersant with him about the kinges counsels who in case hee had not whereof to liue ought to finde him Vpon such reasons examples and priuiledges do the king of Nauar prince of Conde depende and as true Frenchmen make a shield against the enimies of France who for preparing the way to their ambition with the price of the poore people do studie to corrupt those goodly priuiledges vsing the priest of Rome as the minister of their furie who being filled with rashnosse haue hatched The Guizians second pretence all the tragedies at this day played in France yea euen so farre as to seeke to make the king to nominate a successor to the Crowne In olde time the Dictator Fabius Buteo endeuouring to bring into order that which time and necessitie had disordered sayde that he would not depose out of the Senate anie of those whome the Censors C. Flaminius Liuius li. 3. dec 3. and L. Aemilius had established Who can then beleeue that the king woulde depriue from the right of the realme those that are called not by the Censors but by the lawe which is the â—â—le of Censure I meane that grounded lawe of France by vertue whereof the successor is seised in a manner during his predecessors life and without other inuestiture is halfe possessioner wherof groweth this prouerbe In France the king neuer dieth Besides to corrupt those lawes whereby hee reigneth after his predecessors euen since the beginning of this Monarchie were as much as to hate himselfe for although we liue vnder a soueraigne whose handes can not be bound yet must we say with L. Valerius against the Oppian law There be lawes that Liuius li. 4. dec 4. be inuiolable in respect of the perpetuall profite of the common wealth and there be others necessarie for a time only those do neuer die but these are mortall according to the diuersitie of occurrences So that these thinges thus by nature distinguished we place first the laws Royall and such as concerne the state of the realm because they be annexed and vnited to the crowne as is this lawe of succession to the preiudice wherof the king can not elect any other successor then whom the same doth appoint him and in this case we may say that which Pacatius saide to the Emperour Theodosius That onely is lawfull for thee to doo Bartol in li. prohibere Plane f. quod fiant clam that the lawes do permit and no otherwise for diuerse considerations First that that is obserued in part must take place in all But the kings do holde it for a generall rule that the publike demaynes are by nature holy sacred and inalienable For that cause was the towne of Zikeleg that Achis gaue to Dauid neuer alienated And the kinges of Englande France Spaine and Polande do sweare neuer to dismember their demaynes yea the king of Englande in his treatie with the Pope and Potentates of Italy added this clause That they should giue no part of the demaynes of Fraunce for the deliuerie of king Frances The reason is because the demaines of the Crowne is a publike valuation in respect of the prosperitie thereof the profite whereof is made priuate and particular to the king that reigneth only so long as he liueth This caused the Emperour Pertinax to raze his name that was grauen in demainiall inheritances that Antonine the pitifull would not dwell but vpon his owne inheritance and that Lewes the 8. chose rather to sell his owne moueables iewels for the satisfying of his legacies then to touch the demains which considering the other rights of the common wealth can be tearmed but a part thereof so that if the king can not alienate much lesse may he passe away his kingdome and subiectes from one stocke to an other The second consideration shall be taken of the example of tutors who as witnesseth Aulus Gellius lib. 5. cap. 9. could not passe away their pupils into other mens power neither kinges their subiectes considering that they are onely tutors to the people to whose generall benefite their eyes ought to be more open then to their owne particular commodities and by the saying of an auncient man Euen as tutorshippe so the charge of Cicer. lib. 1 Offic. the common wealth hath more regarde to the profite of the Gouernors then of the gouerned So that if the king being ledde by euill counsell transferreth his realme the fittest to succeed may frustrate whatsoeuer hath beene done to his preiudice which was put in practise by Charles the 7. against Henry the 5 king of France and England who in respect of his marriage with Lady Katherin of France daughter to Charles the 6. was inuested in this realme as appeareth by the
deade at the least shee might say that they endeuoured to abase her authoritie for as said Pompee Men worship the sunne at her rising rather then at her setting But to what purpose is this naming of a successor The Aegyptians surnamed all their kings Pyramis which signifieth the selfesame thing because wee cannot tearme anie thing good in nature that is not proportioned in all parts Who then Arist l. 7. Polit. dare be so bold as to say that our king being a man is none either that he is vnable to engender If by nature the time of generation endeth not before 60. yeares or as some say before 70. shall wee say that a lustie Prince euen in the flower of his age is past hope of issue also if as Seneca saith Euerie lighte beleefe is a foolish document whie shoulde wee perswade our selues that our king is barren but let vs proceede to that that goeth yet nearer The Guysians by vow and profession ancient enimies to the blood royall of France weening to haue brought his maiestie to haue a tast in practising the counsaile that Tarquine the proud gaue his sonne Sextus which was to slay all the chiefe lords of the Gabiens and thinking it an easie matter to breake an eele with their knee and to wurry the Princes of the blood who cannot be so much as shaken without the totall destruction of this estate do by their last propositions studie to bring al the estates of this realme out of tast with their duetie whereto nature and the law of God doth bind them and vnder the kings support to oppresse the Princes of the blood and by the subiects reuolt to trippe away the kings legge This appeareth euidently for in propounding The Guyses third pretence to reestablish the Church in her liberties and and ancient priuiledges seeke they notto bring in the clergie to plaie gainst his maiestie Hath the church lost her prerogatiues Who but he that hath authority hath taken thē away or who hath authority but the K. onely But if as a certaine Emperor said we ought not to haue any sinister opinion of our Princes who shal say that our king hath willed more then he ought or that he hath not ruled his power with reason It is said Plinie to the Emperor Traian the highest degree of happinesse to be able to do what a man will and of greatnesse to will that which a man may Now this power is not measured according to mans affections but by the foot rule of vertue and lawes Herein do we know tyrāts from kings for tyrants will haue their affections serue for lawes and kings haue no other affections but lawes yet as if his maiesty had contrary to all reasō rauished from the church her ancient liberties these Guysards wil restore them to her againe But what doo these Mushromes of a nights growth call ancient In old time according to the decrees of the of Antioch and since by the ordinances of Charlemaine the Election of bishops consisted in the approbation Theod. li. 14 cap. 18. of the people without whose aduow the vniuersal Councel of Cōstantinople would not ordaine Nestorius bishop when Athanase declared Peter his successor the people saith Theodoret did allow him Yea euen by the decree of Pope Nicholas The election of Popes made by the Cardinals ought to be ratified by the people In olde time the Pope was no Prince of Priests neither was president in coūcels where the order of the Hierarchy ought strictly to bee obserued In the Councell of Nice Athanasius was present In the second of Ephesus Dioscorus Patriarch of Alexandria In the fifth of Cōstantinople Menas Patriarch of the same place At Carthage Aurelius Archbishop of the towne and S. Cyprian speaking of the bishop of Rome calleth him but brother or companion In olde time the Guysards were no bodie of late of pettie companions they are growne vp at the cost of the crucifix Restore things then to their first estate and ye make a breach in the Popes authoritie and the Guysards must lose their grace yet do they speake of reestablishing the Church in her ancient priuiledges but from whence haue they this authoritie from their ambition By what meanes by sucking the goods of the Church not for the aduancement of the clergie but to smooth the way to their pernitious practises like as those factious persons Robert Earle of Angiers and his brother Hugh who seeking to wrest the scepter out of the hauees of Charles the simple hyred their men with Church goods But these men will keepe her O what a good keeper of the sheepe is the wolfe How will they keepe her with armes as if they might leuie armes without the Princes commandement who is the dispenser of the same Read ouer the lawes you shall finde that L. vnica c. vt ar vsus c. Taboeth in para Reg. the enemies Valens and Valentinian doo expresly forbid the raysing of any banner without their authoritie Examine the regall lawes and you shal find that it is one point of maiestie to appoint war looke into reason there shall you know that the taking of armes which toucheth the commonwealth should not be practised by any particular person peruse the histories there shall you see that the estates of the Athenian people denounced warre as they did against the Siracusians Megarians and the kinges of Macedon you shall find that the Aetolians forebad Liuius lib. 31. the concluding of any thing concerning war except in Panaetolio Pylacio consilio also that at Rome it lay in the people to denounce as they did against Mithridates by the lawe Manilia against Philip the second king of Macedon by the law Sulpitia against the Pirates by the law Gabinia And because Caesar Plut. in Cat. warred in France without the peoples commandement Cato was of opinion that the army should bee reuoked and Caesar deliuered to the enemies Yea the Senate seeking to encroch that authoritie vnto themselues was still withstood by the Tribunes There was saith Liuy debate touching the resolution Liuy lib. 4. whether warre should bee denounced by the commaundement of the people or whether the decrees of the Senate should suffise The Tribunes had the vpper hand as also it fell out when the second Punike warre was motioned also when they were to fight against the Hernicques Vestins Palepolitains Prenestines Eques Likewise when the Tarentines denounced warre to the Romains The Senate Plut. in Pyrr saith Plutarke gaue the aduise and the people of Tarent granted the precept What lawes then what right what reason what examples do authorise or rather do not condemne the weapons of these perturbers who of their owne authoritie haue kindeled the fire of an vniust cruell and bloody warre And shall these bee the bucklers of the faith and pillers of the church no but the diuels sergants scourges of Antichrist for warre murder and cruelty are no marks
accursed seede of their doctrine throughout Europe in Italy yea euen in Rome the sea of that holy Priest If they bee so deepe as they say in the king of Wisigothes fauour why doo they not perswade him to expell the Moores out of Spaine If they be kings of Hierusalem why goe they not to thrust out the Turkes If they be Princes of the Empire why do they not display their force against the Lutherans but must needes come to disturbe the quietnesse of Fraunce wherein they are but straungers But herein may we see our bad destinie that hath brought vs to that passe that wee take our enemies for our frends periured wretches for faithfull persons forreiners for houshold seruantes and Atheists for religious men so as we may say Ephraim is as a cake on the herth not turned straungers haue deuoured his force and hee knoweth it not Thus much for the first attaint that they giue the king let vs proceed to the rest Their bad Angell the spirite of discord hath taught them that there is a great sympathie or resemblance betweene heauen mans body and a monarchy that in each of them them there are two principall things In heauen the sunne and the moone In mans body the head and the hart In a monarchy the king and the nobilitie That the eclipse of the sunne or moone darkeneth the heauen the sicknesse of the head or heart disquiet the whole body and through controuersie betweene the king and his nobilitie the whole monarchie tendeth vnto destruction Following therefore this lesson they seeke to kindle the torch of diuision betweene the king and his nobilitie for whereat The Guysards 4. 5. pretēces else dooth that fierce desire to encroch vpon certayne gentlemen whom the king hath aduanced ayme or whereto tendeth the reintegration of the nobilitie in her former dignitie It is noueltie it is a wonder in France yea it is felony it is sacrilege that a subiect should set downe a law and measure to his Prince that he should bridle his will that he should limit or straighten the supreme authoritie It is a spite to nature that the arme should command the head that the soule should obey the body and that reason should stande in awe of the sences It is the dissolution of all ciuill societie to make the maister to honour the seruaunt the regent obey his scholler the magistrate yeeld to the passions of the people And what is all this but to seeke to make the Prince hate those whom he loueth cōtemne those whom he esteemeth abase those whom he aduanceth and to face him to will that that hee willeth not and yet is it the thing that the seditious nowe seeke to put in practise it is one of the marks that their purposes doo aime at it is the way that they take to crosse the kings power but vnder what pretence that men of base gold haue receiued open honor and honorable persons be forced to lye at ancker Who complaineth strangers What strāgers such as of petie companions haue by the liberalitie of our kings beene exalted But admit they were houshold seruants yea naturall Princes what of that If the king holdeth not the crowne of vs but of God and the ancient law of this realme who diuideth honors as he listeth why should we prescribe him a law and measure in louing of vs Kings vse not to submit themselues to that distributiue iustice of the rules of Philosophie which measureth the reward by the desert neither to the forme of the Olimpian iudgement which had certaine lawes beyond the which they neuer passed Kings are as auditors Realmes as counting houses and subiects so many coūters whom we make to be worth sometime 100. sometime 1000. and sometime 10000. Kinges doo resemble the sunne and dignities the moone which sometime appeareth great sometime small now in a corner then in the plaine middest sometime light sometime darke euen as the sunne giueth it light and euen so do kings make dignities high or low great or small as occasion falleth out according to the time as it please them in which case the subiect should resemble the Lesbian rule which bendeth some time to one side sometime to another euen as it please the soueraigne and so shal we haue the subiectes obedient to Princes which the ancients as Eschines saith haue pictured vnto vs by the goddesse Pitarchie the wife of Iupiter and mother of felicitie I say not that the Prince should indifferentlie deuide honors for the reward of vertue being communicated Plut. in Nicia Liu. lib. 9. de 1. to the vnworthie groweth into contempt as it happened at Athens when the people seeing Hyperbolus fallen brake the Ostracisme at Rome when Flauius Appius libertine had gotten the office of Aedilis Curulis and in France when Charles the sixt at the siege of Bourges made aboue 500. Monstrolet cap. 93. bannerets But by force violence and open threat to endeuour to limit the kings will is it not to seeke to stay the sun or rather to fasten a haulter to hange themselues For if the the law do deeme those guiltie of treason that haue vsed the Emperors sacred L. Sacri affatus cap. de diu vesc anker If in old time the Romaine Censors disgraded a bourgesse for yaning too wide in their presence if in respect of the magistrate it was not lawfull to laugh in the Senate of the Areopagites and if according to Vlpian the magistrate may lawfullie proceed by a mends and seisure vpon body goods against those that rashly do speake against him what shall become of these rebels that doo bring the subiects out of taste with their due obedience to the K. that doo kindle the fire of sedition in his estate that arme themselues against his person that seise vpon his townes that do conuent forren Princes to the spoile of his realme And the law Valeria saith that in such cases we must preuent the way of iustice by the way of deed Whereat then stayeth it ye french men that the lawe is not fulfilled what letteth vs from imitating that good tribune Aulus Cornelius Cossus who in the battel spying out Tolumnius the Captaine of the Fidenates exclaimed saying Is this that periured and breaker of alliance Is this that defiler Liuie lib. 4. dec 4. of the common law of nations And wherefore do not we with that valiant Romaine bring to ground with the speares point those traitors those periured persons that do breake the law of nations that doo delight only in our displeasure and do bring this estate into combustiō To say that they wil restore the nobility to their first eminencie is to couer themselues with a wet sacke for who but their race haue troden vnder foote al respect of French nobilitie who but their father and Oncle caused that by edict of the 18. of August 1559. al donations sessions transports and alienations giuen to Gentlemen in recompence
third reason is ciuill for by the lawes it lyeth not in the meaner magistrate to cōmād the greater neither may he resist the iudgement of his superior as sayth the Emperour Iustinian or correct his acts either take notice of appeales from him as Vlpian saith yea if he chance to admitte any accusations against his superiour he may be taken for a partie and called into an action of iniurie as Caesar when he being but Praetor was accused before a Quaestor to be a partie in the conspiracie of Cateline he caused the iudge to be cōdemned in great fines because Suetonius in Iulio sayth Suetonius he suffered a greater magistrate to be accused before him Also by decree of the Parliament the 7. of Ianuarie 1547. all inferiour iudges were forbidden to vse any defences against the royall iudges because by an auncient saying The lesser may not commande the greater Doth it then beseeme the Guisardes to receiue the peoples complaintes to take notice of the kinges actions or to limitte the kinges will Besides sith that vnder the benefite of peace tilled by his Maiesties wisedome the people were freed from sundrie impositions what need we now counterfeit Hercules Dyon Timoleon or Aratus who were intituled correctors of tirāts must we vse such corrosiue medicines where there was scarce any sore where passed calamities were buried vnder the law Amnestia wold right that we should preuent the way of Iustice by the way of deede were it reason the seruant should prescribe a law to his master Is it not the custome in case of excessiue exactions to haue recourse to the estates as we had in the yeare 1338. in the time of Philip of Valois Otherwise to proceede to fire and sworde before wee lay any playsters is to fester not to close vppe the wounde to empaire not to amende the condition of the people which had neuer good successe against their king vnder Philip the faire anno 1312. vnder Charles the sixt about the yeare 1382. and vnder Henry the second the people oppressed with extraordinarie taxes sought by force to shake off that yoke but the whole storme light vppon themselues Not that I meane herein to imitate Anaxarchus who to the ende to comfort Alexander who was oppressed with sorrowe for the murder of Clitus tolde him that Dice Themis that is iustice and equitie are Iupiters assistors thereby to shew that whatsoeuer the princes actions can be no other but iust and right but contrariwise I say that it is euill done to wast treasures prodigally and to oppresse the subiectes as Tiberius Caesar saide It is the part of a good shepheard to sheare his sheepe not to slea them I say with Seneca the more lawfull that all thinges are to the king the lesse lawfull they are And that the father is not more bounde to the bringing vp of his children or the nurse to giue them her breast then is the Prince to the protection of his subiectes But withall I say that resisting the power by God established we resist his ordinance also that it would proue a dangerous gappe of great consequence if conspirators might by force and violence proceed to reformation as do these factious persons that manifestly do aspire to the crowne which is the thing that hath armed them neyther must these hypocrites alter the occasion for at whom are they greeued Not at the third estate for as they say they purpose to discharge the same of the burden of subsidies neither at the nobilitie for it they will restore to the auncient dignitie neither at the Clergie for they go about to reestablish the Church in hi◠ancient liberties neyther at the Protestantes for they shew all fauour to sundry of them besides that heretofore they haue sought to giue them a desire to come vnder the couert of their protection therein resembling but with this glose if the Protestantes Plut. de defect orat be heretikes the God of the Planetiades who expelling the wicked by one gate let them in againe at an other It is then the king that they shoot at the Princes of the bloud Iustice yea it is all good Frenchmen that they are offended withall and yet do they liue yea they liue in greatnesse and glorie and are esteemed faithfull in their disobedience loyall in their disloyaltie true in their falseshoode peace masters in their bloudie warres zealous to the common-wealth in their priuate commoditie fathers of the people in exactions and pillers of the Church in their sacrileges This is the cause O eternall God that hast so long fauoured the French Monarchie that we do present to thee our teares our sighes and sobbes for what else may a torne people rent in peeces with a thousande mischiefes and choked with forren tyranny present vnto thee O Lord in their anguish they visite thee and thy discipline causeth them in complayntes to crie vnto thee Sith therefore thou art pitifull take from vs the torch of thy indignation couer our faultes with thy grace and display thy prouidence vpon this miserable estate Let thy issue be prepared as the break of the day and come vnto vs as the slow raine and seasonable vppon the earth Wherefore O almightie God who art the Iusticer sith thy fury traceth like the fire that the rockes do cleaue before thy face plead O Lord with plague bloud with these infamous monsters who delight only in murder and crueltie Come vpon thē in a storme and let thy pathes be in a tempest giue them to be a slander and curse in all places Send vpon them famine and sword and make them O God to reape the whirle winde because they sowe the winde And you O most christian king weene not in reading this to heare the voice of a mutinouspeople and such as desire domesticall troubles but rather Sir the mournings and as it were the last sobs of your poore subiects Hearken O mercifull king to the complaints of your France which is deuided into factions spoyled by the stranger and couered with sores Is it not enough sayth she that man is borne in teares growe vp in sighes liue in payne and finish his life in griefes but he must be made vtterly miserable Is it not enough that beeing bauled at of my enemies I haue groned vnder the burden of so many forraine warres but that my owne children must pearce my flankes plucke out my guttes and bath themselues in my bloud Is it not enough that the plague consume mee but I must bee wasted with famine Is it not enough that I perish with hunger but that warres must hasten my death Is it not enough that I become a fable to strangers but they must drinke my bloud gnawe my bones and sucke vp the marrowe of my children And if as the wise man sayth the multitude of people bee the Crowne of the King and that the principall lawe that God and nature hath giuen vnto Princes is the preseruation of their subiectes