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
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
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
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
by Dagobert if we wil beleeue Floart by Childebert Pepin Charlemaigne Lewes y e Meeke Lothaire as witnesseth their goodly Chapters also by Phillip giuen of God Saint Lewes in his Pragmaticall sanction of the yeere a thousand two hundred sixtie eight Phillip the Faire in his Edict in the yere a thousand three hundred and thirtie Charles the seauenth in the yeere 1453. Charles the nineth in the Estates of Orleans and Henry the 3. now raigning Which also was most learnedly declared to Lewes the eleuenth by two Presidents of Inquestes of the Court of Parliament in a treaty that vnto him they exhibited in the name of all the cōpany Yea wee doe perticulerly finde that the generall Estates of France assembled in the Towne of Tours in y ◠yere 1483. did desire Charles the eight to reforme the Clergie as beeing of his charge authoritie because the Pope had no Iurisdiction ouer the Bishoppes of Fraunce as by an Edict generall it was published in the Parliament vnder Charles the seuenth in the yeere 1407. and is to bee seene in the Registers of the sayd Court Yea that Court hath so farre proceeded as sometimes to decree that the Popes Buls and rescripts giuen out against the libertie of the French Church and Maiestie of our King should be cancelled broken and torne Neither was it lawfull for his holinesse to send any Legate into France except with his Maiesties good will and without preiudice to the rightes of his Crowne as by an Arest of Parliament it was declared in the yeere 1484. After by the same Court haue oftentimes the power of the said Legates sent with the Kings consent bene restrained from al authoritie to enteprize against the rightes of the Crowne of France which limitations and liberties the Popes neuer controuled Sith therefore it is the King that giueth you the Bishoprickes Abbayes and Ecclesiasticall functions that your maners orders and correction depēdeth vpon the royall Maiestie and rightes of his Crowne why wil you not suffer me with S. Ambrose to auowe that he may sell dispose and employe the temporalties of the Church vpon the necessities of his Estate without procuring the lisence of the Pope of Roome alwaies prouided that his Maiestie leaue sufficient for the sustenance of the Priestes and others that haue charge of the deuiue Seruice For you also doe know that whatsoeuer you take more then for the necessitie of your life onely is theft or meere robberie and so termed by the holy decrees founded vpon the expresse commaundement of the Apostle that you should be content with your food and sustenāce and by the Canons you are straightly forbidden not to giue any portion to either kinsman allie or friend whosoeuer And in deede so soone as the Church perceiued that your Predecessors did abuze that too much confidence which the first Christian Emperours had reposed in their pietie touching the distribution of Church goodes which by litle and litle through the conniuence of very zealous Princes who did too much assure them selues of the honestie of Bishops they had recouered she did againe take it from them Also in the fourth Counsaile of Charthage they were forbidden to meddle therewith In the generall Counsaile of Chalcedon holden vnder the Emperour Martian were Stewards established to such purposes who were neither Priestes neither Cleargie men In the seuenth generall Counsaile holdē vnder Iustinian the first the same were renewed and it was decreed that the Archbishops onely should be called to their election whereof Iustinian maketh mention Saint Iohn Chrisostome cryeth out and greatly complaineth that in his tyme the Bishops and Cleargie would needes be the distributers stewardes and husbanders of Church goodes and therfore saith this good father in his 86. Homely vpon Mathew They endeuour as much to rule the Temporall as the Spirituall The Apostles would not distribute that money which they had common among them Our great Law-giuer King Charlemaigne doth expressely forbid them to conuert any to their perticuler profite or otherwise to employe it then vpon the necessitie of the poore It is well enough knowne in what order and to what vse the Church hath decreed the dispensation of the Reuenues thereof Sainct Gregorie reporteth that oftentymes they were wont to deuide it into fower partes whereof one to the Bishop and his small famelie an other to the poore Priests and officers of the Church the third to the rest of the poore and the last was appointed to the reparatiō of the Churches But our Bishops and Abbots doe well enough keepe themselues from proceeding in any such maner for amōg themselues they retaine the assotiation of the Lyon whereof our lawes doe make mention and easily permit the poore Priests and others to part with as much as they list so that themselues be not admitted in the exaction thereof but contrariwise if any Prince for his necessitie would employ any part of their superfluous aboundance they straight spread rumours among the people that the deuill hath carried away one that an other hath bene sene in hell that an others body haue not bene to bee found in his Tombe with a number of such fables wherewith our Christian Histories for these seuen or eight hundred yeeres are poysoned in liewe of quietly obeying the will of their Kings and soueraigne Lordes in whose Cōmonwealths and vnder whose discipline they are bound to liue simply and poorely casting downe their high lookes in all Christian humilitie and obedience taking their parts and portions of the reuenues and Church goods and of that Aulter which they serue at the handes of their Kings yea and onely so much as may suffice for their sustenāce and in liew of yeelding parte to the necessities of their Princes to complaine murmure and arme themselues against them because they would employe it to such vses as their affayres doe require I beseech you therfore my Masters ye Bishops and Prelats of Fraunce whome many good men doe accuse of countenancing the wicked deliberations of Spaniards Italians and Lorraines that seeke to seaze vpon the Crowne against the King and the Princes of his bloud remēber the exāple of Magnulph Bishop of Tholauze repeated by Gregorie of Tours when one Godoald terming himselfe sonne of Clotaire the first and vpholden by Disier and some others the perturbers of the peace of the Realme such as our pretended Mascontents required pertition with Gontran and Childebert the children of the sayd Clotaire For the historie importeth that the sayd Disier and most of his partakers were letted by the exhortation of this good Bishop who vsed this oratiō to the people Wee knowe Gontran and his neuewe to bee the children of our Kings but for Godoald we wot not what he is nor from whence Prepare ye therfore ye Frenchmen and if Disier would force you to doe this iniurie to your Kings defend your selues let him perish as Sigulphus that he may bee
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
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
strayed and hether to bene misâ—ed In the meane tyme and wayting for the sayd lawfull Counsaile neither y e French King neither his Courtes of Parliament would euer in this Realm publish the decrées of the assembly of Trent neither doe any other receiue them then the Cleargie who are the suppostes of the Popes Monarchy But contrariwise the late King Henry the second sent Embassadours expressely to withstande the sayd pretended Counsaile also to declare that he ment not in any wise to allowe thereof as in â—rueth it cannot be admitted without infringing the rightes and authorities of the King of France the auncient decrees ordeyned in the generall Estates of the Realme vnder the forme of a pragmaticall sanction and the most holie liberties of the French Church whereby the Maiestie of this florishing Crowne is preserued 25 Neither is it any newe matter to say in Fraunce that the King and his French Church will not receiue the same Counsaile because our Kings haue euermore vpholden and preserued aboue al other the libertie and franchize of their Church and neuer bound themselues to the Popes coÌ„stitutions or late Counsayles no further then the same were conformable to the decrees of the vniuersall Church nothing derogatorie to the rightes of their Crowne For proof therof we know that the generall Counsaile of Vienna was neuer wholy receiued in this Realm In that of Constance the libertie franchizes and priuiledges of the French Church were admitted according to the declaration exhibited by the Embassadours of the most ChristiaÌ„ Maiestie As for that of Bâ—sill King Charles the seuenth would not permit his subiects to appeare at the conclusion of the same after the which at Bourges he asseÌ„bled al his Church by whom the decrees of the same Counsaile were perused and onely parte of them accepted with such qualifications as were thought meete to that effect whereupon was formed the Pragmaticall sanction soone after published in the Parliament wherein these words are often repeated Item our Synode accepteth the decree following thereby to shewe that in France we are not bound to the Popes ordenances constitutions or decrees neither to the assembly summoned by his authoritie which he calleth a Counsaile And now may we truely say that neuer was there any holdeÌ„ that was more preiudiciall or of greater misprision against the dignitie of this Crowne for if we search narrowly into it we shal finde that a great parte of the decrees thereof doe dyametrally oppose them selues against the libertie of our Churches and the Maiestie of the most Christian King against whom they were deuised 1. First concerning the doubt in this assembly made for the place and first degree of honor which haue belonged to him aboue all Christian Kings for these 1000. yeeres so that his Maiestie allowing of this pretended Counsaile should confesse a matter very preiudicial vnto him because as saith Balde he weareth y â— Crowne of libertie and glory Secondly as for reformation of the maners pollicie and Ecclesiasticall discipline which euermore hath bene one of the fayrest flowers of his Crowne who so shall reade the sessions of the sayde Counsayle of Trent shall finde that thereby the same is quite lost extinguished and transferred to the Pope of Rome for the fourth and seuenth decree of the seuenth session doe import that in the election and making of Bishoppes and Priestes the consent of the people and authoritie of y e Magistrate are not necessary which is quite contrary to Gods lawe the obseruation of the Primitiue Church the auncient Canons the ordinances of Charlemaign and Lewes the Meeke and more perticulerly to the determination of the three Estates of this Realme holden at Orleans in the yere 1360 and confirmed in the Court of Parliament where it was decréed that together with those of the Cleargie there should bee 12. Gentlemen for the Nobilitie and 12. Burgeses who should be chosen out of the towne house and should represent the third Estate Also in the second part of the same session the sayd Counsayle attributeth to the Prelates the notice of the reuenues and buildings of the Churches contrary to the auncient Edicts of our Kings namely against the ordenance of King Charles the 6. who in the yere 1385 ordeyned that the Iurisdiction of the buildings should apperteyne to the Iudges royall In the same session the Counsaile permitteth the Bishops to cut off parte of the reuenues of the Hospitalles whereby to make themselues fatter then they are thereby manifestly encroching vpon the authoritie of the King and his high Amner and against many decrees both old and newe of King Frances the first and Charles the nineth An other abuse and notorious enterprize against this Crowne consisteth in that the said Counsaile permitteth and decreeth monitions and excommunications not onely to the ende of reuelation but also for the recouerie of things lost against an infinite number of arestes of the soueraigne Court of this Realme whereby the same haue bene condemned and declared to be abusiue It permitteth them to condemne the Lay fee in fines of money in seazure apprehension and execution of their bodies and goodes aswell by the Bishops officers as their officialles notwithstanding in France thei neuer had that authoritie no not ouer the Cleargie and therefore it is meere encrochment vpon the seculer power It inhibiteth the Magistrate to forbid the Ecclesiasticall Iudge to excommunicate any person either to commaunde him to reuoke his excommunication although the Clergie doe but ouermuch abuse the same It reuoketh the decree of Phillip the Faire concerning combats receiued and enrowled in the Parliament and thereof depriueth Kings Princes Dukes Marquizes and all other of their Iurisdictions which is an intollerable abuse as wee haue aforesayd It admitteth promotion to the order of Priesthoode to Curates other Ecclesiasticall functions at 25. yeres although in y â— decree of the States of France before published the age of 30. yeeres was required It permitteth profession at 16. yeeres accomplished and therein correcteth the decree of the sayd States which limited the man at 25. and the woman at 20. It returneth the prouision of Bishops Prelates to the Pope contrary to the auncient ordenances of Charlemaigne and his children and contrary to whatsoeuer is conteyned in the Pragmatical sanction of Sainct Lewes inserted into the stile of Parliament yea and contrary to the defence made at the sayde Estates of Orleans It permitteth Bishops and Archbishoppes by their Viccars to visite their Dioces contrary to that is conteined in the arrest of the sayd Estates It permitteth the Pope to vnite simple Benefices to the Bishopricks contrary to that which was decreed in the Counsailes of Constance Basill and contrary to many the arrestes of the Courts of Parliament of this Realme wherby the same vnions ought to bee made vpon the selfe place By the same Counsaile y e tollerations at the Kings request graunted to y â— Court of ParliameÌ„t to some
Colledges and Vniuersities of this Realmes are abrogated as are also the conseruators Ecclesiasticall of the Vniuersities together with the priuiledged of this Crowne It forbiddeth such as haue made vowe of Religion in any wise to dispose of their gotten goodes whether moueable or immoueable contrary to the ordinance of the States of Orleans conformably with the decree of the Counsaile of Mogonce holden in y e time of Charlemaign It permitteth the begging Fryers to enioye and possesse rents landes reuenues and immoueable goodes contrary to the Counsaile of Vienna holden in the yeere of 1310. and infinite auncient arrestes of the Court It taketh from the King the nomination in Couents and Monasteries reguler which to him apperteyneth also the Triennalitie of Abbesses and Prioresses appointed by the sayde Estates It permitteth Munckes to meete and hold congregations and Chapters generall which in an Estate is perilous and daungerous and a matter whereby they bee accustomed to withdrawe themselues from vnder the authoritie and power of the King and all other temporall Magistrates in respect whereof also such assemblies haue by the arrest of the Court bene many tymes declared abusiue It giueth the Bishop authoritie to institute newe Feastes which haue bene reproued by many arrestes of Parliament namely by the prouinciall Counsayle holden at Sens in the yeere 1527. It encrocheth Lay patronages if the patrones by authenticall writings proue not the presentations continued and hauing taken effect 50. yeeres together and reiecteth al other kinde of proofe It giueth to the Ecclesiasticall Iudge notice of the right and possession of the sayd patronages obteyned by foundation donation or construction within these fortie yeeres which is a great intrusion vpon the King and his Magistrates It erecteth a newe kind of Iudges delegate whom it calleth Apostolick and authorizeth the Bishops to choose them euery one in his owne Dioces without the Kings knowledge or authoritie which are so many creatures not subiect to that Maiestie where-vnder they liue It declareth the Pope to be aboue him and forbiddeth Bishops to humble and submit themselues to Kings and Lordes It commaundeth all Clergie hauing of right and custome voyce in the prouincial Counsaile to receiue this preteÌ„ded Counsaile to sweare obedience to the Pope and thereof to make publicke profession It enioyneth Vniuersities not to teach any thing but what shalbe conformable to the decrees of the sayde Counsaile and to take solemne and yeerely oathes to his holinesse It commaundeth all Lordes Princes to keepe the sayd Canons renewing the auncient vsurpatorie Decretals of Boniface the eight and others heretofore abrogated in Fraunce as well by Edicts and ordenances Royall as by the arrestes of the Courtes of Parliament and great Counsaile By the sayd Counsaile the causes of our French Bishops are drawne to the Court of Rome and Popes Consistorie contrary to the dignitie of the royall Maiestie and the auncient Canons of the vniuersall Church whereby the criminall causes of Bishops yea in cace the same concerned their depriuation or discharging did belong to the Bishops of the Countrey or Synodes prouinciall and not to the Pope as by many the arrestes of the Court concurring with the generall Counsailes of Constantinople and Carthage it doth appeare besides that herein the sayd Counsaile greatly derogateth froÌ„ the Kings soueraigntie and Iurisdiction that euermore he hath had ouer the Bishops of his Realm witnesse the examples of Giles Bishop of Rheims of Pretextatus Bishop of RoaÌ„ of Didier Archbishop of Vienna and many others of whom Gregory of Tours Aimoinus Ado Vincent the Historiall doe make mention In brief to vse few words this pretended Counsaile taketh away the most auncient liberties of our Church so to make a Proppe to the Popes abuâ—ions It also dissolueth reuoketh and maketh voyde Mariages not contracted in the face of the Romish Church wherein consisteth the Seede of a million of troubles Ouarels Processes and strifes in infinite families of this realme which vnder the authoritie of the King with his good liking and vnder the protection of his Edicts of pacification haue contracted Matrimony and begotten Children who thereby should be declared illegitimate depriued of their Parents Successions and their â—Wues denounced Concubines Harlots to their true Housbands contrarie to all equitie which in summe is as much as to bend themselues against God to erect in other mens Realmes assemblies of people not subiect to the same to bring into the Church a greater deformation and to make the King of Fraunce his Serieant or executioner of his commaundements yea such a one as should haue no authoritie to order his Realme So that those which now so earnestly doe prosecute that publication of the sayd Counsaile shall neuer perswade mee that they are French men but rather that they shewe them selues Solliciters of the Popes affayres and dignitie rather his Seruants theÌ„ their Kings and soueraigne lords Thus doe you seee howe by the aduice and iudgement of the honestest greatest French Catholikes liuing vnder the traditions of the Romish Church this Counsaile of Trent may not be accompted other then a notorious conspiracie and coniuration against the authoritie and dignitie of this Crowne aud of the Subiectes thereof of whatsoeuer calling that shall find them selues offended and therfore we should greatly iniury any one of ours of whatsoeuer estate in calling him Heretick for not obeying submitting him selfe or consenting against his Countrey to the malicious conspiracies of the Pope and straungers that doe enuie the greatnesse of this Estate Especially the King of Nauarre whome the matter chiefliest doth concerne should haue greatest cause to be agrieued in respect that at this day he hath the Honor to be the principall branch of the Royall tree of France and so consequently more neerely bound then any other to preserue and mainteyne the rightes liberties and dignities of this glorious and redoubtable Monarchie 56 Moreouer the sayd Lord King of Nauarre demaundeth of you by vertue of what doe you esteeme hym an Heretick and obstinat parson For it is certaine that he onely may be tearmed an Heretick who vpholdeth a false doctrine contrary to the holy Scriptures of the ould and newe Testament beleeuing amisse in any one of the Articles of our faith as did y e Manicheans Nestorians Sabellians Arrians and their like Now to say trueth they would perswade vs that the opinion houlden by the saide Lorde King of Nauarre was monstrous we haue bene hallowed after them like Dogges wee haue bene forbidden their company as of infidels and miscreants I beseech you therefore let vs carefully looke into the confession of their faith and we shall find them Christians such as agree with vs in the articles of our belief doe worship the same God seeking saluation in the same Iesus Christ Chrildren of the same father beleeuing the same Bible assuring them selues in the same Gospell as in the same Buckler of their faith requiring part in the same inheritance and in vertue of
Nauarrre and all that be of his opinion by apparant reasons For the vnderstanding whereof assemble the Catholicke Church so consequently the Christian Princes of the same heare the parties cause the King of Nauarre to appeare at the least summon him to come in in al assurance In such an assembly denounce him an Hereticke excommunicate him or deale otherwise with him according as the holy Ghost shall thincke meete Vntill you so doe you are but theeues enemies to the Catholicke Church perturbers of Christian peace and very Atheistes in seeking to vse Catholicke Religion which you doe least respect to estabish your prosperitie withall 27 It is requisite saye you to roote out Heretickes That is a good godly and Catholicke Counsaile I am of your opinion But marke ye Frenchmen the meanes effects and purpose which these zealous persons these firme pillers of the Church and these bucklers of the faith doe goe about to take herein Weapons fellonie and depriuation of our King both of his Scepter life for if wee flatter not our selues this is their marke We must giue almouse to the poore but not by robbing the rich We must punish transgressors but we must not proceede therto by cutting the Magistrates throate whom we thinke ouerslowe in perfecting the proceducers We must relieue the people but neither wee nor you nor any other must deale therein or enterprize to do it chiefly by rebellion or warres against our King This is not the first tyme that the Commons haue complayned of the Kings exactions and yet did they not thereupon take occasion to oppose thēselues against their Maiesties good pleasures neither was there euer found Cleargie man being the seruāt of God who to the mutinous would become a trompet of rebellion against their Prince vpon such consideration as these perturbers doe represent vnto vs the Lord Cardinall of Bourbon the Popes Legat in France and which is more himselfe a Prince and of the race of the Kinges The Prophet Esay complayned of these too great exactions of his tyme. Ezechiel noteth them and discouereth the vices of Princes Amos calleth them oppressors of the poore cruell to the needie Micheas setteth before them the reproach that God will lay vpon them if they flay the poore Sophony doth bitterly reproue them yet doth it not appeare that euer these men of God embraced conspiraties or entered League to the ende vpon any such considerations to arme the subiects against their Lord. The King say our Censors must reforme himselfe but we must not tell him so with weapons reprouing and iniurying his Maiestie by worde writing and deede yea by captiuating his affections and forcing him to hate that which he loueth as if hee were not a man capable of the loue of those whom perticulerly hee acknowledgeth for his faithfull seruants This were a miserable state for a King to be forced to hate where he loueth and to loue where he would hate to bee able to doe what he would not and to desire to doe that he cannot to be briefe to be a slaue to the enuies strifes and diuersities of his subiects It is too much euen the greatest Aristarchians cannot like of it Whervpon I would fayne aske these reformers what made them so rich and mightie as now to vndertake to raise warre against their King but euen the excessiue benefites of his Predecessors him selfe What place doth or may the stateliest of them hold in France but of meane Gentlemen and such as it hath pleased the King to loue Were they not our Kings that haue aduanced them and mainteined them in their wealth wherefore then doe they so much enuie the good hap of those who haue no other beginning or aduauncement then such as vrged themselues on Why doe they so much mislike that the King should loue the Lorde Duke of Espernon or any other like as his predecessors fauoured their aūcesters Know they not that all things haue their time their beginning progresse encrease and end what further fauour doe they hope for at the successor whom they would cause the King to nominate by prouision sith in the meane tyme they suborne his subiects yea so farr to turne them from receiuing any Garnison on his behalfe and spread a brute among the people that there yet remaine some of the race of the aunciēt Gods worthy to rule ouer them To bee briefe they take the course too truely to fulfill the prophesie of the late King Frances our Kings Grandfather whom many honorable persons did many times heare saye that if they vsed the seruice of those who now set not a strawe by them they would doe their endeuours to strip his Children into their dublets and his people into their sherts and vnhappely these Mastiues haue so well learned to barke that now they seeke to byte their Lord. Call to minde ye Frenchmen a true saying of Sainct Austen importing that it is vnpossible for that Counsaile to bee blamelesse whose meanes ende and effects are vile vicious and reprehensible Neither is it Religion or pietie that stirreth them vp but a South winde and Spanish heate wherwith they be driuen that kindleth them For in troth it is of more importance for the King of Wisigotes wholy to subdue the King of Nauarre and to destroye him whatsoeuer it cost thē to lose all his low Countries which by that onely meanes hee might perpetually assure together with not onely the rest of whatsoeuer hee wrongfully nowe deteyneth of the Realme of Nauarre which seemeth to be already prescript but also generally of the whole Spaynes and most of his other Lordships whereof he might stand in great feare if GOD should permit him to haue so strong and mightie an enemie as the King of France Let not therefore the most Christiā Maiestie and the King of Nauarre flatter themselues but bee assured that the Piedmontain and the Pope with their partakers are determined to doe y t Spaniard that good turne and to employe whatsoeuer their habilities to assure him on that side Considering that withall the purse of the Romish Court which findeth great ease in the Frēch Crownes of the summe which often do passe the Mounts by reason of the Annates renewed in this Tridentine conspiracie might in tyme stray by the way as by the auncient Edictes of our Kinges and arrestes of our Courtes of Parliament they haue hetherto done haue interest therein For this cause none neede to maruaile that the Pope will not willingly forgoe so lickerous a morsell and the best dish on his table Besides it is most certaine that the subiects of Fraunce and others that are boūd to the Crowne and Maiestie of our King who haue risen and doe dayly rise are but the instruments and gates whereby to make way for the loades of golde which the Spanyard sendeth to doe his businesse in this Realme by the same meanes giuing them occasion to take holde of and vse the tyme to doe also
from whom your predecessors the Kings of Nauarre are discended was wont viz. Pro lege grege setting forth in your actions as many desires of peace clemencie fatth honestie and Christian piette as they doe of violence bitternesse and perfidie being banded against the Iustice of God The ende of the second Booke ⧠THE CONTENTS OF THE THIRD part of this Booke 1. The grauitie of Treason For what causes a Prince of the bloud may bee declared vncapable of the Crowne Abuse of the crime of treason The malice supposition of the leagued against those of the pretended reformed religion 2. A true exposition of the crime of treason The King neuer suspected the K. of Nauarre of treason An infallible argument of the King of Nauarres pietie 3. The house of Nauarre disceÌ„ded of the house of France The Originall of the K. of Nauarres grandfathers by both father and mother 4. The Capetz and Carliens come of the same stocke as Clouis and the Merouingiens 5. The Capetz and Carliens are of one famely The originall processe and genealogie of the Capets THE THIRD PART OF the Cath. Apologie THE third obiection that the seditious doe in their Libells disperse against the K. of Nauarre importeth him to be a rebel a traitor and a protector of Conspirators against the King and therefore an ennemy to the state and common wealth wherein hee is for those causes vnworthy to commaund 1 This obiection is not so small but that being well considered as it ought the grauitie of the offence will surpasse the discourse of our sences and vnderstandings For for that onely offence came death into the world and Adam was banished Paradise Also by humaine pollicy offenders therein being thereof conuâ—et and adiudged are vnworthy all successions especially in Empires Kingdomes or other dominions although the same should fall to them by the right of natural succession as doe ours For in this cace if the neerest of the bloud Royall should be found vnthanckefull and guilty not only against the King his Lord but also against the Estate common-wealth and Maiestie of the Crowne hee and his posteritie may be attaint conuict and adiudged for euer vnworthy the succession that nature and bloud had gotten him So was it iudged by a Court of Peers of France in the yere 1457. against Iohn the second Duke of Alencon in the presence of King Charles the seauenth in the towne of Vendosme notwithstanding the sayde Sentence was afterward abolished and the iudgement made void by Letters of restitution from King Lewes the eleueÌ„th entred published and registred in the Court of Parliament the Chambers assembled by the consent of the Kings Attorney generall Wherefore I can not with silence ouer skip such an accusation against the person of the sayd Lord King of Nauarre considering also the enormitie of such a scander against the sayde Prince who neuer had his owne life so deere or in such recommendation as the seruice honor and wealth of the Maiestie of our Kings and this Crowne as being the man whome it neerest concerneth and who hath greatest interest of all worldly parsons in the preseruation of this Estate as hauing the honor to looke so neere thereto But surely by this detestable and sclanderous discourse I see the miserie and calamitie of our France wherein withiâ— these 25. yeeres during the minority of our kings the mutinous seedes of quarels haue made at their pleasures forged Articles heads of Rebellion and crimes of Treason as they haue thought good y t therein as Tacitus said of y e Empire of Tiberius might be the perfection of all accusations imitating the continuall euill doings of Princes Counsailers vnder the pretence of their Maiesties seruice For it is found y t in the tyme of the said Tiberius this crime was comprehended vnder friuilous occasions as if any man had in selling of his land sould therwith the Image of Augustus or if hee had erected his owne Picture higher then the Emperors either had employed the same in any Domesticall vsage Nero put to death Cassius one of the most excellent men of his time vnder such a pretence and because hee bare the Picture of Cassius one of the murderers of Cesar in his Armes Caracalla so farre extended this crime that eueÌ„ those were accused who had made their Vrine in any place where the picture of the Prince was erected and this licence extended so farre that it was offence to the Maiestie to beate a slaue or chaunge aparell before the picture of the Emperour either to carie the same into any shamelesse or foule place veluti si latrinae aut lupanari intulisset To be brief in those daies the crime of treazon was defined in the closet and secrete will of the Monarke or his flatterers as Iuuenall testifieth Nil horuÌ„ verbosa grandis epistola venit A Capreis bene habet nil plus interrogo The like haue bene done in our miserable Realme when the conspired enemies of the Princes of the bloud Royall did gouerne the affayres of Estate vnder Frances the second and had afterward got holde of the person of King Charles the nineth whom they nourished in wonderfull and daungerous mistrust of his subiects whereof are proceeded so many murders massacres troubles and ciuill warres which wee haue seene and too much felt to the ruine of the subiects of this poore Fraunce by reason their Maiesties haue by these firebrands beene misenformed that the King of Nauarres partakers conspired against their Estate and refused to yeeld them that obedience which by Gods commaundement they ought and in respect thereof vnder this pretence did oftentymes cause them to be proclaymed Rebelles Traytors enemies to the Commonwealth Moreouer to make this mischiefe incurable because the innocencie of this people afflicted through the wrath and indignation of their Kinges was sufficiently knowne to their fellow couÌ„trymen fellow CitizeÌ„s these spirites of Satan haue sought to entaÌ„gle theÌ„ in partialities baÌ„diÌ„g one against an other thereby to vrge theÌ„ into irrecoÌ„siliable hatred and perpetuall mistrust whereof they might neuer conceiue cause of reunion through such excesse and iniuries as the one should doe to the other during the ciuill warres also that while the same continued themselues might haue opportunitie to practize the hearts of those whom they should finde most meete to receiue the obiect of their trayterous and disloyall ambition together that by this meanes they should diminish the loue of the people to their King perswading the most passionate that the fault was in him why Fraunce had no greater peace vnder which pretence they haue spued forth and by their creatures dispersed abroade an infinite number of diffamatorie Lybelles and more then sclaunderous discourses to the preiudice of the honor and reputation of our Prince whom neuerthelesse they went about to perswade that those of the pretended reformed Religion were the authors of these deceipts But the ende of their intents
Vnckle after the decease of Earle Robert because he was sonne to the elder who dyed afore his father True it is that for entering vpon the sayd Countie and taking vpon him the title of Earle before he had taken his oath done homadge to his Maiestie he was arrested at Paris and imprisoned in the Castle of Louure from whence he was soone after deliuered againe An other solemne arrest passed in the tyme of Phil. of Valois about the yeere 1328. for the Dutchie of Brittain by reason of the decease of Duke Iohn who dyed without issue leauing behind him his third brother Ih. Earle of Montfort and the daughter of his second brother Guy Vicountie of Limoges then wife to Charles Earle of Blois vnto whom by sentence of the Court the sayd Dutchie in the yerre 1341. was adiudged because Charles of Blois shewed y â— by the custumes of Brittaine the succession belonged to the eldest theÌ„ to the second and lastly to the third thereupon inferring that his wife daughter to the second did represent the same person But where the house of Montfort did afterward enioye the same Dutchie that came by vertue of a certaine agreement afterwarde made at the entrie of Charles the fifth in the yeere 1364. An other sentence passed in the tyme of Frances the 1. in the yeere 1517. for the Countie of Foix and other the landes belonging to the same famely betweene Odet of Foix Lord of Lautrect and Villemur and Henry of Albret King of Nauarre Grandfather to the King of Nauarre now raigning for Gaston of Foix and Eleanor of Nauarre had two sonnes Gaston the eldest and Iohn Vicountie of Narbonne the yonger Gaston dyed before both father and mother leauing suruiuours by his wife Lady Magdalem of Fraunce daughter to Charles the seauenth two children Philip Phebus and Ratherine whereupon their Vnckle Iohn Vicountie of Narbonne hauing maried the sister of King Lewes the 12. made suite against the sayde Phebus his neuewe pretending eldership by the decease of his brother Gaston The cause pleaded in the Court of Parliament was by the Counsaile compounded in the yere 1488 but soone after began againe by Gaston of Foix Duke of Nemours sonne to the sayde Iohn being in great fauour with his Vnkle King Lewes the 12. but because hee dyed at the battaile of Rauenna without issue it seemed this processe might haue ended but it fell out otherwise for Odet of Foix his Cossen and pretended heire tooke the same cause in hand against Katherin sister to the sayd Phebus deceased and proceeded so farre that by arrest of the Court in the yeere 1517. he was put by the sayd CouÌ„tie together with other the Lordships of the same famelic adiudged vnto Henry of Albret sonne to the sayde Katherine and his posteritie of whom as is aforesayd is discended the now Lorde King of Nauarre In England after the decease of Edward the third in the yeere 1378. Richard sonne to Edw. Prince of Wales was without contradiction crowned and preferred before his Vnckles the Dukes of Lancaster of Clarence of Glocester and Yorke but aboue twentie yeeres after for his euill behauiour and misgouernment he was deposed and his Cossen Henry sonne to Iohn Duke of Lancaster set vp in his place In Portugall King Alphons the fifth had two children Fernand and Henry who beeing the elder deceased before his father leauing a sonne named Iohn after the decease of the said Alphons the said Iohn commonly called Iohn the second whoÌ„ the common Histories doe falsly terme sonne to the sayd Alphons did peaceable enioye the Crowne from the yeere 1482. vnto the yeere 1495. when he dyed without issue and then his Cossen Emanuell sonne to Ferdinand succeeded him The sayd Emanuell hauing raigned 22. yeres among other children left his sonne Iohn the third who was crowned after him and Henry the Cardinal Iohn the 3. during his raigne had a sonne of the same name who dyed before his father leauing his wife with childe of Sebastien who after his Grandfather Iohn the 3. was preferred before his great Vnckle Henry brother to the sayd Iohn the 3. notwithstanding the sayde Sebastiens father was neuer King and that the said Henry might haue obiected the same but he raigned not vntill the sayd Sebastien dyed and left no issue which question sayth Tiraquell doth so resemble ours as one Bee may an other In Castile King Alphons the 10. had two sonnes the elder Ferdinand who maried Blanch daughter to S. Lewes and of her begat Ferdinand and Alphons The younger called Sanxi who seeing his elder brother dead and waying his neuewes right to the Realme could not tary the decease of his father the sayde Alphons but during his life time raised warres to the ende to procure himselfe to bee declared heire whereat this good olde man was so wrath that he accursed him Besides that the French King Phillip the third Vnckle by the mother to the sayde yong Princes after he had therevpon asked aduise of the wise men of his Realme led an armie vnto the frontiers of Spayne and had gone forward had not the Popes Legat lingered him with wordes together with the assurance which the sayde Alphons made him viz. that he would vpholde the right and cause of his sayd neuewes which neuerthelesse he soone after he forgat and sent out his Letter sealed with gold and his owne Image therein grauen to his subiects repugnant to the former and by meanes of the same by forcâ—establishâ—d Sanxi his seconde sonne so as the orphelins were not ouercome but with the sworâ— without any shewe of reason as the historie doe import In Sicill the like quarell being moued betweene the sonne and the neuewe of Agathocles in the extremitie of his sicknesse the neuewe by the will and iudgement of God ouerthrew his sayd Vnkle and remayning victor was King ouer the whole Land In Germany vpon the like controuersie vnder Henry the 3. after vnder Ottho the Great the histories doe report that the States of the Empire met and agreed that this debate should as the custome of that time required be ended by a coÌ„bat wherein the defendants of the cause of y â— neuew sonne to his brother y t would haue had his fathers roume were conquerors and thereupon the sayd Estates did so conclude and adiudge it More solemne also is the sentence which Licurgus the true Oracle of humaine wisedome gaue in his owne cause about the 17. Olimpiade in the time of Numa King of the Romaines for wee reade that his father Enomus King of the Lacedemonians had two sonnes Polidectes and Licurgus the first dyed before his father leauing his wife with childe Enomus dead Licurgus tooke the royall Diadem and kept it a fewe moneths vntill at a banquet among his friendes his neuewe the after borne was offered vnto him whome hee named Charilaus withall set the Crowne vpon his head To
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