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
retourne to the line of Francis the Elder who maried Lady Mary of Luxembourg daughter to Sir Lewes Constable of France who brought great goods to that Famely in Picardy Artoys Flanders and other places Of these two issued diuers children namely Charles Frances Lewes Antoinet Loyse of Bourbon Charles the Eldest succeded in the Countie of Vendosme and procured it to be erected into a Dutchy and Pairry Francis had the Countie of Saint Paule and maried Lady Adriane of Touteuille daughter and heire of a great famely They had issue a daughter Lewes was a Cardinall Anthoinet was maried to the Lord of Guyze of whoÌ„ is discended the house of Guise now liuing Loise was abbesse of Fronteuault Now the said Charlâ—s the eldest maried Lady Francis of Alencon sister to the deceased sir Charles Duke of Alencon last deceased without children in the yere 1524. of this mariage issued Antonie Francis Charles Lewes Iohn Antony the Eldest and Heire of this family maried Iane of Albret Queene of Nauarre of whom came Henry of Bourbon now king of Nauarre who hath married Margaret of France Sister to the most Christian King Francis was named Lord of Anguien who gat the victory at the iorney of Serizoles died without issue Charles the third is Cardinal of Baurbon and Archbishop of Rouen Lewes was Lord Prince Conde who when he died left fower sonnes Henry Prince of Conde Francis Prince of Contie Charles Cardinall of Vendosme and Charles Countie of Soissons Iohn who after the decease of Francis was entituled Lord of Anguyen died also without Issue There were also some daughters of whom here we haue nothing to say as hauing in this argument to treate onely of the Succession of the house of FraÌ„ce which can not discend but to y â— Males of this famely The onely controuersie therefore and different that might through the Counsaile of the mischiuous be mooued resteth betweene Henry of Bourbon King of Nauarre sonne of Anthony the eldest of that famely and Charles Cardinall of Bourbon and Archbishop of Rouen his vncle by the father The end of the first part ⧠THE CONTENTS OF THE SEcond part of this Booke 1. Obiections moued against the King of Nauarre 2. The mariage betweene Lady Iane of Albret Princesse of Nauarre with the Duke of Cleue dissolued by the Ecclesiastical sentence the Popes dispensation auctorized in Parliament Also the marriage of the sayd Lady with Anthony Duke of Vendosme the eldest of the house of Bourbon from whom is discended the King of Nauarre 3. Marriage is by the Ciuill lawe voyde being contracted before age 4. The holy decrees haue inhibited the blessing of mariage of maidens before twelue yeeres of age of men before foretene the East Church haue proroged the Matrimonie of the man to fifteene and of the woman to thirteene 5. The honestie of Ciuill pollice forbiddeth mariage before age 6. Examples of mariages disanulled by reason of the noneage of the contracted 7 The explication of humaine pollicie wherefore hereticks are vncapable of successions 8. The right of Realmes is houlden immediatly of God by the continuation of the successiue lawes of the same Neither can the Estates depose a King vncapable or otherwise disabled Or the people transferre the right of their Lord vnto the person of any other to whom it ought not to be giuen 9. The office and duetie of the Clergie towarde Kings and Princes King Henry the second protested against the Counsell of Trent 10. Why those of the League would not take the Catholicke Princes of the blood therinto Those of the league haue sought to suborne those of the pretended reformed Religion 11. Kings are Stewardes of the Church goods The Church is in the Commonwealth not repugnant thereto Pollicie Iurisdiction and collation of Ecclesiasticall functions apperteineth to soueraigne Princes The Kings of Fraunce haue euermore preserued the state of the persons and goodes of the Clergie in their Crowne The Clergie were in olde tyme not capable to distribute Church goodes 12. The King neuer dyeth in France because of the successiue law thereof To what ende the Coronation of Kings was instituted The auncient maner of the Coronations of heathen Kings How long it is since anoynting was instituted and wherfore It is not necessary to annoynt or crowne Kings in one only place 13. Antiquitie is no necessary argument to auctorize common custome 14. The Church neuer disturbed the succession of Kings no not for heresie 15. Whether it be likely the K. of Na. wil force the conscience of his subiect 16. The estate of Bearne and Nauarre 17. The cause of the protestatioÌ„ that the King of Nauarre made the last yere at Montauban 18. The King cannot infringe the successiue law of the Realme The successor commeth not to the Crowne in the qualitie of heire to the deceased 19. The Popes reasons whereby he pretendeth aucthoritie to transferre Kingdomes The Popes haue euer exempted France out of their wonderfull power Gods lawe without polliticke confirmation is no sanction vpon earth Priestes haue no imperiall Iurisdiction Bishops and Popes haue acknowledged Kings and Emperors for their Lords The punishment of heretickes is executed by the seculer Magistrate 20. The opening of sundry places of Scripture concerning Ecclesiastical iurisdictioÌ„ Wicked Emperors were neuer deposed The Pope cannot excommunicate any body politick or Towne subiect to the King of France Appeales in cause of abuse from the Pope and other Clergie men obserued in France 21. The Church cannot excommunicate a Prince that is an euill liuer Subiects after the excommunication of their Lorde are not discharged of their dueties toward him 22. The sentence of the excommunication of a Prince cannot conteine any clause of depriuation from his Lordly rights 23. A Prince may lawfully arme himselfe against the Popes wrongful excommunication and appeale therefore as in abuse 24. The K. of Nauarres reason to proue him no Hereticke 25. The vsurpations of the Counsell of Trent ouer the Crowne of France 26. Most dauÌ„gerous drifts of y â— Leagued in the reformation of the Realme 27. The wicked entent of the Leagued Also what enuy they beare to the Duke of Espernon and others 28. The remembrances of Aduocate Dauid now put in execution by the Leagued The Kings duetie in matter of Religion 29. Forraine rule and gouernement is wretched FINIS THE SECOND PART OF the Cath. Apologie 1 SVch as mislike the king of Nauarres cause doe obiect against hym in this libell fonre principall points wherof three doe perticularly touche the qualitie of his owne personâ— the fourth concerneth the auncient controuersie betweene the Vncle and the sonne of the elder brother But we will endeâ—our to shewe that in all and throughout all they haue but a weake foundation Concerning the first they aleadge that the said Lorde King of Nauarre is not borne in lawfull matrimony of Anthony of Bourbon eldest sonne of the house of Bourbon because Ladie Iane of Albret mother to
friuolous causes and of no importaÌ„ce whose sentence neuerthelesse was confirmed and againe published by Innocent the fourth successor to the sayd Gregorie and after by Boniface the eight inserted into his sixt booke of Decretals in which place he vseth these wordes of the Scripture Quodcúnque ligaueris c. as an authoritie wherein to ground the execution of his will Bald also and Iohn Andrew very Catholicke Glozers doe confesse that in deede he seemed rather a partie then a Iudge Niâ—holas the 3. who followed soone after seeking to take the whole gouernement of the Towne from all but the Pope forbad y t neither King Duke Earle or Marquize should be established or accept the authoritie of Senator or Gouernour therein declaring that the Iurisdiction thereof belonged priuatly to the holy Sea before all other not in respect of Constantines donation but through these wordes In omnem terram exiuit sonus eorum and such other which hee interpreteth as hee thincketh good Which in effect are the very reasons whereupon Boniface the eight excommunicated King Phillip the Faire of France and gaue his Realme for a praye to the first that could seaze vpon it as we reade in his constitution in deede extrauagant in the which he exempteth neither Emperour nor King from his subiection euen in Temporall causes as he saith Also by vertue of that great power Clement the fifth disanulled the sentence giuen by the Emperour Henry the seauenth of LuxeÌ„bourg against Robert King of Sicille after hee had procured the proysoning of the same Emperour by a Muncke in ministring to him the Eucharist Which Balde confesseth to haue bene a presumpteous and wrongfull deede Finally by those Tragedies that Iohn the 22. Benedict the 12. and Clement the 6. stirred vp throughout Christiandome against the Emperour Lewes of Bauiere as also in our daies Alexander the sixt and Iulius the second did no lesse neither had any other ground We may see the causes whereby the Popes do pretend authoritie to depose Kings subuert Realmes and giue them in pray to whomsoeuer they thinke good True it is that such of them as haue most dissembled haue euer exeÌ„pted the Realm of FraÌ„ce Innocent the third writing to the Prelates and French Nobilitie for Iohn without land King of England declareth that he will enterprize nothing against the Maiestie of the French King But Hostiensis who knewe the Storie doth in this place write that the Protestation was contrary to the effect because the sayd Innocent went about to hinder King Phillip Auguste from vsing his feudall right ouer the Dutches of Normandie Guyenne and other the Lands holden by the English and falleÌ„ into the lapse through the murder committed vpon Arthur his elder brothers sonne In an other decretal Epistle the same Pope confesseth that the French King in Temporall causes and gouernment of his Realme acknowledgeth no superiour Clement the fifth in his extrauagant for appeasing King Phillip the Faire who was stirred vp by the insolencie of Boniface the eight disanulled reuoked his declarations against the Realme of France and aduowed the same not to be subiect to his Sea by vertue of the sayd constitution The same Pope also protested that the power which his Officers vsed against the said Kings subiects during his being in the Realm was by the permission of the sayd Lord King as appeareth by the protestation the same time enrouled in the Court of ParliameÌ„t for in trueth it hath euer more bene resolued and is a cace most certaine that the King of France doth vpon earth acknowledge no superiour in whatsoeuer coÌ„cerneth the pollicie gouernement of his Crowne neither was euer subiect to the Romain Empire from the which he wrested the Gaules with the point of the sworde And although the French Kings were sometimes Emperours them selues yet did they neuer submit this Crowne to the Diadem Imperiall whereupon the Kings Atorney general would not suffer the Emperour Charles the fourth beeing in the Parliament there to make a Knight without king Charles the 5. his expresse permission As also the Emperor Charles the fifth passing through Fraunce obteyned the good will of King Frances the first to pardon sundry offenders because no other then his Maiestie hath power or authoritie ouer the temporall causes of his Realm among which is vndoubtedly the punishing of transgressions yea euen of heresie of the which wee now speake the notice and Iurisdiction whereof haue euer more bene left and with good reason belongeth to the seculer Magistrate because we ought to consider the lawe of God first in this world whereto the politicke and temporall Magistrate preseruer of the societie of men and earthly policie for the auoyding of confusion and trouble forceth euery one to obeye Secondly in the worlde to come wherein God onely iudgeth and punisheth not leauing in this worlde in respect of himselfe any Magistrate to be the auenger of the iniurie to him done in y â— transgression of his ordinances For the Priestes who are the guardians and Schoolemasters of Gods lawe are not coÌ„stituted Iudges but easie Phisitions to the soule and Gods commaundements are no such Sanctions as importe punishment but most louing doctrine and admonitious otherwise if by the sworde we should be forced to the obseruing of Gods lawe the desert were small Vppon which poynt the Apostle sayd Not that wee rulee ouer your faith but are helpers to your ioye And in an other place All Scripture is inspired froÌ„ aboue and is profitable to teach to conuince to correct and to instruct to righteousnesse Hee saith not to force or to punish Chrisostome very carefully deuideth the royall power from the ministerie of the Gospell saying that the ministerie is a function committed by God to the ende to teach without weapons also that it is no power to giue or take awaye Realmes neither to make lawes for politick gouernment Our French Bishop S. Hilarie writeth as much to the Emperour Constantius also against Auxentius Bishop of Millan And this the good Fathers learned at the mouth of the Sonne of God our Lord Iesus Christ when he sayd to his Apostles The Kings of the nations haue dominion ouer them but it shall not be so with you In an other place hee promiseth them that they shall sit with the Sonne of God wheÌ„ he shal come in Maiestie to iudge mankinde but that contrariwise so long as they remaine in y e world exercizing their Ministerie they shall bee brought before Kings and politicke Magistrates for his sake so farre shall they be from being Kings and Iudges themselues The head of the Church euen Iesus Christ fled when they sought to make him King declaring y â— his Kingdome was not of this worlde wherfore he would not be iudge among those that were at controuersie yea he submitted himself to the Kings of the earth paying vnto them the tribute which was vnto
to beware of those things that cannot be receiued without great inconueniences Besides that the Iurisdiction and power of the Church extendeth not to temporall goodes or causes but as all men knowe Caesar shareth Empire with Iupiter neither is the Ecclesiasticall power other then Spirituall concerning the Kingdome of heauen and therefore vnprofitably and wrongfully they should thrust their Sythe into other mens haruest and without authoritie or IurisdictioÌ„ should meddle with the gouernment of maÌ„s policie and the gouernments of Realmes or earthly Empires considering the kingdome of God whereof they are Stewards and doe weare the keyes is not of this world As also of such dispensation would ensue to great iniustice because that sith the holy Church giueth remission for whatsoeuer sinne and receiueth the excommunicated after he hath made sufficient satisfaction and done penance worthy his misdeede it should come to passe that such a King or Prince notwithstanding he were reunited to the Church and had satisfied the commaundement thereof must neuerthelesse remaine banished from his estate already possessed by the first of his neighbors that shall haue receiued this rebellious people and of this trouble taken occasion to become maister thereof at whatsoeuer price from whence it would be vnpossible to auoyd him without warres and generall trouble arising of such dispensation and so should the domage done to the excommunicate King through the sentence of excommunication which was layd vpon him only for correction and admonition to coÌ„fesse his fault to aske pardon openly of GOD and his Church remaine irreparable To be briefe of extreme lawe would arise extreme iniurie whereof this poore miserable excommunicate and desperate Prince finding himselfe agrieued with the permission to his subiects to rebel would growe more obstinate in his vice for feare of losing his Crowne so in liew of vrging him to penance and satisfaction to the Church for the offence arising of his sinne he shall waxe worse and the Ecclesiasticall discipline bring forth no fruite and thereby growe into contempt And vndoubtedly therein consisteth the discretion of a Lawyer and Iudge so to make his lawes so well to order his iudgements that immediatly without difficultie how notable soeuer they be they may bee put in execution 23 Consequently a question may be propounded whether it be lawfull for a King or Prince to appeale therefro as of abuse but also by weapons to resist and withstande the execution of such a sentence because it permitteth the subiectes to shake of the yoke of his obedience refuse him the duetie of their obligation which is the same question which Lewes the 12. of Fraunce moued to the Bishops assembled in Tours in the yeere 1510. concerning the peeuish and rash excommunications layd vpon him and his confederates by Iulius the second whereto the said Bishops made aunswere that by all lawes the sayde King was permitted by whatsoeuer meanes yea euen by armes to withstand such the Popes friuolous and wrongfull declarations Which aunswere in my opinion is founded vpon all reason aswell naturall as ciuill because it is certaine and euident that the clause of the sentence of excommunicatioÌ„ of the King which conteyneth permission to the subiects to râ—bel against him is a publick force and violence that the Pope wrongfully employeth contrary to his function and authoritie and against the which the King may oppose himselfe and withstande him with the like or a greater power Secondly it ought not to be lawful for the Pope vnder pretence of a Shepheard and the care that hee should haue of the Christians to enterprize or atteÌ„pt any vnreasonable thing to the iniurie of his flocke For if the Magistrate doth any thing iniuriously either as a perticuler person either vpon confideÌ„ce of his authoritie he may be sued of iniurie Besides that wee haue before proued that the ordering Iurisdiction and notice of worldly causes and Kingdomes belongeth not to the Cleargie to whom is committed onely the publication of the spiritual and heauenly sâ—orde and so consequently sentence pronouÌ„ced by an incompetent Iudge is voyd in this head neither is any man bounde to obeye that Magistrate that hath iudged aboue his authoritie To this purpose Pope Gelasius writing to the Bishops of the East doth confesse that if the iudgement be vniust the lesse neede the condemned to care for that such a sentence cannot make the coÌ„demned guiltie before God and his Church And therfore he concludeth that he should neuer sue for absolution beeause it hurteth him not In an other place Pope Gregorie confesseth that he cannot incurre canonicall paines that is not canonically condemned In the interpretation of which place Iohn Andrew the gloser doth teach vs that it is lawfull to withstande the execution of a iudgemeÌ„t knowne to be none and giuen by such a one as hath no authoritie The same doth Celestin graunt wheÌ„ he speaketh of the election of a Bishop against the minds of the Cleargie of that Dioces where he should sit and the Glose expressely saith that the superiour abusing his power willing preteÌ„ding by force to bee obeyed it is not forbidden to withstande him especially in cace the hurt be irreparable as in this now in question because euery one naturally is permitted to withstand violence yea euen against his superiour In an other place wee learne that it is for euery one in default of the Magistrate to doe himselfe right or to bend himselfe against the wrongful oppression of an other Infinite are the examples of Emperours and Catholicke Kings who authorized by the Church haue made no difficultie to take Armes against the bishop of Rome and his adherents whensoeuer he so farre forgat his duetie as by force to enterprize that which Princes could not with reason graunt hym When Pope Iohn the eleuenth writ to the Hungarians and perswaded them to rebel against the Emperour Ottho the first and the sayd Emperor being in Italy this Pope togither with Albert Marquize of Spolete raysing warre against him the Bishops and Prelates assembled at Rome deposed the sayd Pope and hauing surrogated Leo the fifth into his roume permitted the Emperour by Warres to pursue him When Henry the blacke vnderstood that Benedict the ninth Siluester the third and Gregory the sixt Antipopes sought each to thrust other out of Italie and to establish him self by armes he went speedely to Rome with a great power to decide the coÌ„trouersie with the aduice of a CouÌ„saile assembled by his imperiall authoritie these three Popes were all deposed and disgraded and in their roume the Emperour established Suidiger Bishop of Bambergue who named him selfe Clement the second When the Emperour Henrie the fourth vnderstood that Pope Gregory the seauenth had forbidden the Bishops to require inuesâ—iture of the Emperour also that he found that y â— wicked man stirred him vp enemies yea procéeded so farre as to cause the sonne to rebell against the father against whom he opposed
A CATHOLICKE APOLOGIE AGAINST THE LIBELS DECLARATIONS ADVICES AND CONSVLTATIONS MADE WRITTEN and published by those of the League perturbers of the quiet Estate of the Realme of France Who are risen since the decease of the late Monsier the Kings onely brother By E. D. L. I. C. Answere a foole according to his folly least he should thincke him selfe wise Prouerb 26. ⧠Imprinted at London for Edward Aggas THE PREFACE to the Reader O Christian and Catholick Frenchman neuer was there offered better meanes then at this time to discouer and smel out the subtelties of our enemies with what money Sathan vsually paieth his seruants whē we see some of thē so blinded that beeing vppon the poynt of their destruction they promise to themselues all assuraunce still coueting to conceale their abhominable wickednesse with sleights shiftes and lyes Neuerthelesse when they do most hide themselues they are foonest spied For to say the trueth what goodlier or more apparant pretēce could the perturbers of the quiet of our Fraunce take holde of then Religion and the reliefe of the people but as the enemie of trueth hath allured thē vnto him by lyes so hath hee for their repaste left them no other foode vpon his Table and yet doth that also faile them when they make it an vsuall messe and trueth remaineth Mistresse According hereto the lyes and horrible slaūders that to this day haue bene spued foorth against the King of Nauarre the Lord Prince of Condie by certaine straungers enemies to this Crowne the Royall Progenie vnder the pretence of zeale of Religion doth ouerthrowe them because cōtinually they haue sought to perswade our souraigne Lord the King and all the French Nation that these Princes were his euill seruaunts Rebels and disobedient persons enemies to his Estate in the preseruation and encrease whereof they haue greater interest then any other worldly person next vnto his Maiestie vnto whom they haue the honor very nerely to appertaine As also in truth we are hartely to giue GOD thankes especially in that after so many false and slaunderous inductions made vnto the most Christian Maiestie against these two Princes his good kinsmen and most faithfull subiects and seruants by whose reliefe this feeble weake and pale Realme hath oftentimes escaped falling it hath pleased him to open the Kings eyes to let him perceiue that all the illusions vnto him presented tended only to the ouerthrow of himself his Crowne and Estate in offering hetherto to his viewe one thing in liewe of an other For herevpon his Maiestie smelling out the causes of passed mischiefe hath finally in earnest done as the good Phisitiō who whē he seeth his Patient pale weake faint and grieuously sicke beginneth his cure with bringing him to his bed discharging him frō all painfull toyle causing him to take some rest euen so our King casting his eyes vpō his poore realm afflicted with ciuill warres which so long haue bene kindled vnder a false and slaunderous pretence to the end to begin the cure hath first sought to set it in peace that after some time of rest he might haue better opportunitie to heale the rest of the causes of the disease to put from about him those who vnder his authoritie had by their false wicked perswasiōs so hardly entreated it Which when his euill Councellors perceiued seeing that they could no longer goe forward in the same path they haue sought with open play to compasse that which so lōg they had craftely practised now haue plainly shewed that it was the State Crowne that they leueled at procuring the writing of diuers Libels aduices and consultations of their suffragās to the end not only to diminish and blemish the King of Nauarres vndoubted lawfull succession if it should please God to worke his will of the Kings Maiestie without leauing any issue Male but also to aduaūce their own false slaunderous and supposed titles and pretēces Howbeit although the said Lord King of Nauarre neede not yet to pleade his cause or presently to aunswere all these sleights and counsailes of the wicked in respect of the sufficient terme small likelihood of occasion euer to put the same in executiō cōsidering the King is thāks be to God yong in health in good disposition together with the small interest that in my opinion the sayd Lord King of Nauarre pretendeth to any such successiō as being a Prince both wise circumspect such a one as hath not so smal forecast but that he knoweth vndoubtedly that the greatest wealth reliefe good hap contentation that may redound to him cōsisteth in the prosperitie health long and happie life of the King his Lord to the ende perpetually to be vnder him the same that he is to liue vnder his liking in his protection wherby vnder the fauour wherof he shalbe not only preserued from the cōspiraties which his enemies worke against him but also which is more if it please God to encrease him he shal alwaies be by the King fauoured aduanced vnto whō he hath the honor to be the first Prince of his bloud Neuerthelesse how euer it be I do not thinke that any man at this day cā with reason and iudgement conceiue any bad or sinister opinion of the sayde Lorde King of Nauarre though he lay open his iust causes sith those that haue no right and for whō there can be no likelihood at all are so impudent rash vndiscreete as to bring to the barre a matter wherevpon euen their most affectionate seruāts durst not before haue thought which to saye the trueth is one of the cōsideratiōs that moued me to set hand to the pen to the aunswering of such diffamatorie Lybelles discourses aduices cōsultatiōs as within this yeere haue come to my hands and I protest that I haue done it without either cōmaundemēt or commission of the sayd Lord King of Nauarre vnto whom I neuer had the honor to approach neither is it of any affectiō or desire to aduaunce the Religiō that he professeth sith my self am and all my life time haue bene a Catholick and liued vnder the authoritie of the Apostolicke Romish Church But the onely cause hath bene that being borne a Frenchman I haue thought it my duetie to vphold the rightful cause of the French Princes vnto whome after his soueraigne Maiestie for whose seruice we are naturally bounde and holden to procure all honor wealth prosperitie to maintain and defend them from slaūders and such deceipts as Sathan would stirre vp against their excellēcie greatnesse besides that euery mā may perceiue that these Tragedies are kindled to the vtter ruine losse fubuertion of this miserable Realm so as the loue of my Countrey Christian piety and that compassiō that I take in beholding my fellow Citizens and my self with them in daunger to consume our selues in that fire that by those ciuill warres which vnder this
Greece Also among other the Ecclesiastical aunswers of the Patâ—iarkes of Constantinople is to bee seene this of Germanus to the Bishop of Ara who enquired how he was to proceed against a maiden that had bene blessed and corrupted before her ripe age also against the Priest that had ministred these ceremonies Whereto aunswer was made that the maid should be seperate and the Priest put from his charge 5 As in trueth in all well ordered Commonwealthes there haue euermore bene established a certaine age for the conioyning and mariage of the Citizens of the same because as saith Fulâ—entius the lawe of mariage is by the will of God ordeined fâ—r hauing of issue it is meete that it be contracted at lawfull age So as by the pollicie of some Citties it was considered that the tyme of generation doth for the most part by nature ende in the man at the 70. and in the woman at the fiftie yeere Aristotle is of opinioÌ„ that after that age mariage is not to be permitted Whereto seemeth to agree that which is found in the establishment of the Romaines Among whom those Citizens were not iudged to haue satisfied the lawe Iulia which was made for mariages who to the ende not to be subiect to the penalties limitted in detestation of vowed chastitie did contract matrimonie the man after sixtie yeres or the woman after fiftie For Iustinian also writeth that some accompted it almost a wonder in nature to see a woman with childe after she were fiftie yeres of age And it seemed such marriages were contracted not so much in hope of begetting children into the CommoÌ„-wealth as in respect of some wealth or other perticuler commoditie that the one hoped for of the other by which reazon wee reade that Antigonus perswaded his sonne Demetrius to marrie an old woman named Philla vsing the authoritie of Euripides which he altered to his purpose and in liew that the verse said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he sayd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the ende the sence might importe that for some benefite hee should not differ the mariage of a wife though of a contrary age As on the other side also ouermuch youth was neuer accoumpted meete for the coniunction of mariage because therein generation cannot bee but lame and vtterly vnperfect the mother in greater daunger at her childbirth the father more vndiscreete in the coniunction and so the more hindered from atteining to that perfection and force which Nature reserueth to their bodies wherevpon the auncients imagined that the Idoll of Apollo gaue the Trezenians warning when he had them beware of casting their seede ouer hastely vpon the fieldes of their countrey 6 Finally concerning this present argument although the sayd Lady Iane of Albret had offended in marying with the late Antonie of Bourbon Duke of Vendosme because she had beene afore married to the Duke of Cleue yet were that no let why the King of Nauarre now raigning should not bee borne of the lawfull mariage of the sayd Antony of Bourbon his father who doing amisse that vpon simplicitie vnder the authoritie and in the face of the Church with publicke credite did solemnize the said mariage in which cace there is no doubt but the ChildreÌ„ of a putatiue mariage as say the Canonistes are legitimate because in a doubtfull cace senteÌ„ce must passe in fauour of the marriage and of the children borne in the same the question depeÌ„ding vpoÌ„ the simple meaning conscience of him that meaneth to marrie a wife for by the lawes and decrees of the Church opinion hath the vpperhand of trueth so as by the common resolution it is enough for the legitimation of children that either the one or the other of the coÌ„tracters ment good faith in that coniunction beleeuing it to be a thing lawful for him Thus doe you briefly see how children borne of such mariages are legitimate In our cace wee haue moreouer aduowed that the pretended marriage of Lady Iane of Albret mother to the now raigning King of Nauarre was voyd and of no effect and for such by all reason iustly broken and disanulled by the iudgement of the Church with whose authoritie the sayd Lady Iane was permitted to marie where she pleased which was not done without president For wee reade in the auncient Chronickles that for the like cause the Emperour Ottho the fourth was diuorsed from Margaret Daughter to the Duke of Brabant Lewes Daulphin of Viennois sonne to King Charles y e sixt a litle before he dyed vsed as some say the like pretence to returne Catherin daughter to y e Duke of Bourgondy home again In later tyme King Charles the eight of Fraunce in the yeere 1480. was by his father Lewes the eleuenth before hee was foreteene yeeres old affianced by words present and so by indissoluble marriage vnto Margaret of Austrich daughter to the Emperour Maximilian who being then but two yeeres olde was conueyed into Fraunce and there brought vp for the space of ten whole yeeres after the which they were neuerthelesse diuorced by a dispensation from Pope Innocent the eight who also for the like reason dispensed with Lady Anne of Brittaine and gaue her leaue to marrie where she pleased notwithstaÌ„ding during her minoritie her father Francis Duke of Brittaine had matched her with the Emperour Maximilian by proxye had celebrated the sayd mariage Nicholas Duke of Lorrain while his father Duke Iohn liued did in the yeere 1460. by present words affiance Lady Iane of France daughter to King Lewes the eleuenth and yet comming to the age of foreteene yeeres he did through the Popes dispensatioÌ„ betroth Lady Mary of Bourgondy Daughter to Charles the last Duke of Bourgondy whom he was going to marrie when death euen during the preparatiues of the solemnitie of the mariage preuented him So the manifolde decrees and iudgements passed in like matters doe manifest vnto vs the exceeding malice of the enemies of the sayd Lord King of Nauarre 7 Their seconde obiection importeth that the sayd Lorde King of Nauarre is an Hereticke and therefore vnworthy to succeede in the Realme of Fraunce whose Kings are intituled most Christian in respect of the oath that they take at their sacring in the hands of the Archbishop of Rheimes which is that to their powers they shall defende the Catholicke Religion and faith which the sayd Lord King of Nauarre cannot doe as professing an opinion already condemned by the Church and so consequently can not pretend aught in the sayd Crowne neither may the subiects thereof obeye him according to the decree of the generall Counsaile holden at Roome vnder Innocent the third about the yeere 1215. repeated out of the auncient constitutions of Theodosius the yonger Valentinian the 3. and Martian all most Catholicke Princes vpon the confirmation of the general Counsailes of Ephesus and Chalcedon and afterward recited by Iustinian the first in the fifth Counsaile of
the same spoken of To conclude therefore I will now coÌ„tent my self with warning euery one to mark and consider the meanes which such alwaies as haue gotten the vpper hand of a Lordship whereto they had no other right but habilitie haue houlden and then I hope they will thincke that the gouernment of a naturall Prince is gracious louing and fauourable in respect of y e mistrustfull suspicious and tyrannous straunger vnto whom not onely the deedes and wordes but also the gesture behauiour yea the goodes and welth of his Citizens are suspected because he feareth his owne shadowe Remember the auncient Fable of the Pigeons who when they had elected the Ringdoue to rule them were soone wearie of her courteous and gentle gouernment which they termed soft and delicate and in her roume chose the Kite who in liew of wel entreating of theÌ„ did eate beate and dayly teare some one among them in sunder with her beake and wings whereat these miserable fooles being offended could haue bene coÌ„tent to haue returned vnder the yoke of their first election but the Kites tyrannie could neuer brooke it whose successors do yet to this day practize their roine vpon them Once it fell out that the Frenchmen through wicked counsaile in liew and place of their naturall Prince whom they bare somewhat heauy were suborned to elect one Giles a Romaine of whom they were soone wearie after they had casted what it was to liue vnder one whose humour and birth did not agree with his subiects and it fell our well for them that their King was of power sufficient to resume them againe into his protection The ende of the third part ⧠THE CONTENTS OF THE FOVRTH part of this Booke 1 The authorities of Doctors for the preferment of the Neuewe before the Vnckle 2 Examples of the preferment of the Neuewe before the Vnckle 3 Reasons in law for the Neuew against the Vnkle The Neuewe succeedeth in the eldership of his father in proper person as being substituted to his late father 4 The right of eldership is transmissible perfect wanting but execution 5 The right of eldership is legall or custumary 6 The Lord Cardinall of Bourbons acknowledgemeÌ„t in the fauour of his neuew the K. of Nauarres mariage 7 Answere to the examples of the Vnckle alleadged against the neuewe 8 Answer to the Vnkles reasons against the neuewe Substitutions and continuatioÌ„ froÌ„ the father to the sonne in collaterall ligne by Iustinian 9 Successiou once roored in a ligne neuer departeth the same vntill it be finished or worne out 10 The order of Tutorship and the succession of free borne Libertines is vnlike 11 The Kings youth neuer debarreth theÌ„ from the Crowne The opening of the saying that personall right is not transmissible 12 Successions made by ciuill lawe and custome confessing the right of eldership are farre vnlike THE FOVRTH PART OF the Cath. Apologie IN the fourth Obiection the King of Nauarres aduersaries doe oppose against him the Lord Cardinall of Bourbon his Vncle as neerer by one degrée and nowe by the decease of the late Anthonie of Bourbon Father to the sayd Lorde King of Nauarre the eldest of the house of Bourbon 1 This question is one of the most tossed of all others and can not be decided by the arrestes of the Salicke Lawe that wee haue in these words De terra verò Salica in mulierem nulla portio haereditatis transit sed hoc virilis sexus acquirit hoc est filij in ipsa haereditate succedunt sed vbi inter nepotes pronepotes post longum tempus de Allode terrae contentio suscitatur non per stirpes sed per capita diuidantur But the decision hereof we must séeke in the Commentaries of our Doctors which Accurtius Odofrede Pope Innocent the fourth Durand Ric. de Malumbris Iohn Andrew Alberick de Rosatis Barth Balde Paule de Casiro Angel Aret. Martin de Lande Iohn Faber Pet. de Ancar Barbat Felin Ausrerius Wil. Benedict Cassanee Lewes Bolognine Matth. de Afflictis Andreas Sicul. Abbas Panormitanus Bartholomeus Sosinus Iason Alciatus Tiraquel Lewes Charond Choppinus and many other haue concluded in fauour of the Neuewe against the Vncle who termeth himselfe eldest by his brothers decease either indirect or collaterall lyne in successions indeuided as Realmes Empires Duchies CouÌ„ties and Marquisates Yea Decius imitating Socinus doth write that amoÌ„g the Interpreters of Ciuill Canon law hi qui pondere numero mensura praeualent haue alwayes consulted and determined against the Vnkle so that by the authoritie of so many skilfull persons the sayd Lorde King of Nauarre hath the better cause of the Cardinall his Vnkle Secondly the foreiudgements must be alledged for the decision of this controuersie Balde hoâ—ldeth that euermore it hath so bene obserued and decided in all contradictorie iudgements of France and England And Paul maketh mention of the Spanish law in this respect solemnly sworne vnto by the states of the same lande in deede we reade goodly examples both of these and many others 2 First in France for the same house of Bourbon in the time of Lewes the Fat king of France about the yeere 1110. Hanno had expulsed his Neuewe Arcembault a young child sonne to his elder brother pretending that the Lordship perteined to him as being entred into the Lawe of the eldership by the decease of his elder brother But the French Nobility forced the vnkle to giue place to the Neuew whom they substituted in the roume and place of his brother reseruing to Hanno onely some portion of the goods as to one of the Children of the same house An other example we haue in the posteritie of Henry the second K. of England who had three sonnes Richard Cordelion Secondly Geffrey who had maried Constance the Heyre of Brittaine and dyed in his Fathers time leauing his Wife great of Arthure afterward Duke of Britaine and Iohn surnamed without land Soone after the fathers death dyed Richard also without issue whereupon Phil. Augustus King of Fraunce who raigned about the yere 1141. adiudged the Dutchy of Normandy with other the Landes that the said Richard held in Fraunce vnto Arthure sonne to Gâ—ffrey his elder brother but afterward the sayde Iohn made peace with Augustus through the mariage of his sonne Lewes vnto Blanch. Neece to the sayd Iohn by his Sister wife to the King of Castile togither with some Lands that the saide Iohn habandoned to the sayd Phillip So that Arthure still prosecuting his right was slaine by his vnkle Iohn wherevpon the King of Fraunce tooke occasion for that fellony to confiscate all those landes as hauing alwayes fauoured and aucthorised the cause of the sayd Arthur The third iudgement passed in the tyme of Charles the Fayre King of Fraunce about the yeere 1331. for the Earle of Flaunders for Lewes of Neuers was by the Peeres of the Realme declared Earle of Flaunders and preferred before his
to his cause and goods like as we say that it is the reason why restitutiones in integruÌ„ adolescentibus concessae haeredibus illorum competunt quia laesionis occasione minoribus indulgentur eademque ratione S. C. Vellâ—iani exceptio succcessoribê° quique prodest Item actionis funerariae priuilegiuÌ„ haeredi ac caeteris successoribus non denegatur tempus iudicatis datum haeredibus proficit so that sith this qualitie of eldership hath perfected and obteyned this right and cause of succeeding the deceased father he shall seeme to haue transferred the right that hee had in his goods to his sonne Who also shall be capable of a more personall priuiledge of his father for in trueth by the order of lawe if any thing resteth in actions petitions prosecutions or lawe it shall bee numbred with the goodes So that in this argument sith the right and cause was in the father perfect and absolute wanting no more but execution it will not bee amisse to say that the same right may be said to be comen to him as in lege Julia that worde peruenit Vlpian taketh for accipiendum For notwithstanding succession should neuer fall or take effect in the person of the eldest yet hath the lawe made him during his life possessor of successiue possibilitie and qualitie so that he hath obteyned that right to himself both vnweting and vnawares which proceeding of the authoritie and vertue of the lawe is transmissible and as depending of the cause and matter is to the sonne transferred who is part and portion of his fathers bowels as we haue sufficiently shewed and thereof it ensueth that the elder had not this in his owne person onely but rather illud idem in persona ipsius residebat ab ea tameÌ„ diuersum seperatum illudque idem est acsi non filio id est certae personae lex ipsa detulerit sed liberis i. genero cognato primogenito datuâ—â— fuerit which may stand for an aunswer to the text before alleadged to the contrary of him qui filio tutorem dederat vt nepoti dedisse non videatur 12 The last reason is taken out of the text of the custumary of the towne of Paris the head Cittie of the Realme whereby the vniuersall Estate thereof should be ruled Now by the same it is expressely inferred that the representation can take no place in collateral ligne except betweene the brother and the brothers sonne in the pertition of their deceased brother and vnckles goodes neither hath our writer forgotten to say that it is the order of the Romaines lawe conteyned in the auncient decrees of the Emperours before the which in the olde decemuirall law there was no representation in collaterall ligne Herevpon wee maye alleadge reason of double difference first in respect of the Ciuill law which hath had no consideration at all of enheritaunce vndeuided and not subiect to pertition amoÌ„g successors as also it hath not respected senioritie or innioritie of the heires of the deceased but being in like degree hath equally acknowledged them in the succession to them fallen whereupon it followeth that sith contrary to our pollicie moribus ferè iure gentium omnium instituta require these two qualities in the obteyning of a Realme that is that onely one and he the neerest but among those of equall degree the first borne bee preferred The same lawe and obseruation of birthright might and ought therein to haue perpetuall place of representation which it hath as is largely before discoursed so that to argue betwene the qualities of ciuill and Romaine enheritances and ours both politicall and quite altered there is vnder correction no purpose reason or apparance The other reason shal concerne the article of the customary of Paris which cannot bee vnderstoode of the succession of the Realme because therein the neerest successor to the Crowne is not therefore called heire of the King last deceased to cause in this controuersie the coÌ„mon rules of successors are to be obserued but the Realm belongeth to him in vertue of the common lawe thereof whereby the next male of the bloud Royall must succeede not in qualitie as owner of the goods of the last enioyer of the Crowne but by his birthright although in troth in whatsoeuer concerneth Commonwealth and commoditie he bee bound to keepe and obserue the couenants and agreements of his predecessor and therein onely may he be accompted heire to the King whom he hath succeeded These bee the strongest reasons that those of the contrary opinion can alleadge which also I haue further augmented then our writer least it should seeme to the learned Lawyers to whome onely in this last article I meane to speak that I would omit or dissemble any thing that thei could imagine against the trueth which by this meanes I thincke to haue layd so open for that euery one may perceiue it an easie matter to aunswer all their friuolous allegations by the grounds of the knowledge of the lawes which both the one and the other would vse Wherefore there is no more for the Frenchmen to doe but when occasion shall fall out to resolue vpon the most certaine and reasonable opinion for the sayd Lorde King of Nauarre sonne to the elder brother allowed by a great number of Doctors both Canon and Ciuill euen by the two notable lights of the Lawe Innocent for the Canon lawe and Barthole for the Romaine pollicie who make no difficultie thereof neither is the doubt dispersed ouer the Land to any other ende but to destroye both the one and the other and so to giue opportunitie to a third to become Lord of the Realme vnder whom this Estate will neuer florish and the tyrant the instrument of the deuill who durst enterprize the same shall perish miserably with all such instruments as to that effect he may haue vsed Let therefore the perturbers of the peace of this Realme if they be I say not Christians but euen men capable of naturall reason ponder not the politick Iustice of the societie of this ciuill life but onely the hazard wherin they shal at once plunge their memorie honor wealth life and soule and they shall see vnlesse they will wilfully bee blind those men that shal most employe them selues in fauour of the detestable conspiracie now discouered by all good Frenchmen remaine also ouerwhelmed in the greatest miserie and ruine which shall leaue vnto them more affliction without comparison then to the veriest clownes and poorest pesants in the countrey ouer whose bellies they shall so often haue marched because at y e least the life peace of conscience and diuine vengeaunce shall staye in fauour of these when the others may assure themselues of the losse of the loue of God the light of the worlde and their good fame with y e posteritie for hauing tainted their hands in the bloud of their Kinges Princes and fellow countrymen and for euil entreating them and assisting