namely Godfrey of Buillon so called for y t he was nursed in the Castle of BuilloÌ„ which now y â— Bishop of Liege holdeth his brother Balduin But these remayning in the holy lande the kingdome whereof fell to them by the election made of the said Godfrey the Emperour Henry the fowerth in the yeere 1101. gaue the Dutchy of Lorrain to Henry Earle of Lembourg whome after hee had rebelled against him he had taken againe into fauour And in troth this Henry of Lembourg was a very bad man for besides infinit other his misdeedes we find that at the prouocation of the Pope theÌ„ being he moued warre betweene Henrie the fowerth and the fifth the father and the sonne The father gaue him the Dutchy yet he tooke the sonnes part and then retourned to the fathers side after whose death hee went and fell at the sonnes fâ—â—te who committed him to prison and in the yere 1106. inuested Godfrey by some named William Earle of Louaine in the Dutchy of Lorraine whose seruice while hee was at Liedge hee vsed in taking Mountfaucon a hould the Lorde whereof was very insolent Of this Earle of Louain sprunge that house of Lorraine which yet continueth for vnto him succeeded Thierry to Thierry Thibault after Thibault a certaine Matthewe was Duke and so successiuely vnto the sayde Lady Isabell wife to Rene of Aniew as is aforesayd So as it is an abuse and manifest deceit to search the race of Charlemaigne in the house of Lorraine sith it is 580. yeeres since it vanished and was quite lost euen after that fower sundry Famelies haue succeeded one after another in the sayd Dutchy of Lorrain One of the yongest of which house who was Graundfather to the Dukes of Guise and Maine now being drawing into France with very smal wealth receiued as also after him his Children so many benefites at the hands of the Kings Francis the first Henry the second and his posteritie that they haue through the liberalitie of their Maiesties encreased their Patrimonie to a Million of Frankes of Rent that they houlde in this Realme whereas their grandfather Claude when he maried Lady Antoynet Bourbon daughter to the Duke of Vendosme had not aboue 14. or 1500. besides they haue bene honored with the greatest offices of y e Crowne as the office of great Master which was woÌ„t to be in the house of Montmorencie and other of the most honorable So as it might be hard to thinke that nowe they would imitate the Moyle whose nature is to kicke and spurne at his Mother when hee hath sucked enough of her Milke either that they had so vnthaÌ„ckfull a minde as to take weapon against the Royall Famely whereunto they are indebted in whatsoeuer they are yea and that vnder a false perswasion that they should be disceÌ„ded from Charlemagne which is contrarie to all trueth 4 To verefie therefore that the Princes of Lorraine neuer came out of the house of Fraunce it will be sufficient to shewe that in the succession of the Dutchy of Lorraine they obserue not the Salicke lawe as it was iudged by the Fathers assembled at the Counsaile of Basill on the behalfe of Isabell of Lorrain wife to Rene of Anieow and daughter of Charles of Lorraine against her Cousen Antony of Lorraine the sonne of Ferry the yonger sonne of Charles Hereby it manifestly appeareth that thus they declare the Princes of Lorraine to bee no Frenchmen neither euer to haue bene of the bloud royall of Fraunce or capable of the Crowne for the which and in the soueraigne succession wherof the Salicke lawe hath of olde time euen since Pharamond bene religiously obserued and thereby not onely the daughters but the males of them proceeding haue bene excluded from the Realme of Fraunce according as the decree of the sayde lawe importeth in these words Of the Salicke landes the woman shall chalenge no portioÌ„ but the succession therof shall appertaine to the males The reason of this constitution is because our fathers did horribly detest the gouernment of strauÌ„gers which vndoubtedly must needes haue often happened if the males of daughters that were wiues to forraine Princes might haue bene capable as some would perswade y â— childreÌ„ of Lorraine y t they may pretende as wrongfully as did Edward of England whose cause was solembly ended by the whole states of FraÌ„ce for Philip of Vallois afterward King against the sayd Edward the sonne of Lady Isabell daughter of Phillip y e faire after that Prince Robert of Arthois had openly made an Oration to the Estates for the sayd Phillip and had among other alleadged the reason aforesayd the originall whereof he drewe from before the Emperour Iustinian and Paule Emilie speaking of the ioye and contentation that the French conceiued after this senteÌ„ce writeth thus King Phillip making his entrey into the chiefe Towne of his Realme was receiued with as great pleasure ioye and triumph of people as euer was King of Fraunce where was a world of people crying God saue the King The streates were paued with Flowers according to the seazon and adorned with the most triumphant Furniture that could at that tyme be found To bee briefe saith the Historie the people forgat no kinde of demonstration of their contentation for the comming of this King to the Crowne He saith moreouer y t the Towne feasted his Maiestie y e Princes of his bloud and Officers of his Crowne praysing publickly extolling him as the preseruer and defence of the French Maiestie and the libertie and dignitie of the Salicke law whereby the FrenchmeÌ„ who were accustomed to prescribe lawes to Straungers were neuer ruled by them Then he endeth his speech saying that the most part of the night was put away with the light of Bonfyers throughout y e Realme and the howers of sleepe consumed in daunsing singing and all sortes of honest and delectable mirth especially at Paris y â— townes men marched in great troupes to congratulate each other for the welcomming of this King whom they termed the Bulwarke and preseruer of the best of their lawes These good fathers were no basterdly French as are those of our cursed world and would haue kept themselues farre from informing much lesse from begging those meanes that might bee imagined for the breach of this goodly Salicke lawe which is the onely Oracle of France and true rampier of the French dignitie which also sith it is euident that the Princes of Lorrain haue not vsed it is an vndoubted demonstration that they are not discended of the race of our Princes who haue so highly commended it in their Empier and soueraigne gouernement 5 In deed our deceiuers since considering that this foundation was too rashly propounded and might breede hatred in the King against the Princes of Lorraine whome they would bring into this bad action because his Maiestie beeing iustly agrieued hath power enough and ready to chastize the Authors of
naturall princes mainteine the one part which is least plausible and agreeable with the French nation much lesse aucthorised by Princes and forrein potentates whose weapons they hope to vse when neede shall require To the end also with lesse labor and greater pretence to hoyst vp the Ladder of their driftes they haue procured the writing of a number of bookes which within these fewe yeres are come to euery mans hands concerning the discents of the Princes of Lorrain whome gladly they would bring aboord into this quarrell if possibly they could meaning with them in mens hartes to imprint falsely to perswade that our Kings and Princes are no lawfull Successors but tyrants and vsurpers of this crowne from those of the auncient race of whome they would make the Lorrains to be discended so to procure them to be Captains of their conspiracie 2 But these Princes haue euermore sought to bee accompted too wise iust and vpright dealers to haue their eares so ticklish as to let them selues be led with such false inductions which could bring them no other but speedy shame perpetuall ignominie of their race for doing as the husbandmans Serpent who when hee had well refreshed himselfe at his fier would haue driuen him also out of his house As also to shewe that they neuer thought vpon so detestable a deede That euery man therefore may knowe it to be too euident an abuse to say that they be come of the famely of Charlemagne I will vse onely that Booke that themselues did in the yere 1549. to cause Edmond of Boulay the chief Herault and King of Armes of their house to publish wherein with the common opinion they doe mainteine that Charles of Lorrayn brother to Lothair King of France the last of Charlemagnes posteritie of whom the seditious do make so great accompt left a Sonne named Ottho who was Duke of Lorrain and died without issue so as in him ended the males of Charlemagne In deede the said aucthor saith that Godfrey with the beard Earle of Ardenne succeeded his Cossen If then he were Cousen to the said Ottho the same kindred might come by beeing discended of a daughter of the said Charles wife to LaÌ„bert Earle of Bergues or Monts who was Merquize of the Empire Earle of Brabant so consequently by the Salique Lawe vncapable of this Realme By reason whereof Pope Benedict the eight beeing at Pauy with the Emperour Henry the second and Robert sonne to Hugh Capet in the yere a thousand two hundred and three declared the sayd Robert to be lawfull King and Lord of the Crowne of Fraunce Besides the Author is forced to confesse that this Male ligne of Godfrey Countie of Arden failed againe and fel into the person of Ide wife to Eustace Countie of Bolongne on the Sea the father and mother to Godfrey of BoloÌ„gne King of Hierusalem who in Lorrain succeeded his vâ—kle by the mother Godfrey with the crouch backe so doe the Males of the house of Bologne are by the same writer continued vntil Lady Isabell the onely daughter and heire of Charles Duke of Lorrein who in the yeere 1418. maried Rene of Aniew pety sonne to King Iohn of Fraunce Thus we see by the domesticall testimony of the Princes of Lorrein the third distaffe in the house of Lorrein since the sayd pretended Ottho Sonne to Charles of France of which the first had bene sufficient to depriue them of the Succession Royall not withstanding their auncesters had drawen their Orriginall from the Masculine house of the saide Charlemagne For in respect of the house of Aniew extract out of the royall stocke of Fraunce and grafted into the Dutchy of Lorrain by the marriage of the said Rene with Isabell of Lorrain the same Lorrain Historiographer agreeth y t it ceased in Nicolas Marquize of Pont sonne to Iohn the second that dyed in y e yere 1433. whose succession was gathered vp by his Sister Yolland wife to Ferry of Vaâ—demont who was the yonger of the auncient house of Lorraine sonne to Antony sonne to Ferri brother to Charles Father to the foresaid Isabell 3 I will and that truely auowe that the house of Lorrain now being is so farre from being issued out of the race of Charlemagne either by Male or Female farre or néere that contrariwise the Dutchy of Lorraine hath chaunged stock or family fower or fiue times since the posteritie of Charlemaigne First in the house of the Counties of Ardenne when after the decease of Ottho Sonne to Charles of France in the yere 1005. Henry the second Emperour gaue Lorraine to Godfrey the sonne of Godfrey Earle of Ardenne whose seruice he had vsed against the sonnes by whome the Duke of Lorrain had bene emprisoned and soone after deceased without issue After hym succeeded his brother Gothelo in the yere 1019. in the time of Robert King of France Then in the yere 1033. Conrade the Emperour gaue to Gothelo Mosele after the decease of Frederick Earle thereof so as hee grewe mightier in Lorrain then before Against this Gothelo marched Odo Earle of ChaÌ„pagne seazed vpon Bar but the Lorrain gaue him battaile wherein the said Odo deceased Gothelo had a sonne named Godfrey vnto whom the Emperour Henry the fowerth refused to giue the Dutchy of Mosele and therefore hee would not also be Duke of Lorrain but in the yere 1044. rebelled against the Emperour who tooke him prisoner and after released him taking his sonne for Hostage who being dead the father reuolted again stirred vp Baldwin Earle of Flanders to help him to warre vpon him And this Godfrey slew Albert to whom the Emperour had giued Mosele for which cause the Emperour inuested Euerard of Alsatie in Mosele Fredericke vnckle to Baldwine of Flanders in the Dutchy of Lorraine Godfrey seeing him selfe so oppressed passed into Italie and there maried the daughter of Marquize Boniface but was by the Emperour soone after driuen out of Lomberdie wherefore he retired into Flanders and accompanied with the saide Baldwine besieged Fredericke in Antwarpe but the Lorrains came to his succour This Godfrey had a brother called Frederick sonne to Gothelo who retourning from Constantinople became a Monck at Mount Cassin and was after y e 157. Pope called Steuen in the time of Henry King of France After the decease of Frederick of Flanders inuested in the Dutchy of Lorraine Euerard of Alsatye was Duke of Lorrain but both the said Godfrey Euerard being dead in the yere 1070. the Emperor gaue Mosele to Deoderick son of the saide Euerard and restored Godfrey with the crooke back sonne of Godfrey aforesaid to Lorraine This man wholy destroyed the Frizons but was in the end slaine by Richarius in the yere 1089. so as by his death began the second house of Lorrain in the person of Ide sister to the last Godfrey with the crouche backe and wife to Eustace Earle of Bolongne whose Children were Dukes of Lorrain
Constantinople about the the tyme whereof he thereupon declared his will as is to bee gathered by the dates of the sayde Counsaile and the Emperours decree inserted into his last Code and afterwarde confirmed by sundry the nouell constitutions of the sayd Prince whereby hereticks are debarred all right of â—uccession Assuredly this obiection at the first blush beareth a great shewe but we must therein of necessitie resolue two poyntes the one of the lawe the other of the deede In the first wee are to dispute whether an heretick may be depriued of that Realme that falleth to him by succession as this doth to the King of Nauarre In the other whether in this present action the King of Nauarre may bee termed an Hereticke and as such a one bee depriued of his succession 8 For the first I saye and maintaine that those Ordenances of Emperors and Canonicall decrees which doe depriue hereticks of successions are written and speake onely of particuler Christians whose goodes and successions are subiect to the politicke lawes of the Magistrates of the land but it is otherwise in cace of Empires and Realmes which may not bee wrested out of their handes that are the true Lordes of the same either for heresie or other cause whatsoeuer because they be holden immediatly of the hand of almightie God and not of meÌ„ as it was argued and concluded in the Counsaile of Paris holden vnder Lewes the meeke Lothair his sonne Kings of France and Emperours about the yeere 829. which was ratefied vpon the saying of the Wise man Counsaile equitie wisedome knowledge are myne by me do Kings raigne and Counsailors publish their decrees in righteousnesse of me are Empires holden The like is to be read in the prophesie of Daniell The sentence is according to the decree of the watch men and according to the worde of the holy one to the ende the liuing may knowe that the most high hath power ouer the kingdome of men and giueth it to whomsoeuer he will and appointeth ouer it the most abiect among men The same Prophet soone after saith as much to Balthazar King of Babylon in representing to him the force of Nabuchodonozer the Monarke of Assiria The Prophet Ieremie in his speech of the King of Kings teacheth vs also I haue made the earth and man and beast vppon the face of the earth through my force and with my outstretched arme haue giuen it to whom it hath pleased me So that â—ubiects are not to search into their Kings neither are borne but to obey and serue whatsoeuer their Princes be without any further enquirie of their righteousnesse Feare the King and knowe that his election is of God saith the Apostle And when any of them doe commaunde or wield the Scepter royall it commeth of the fauour goodnesse and grace that God purposeth to extende to his people in graunting them a good King endued with pietie iustice and Christian Religion the others also are the scourges and roddes of his wrath and iustice whereof the Prophet Ozee saith In my wrath wil I giue thee a King And Iob Who maketh the hypocrite to raigne for the sinnes of the people for Gods wrath being kindled against vs he will sende vs a King such a one as our offences shall deserue because as it is written in the same booke of Iob If wee haue a wicked King wee are yet worse then he The place of Isidore is very fit to this purpose It is saith he a hard matter to make the Prince amend if he be giuen to vice for the people stand in awe of the Magistrate but Kings if they be not withholden by the onely feare of God and dred of the torments of hell doe abandon themselues to all libertie and runne headlong into the bottomlesse pit of sinne I say therefore that it is not for the people otherwise then with humilitie and obedience to controule the actions and qualities of their King but their duetie is onely to cast vp their eyes to heauen and to consider with themselues that by the wil of God the Scepter is fallen into his handes and power that beareth the Crowne whether he bee good or bad especially being there to called by lawful succession such as is in our France wherein by the Monarchiall lawe the people haue not onely referred al their power into the Kings hand and might but which is more haue also tyed their owne hands so as they can haue no redresse so long as any male of the bloud royall doe remaine according to the lawe of the Realme being the neerest male in agnation to the deceased after the generall custome of France yea notwithstanding he bee vnable vncapable and do want discretion to gouerne the Estate in all which causes they may only appoynt him a tutor and administrator of the publicke affayres the order wherof haue bene practized in our Fraunce vpon Charles the Simple and Charles the sixt For notwithstanding the Realme especially ours be not properly hereditary patrimoniall or fâ—udall yet it is successiue and falleth to the neerest not in qualitie of heire to the deceased but as to the next in bloud in masculin ligne so that consequeÌ„tly what euer he be he is called and whatsoeuer default be in his person either of age iudgement or what els soeuer yet may the Estates and Peeres of the Crowne do no more but appoint a tutor to gouerne him and by counsaile to supply whatsoeuer his imperfections because he was elected in heauen so soone as he came into the world All such also as shal resist him who by succession is lawfull King shall encurre the wrath and displeasure of almightie God because we are not to staÌ„d in argument or murmure against the deuine wisedome who for the afflicting of his chosen people and the house of SioÌ„ did many times suffer them to be gouerned by yong wicked franticke and vnfaithfull Kings yea meere Tyrants such as in Iuda were Roboam Ioram Ochozias Amasias Achas Ozias and others who were either Idolaters or misbeleeuers in the true God of Abraham Likewise in Israell Nadab Baaza Achab with his wife Iezabell Manasses and the most part of the rest of their Kings who raigned with more Idolatrie and tyrannie against the fauoured of God then in mans opinion was requisite With the like scourges also God hath visited his Church since y â— time of grace wherin it pleased him to send his deare sonne into the world with his most precious bloud to redeeme vs from our sinnes permitting to sit therein not onely many vnfaithful Emperours and Kings conspired enemies to our faith and heretickes but also particuler Pastors ordeyned for the feeding of the soules of Christians euill liuers and of pernicious example Constantine sonne to great Constantine Valens brother to Valentinian the first and Zeno sonne in lawe to Leo the first Emperours were Arriens Anastase and Iustinian the first of that name were
infected with the error of Eutiches Heraclius was a Monothelite The stories are ful of many Popes of Rome heretickes adulterers Magicians Scismatickes and men confect in a filthie quagmire of vice who all neuerthelesse did peaceably by Gods will sit in Moses chaire to the ende to punish and afflict his flock as he hath thought good by such Tirants whom with his owne hand he chose to be the executioners of his iustice and against whom the people neither ought nor might conspire for saith Panormitan sith they are not free but subiect they haue no power to transferre the iurisdiction or conferre the title neither is he accoumpted to haue giuen that hath no right to giue In an other place the same Canon Doctor writeth that the vassall cannot consent in the person of any other then his Lorde no not by prorogation of power to that purpose alleadging many other skilfull persons opinions Howbeit all good Catholickes doe to their great griefe knowe that most of the Ecclesiasticall persons and Clergie of Fraunce doe seeme to bee parties in the Conspiracie that long since haue bene deuised against the state of this Crowne which neuerthelesse I can hardly beleeue notwithstanding I heare our ordinary Preachers openly in the chaire of trueth and humilitie preach warre bloud weapons rebellion and contempt of y e King and the Princes of his bloud a matter detestable and abhominable before God 9 My Maisters ye Bishops Priestes and Doctors what weene ye to doe Is this the commaundemeÌ„t of God Is this the doctrine that ye are bounde to plant in the Christian Church Is this the light that you shewe to the flocke which God hath committed vnto you Is this y â— peace that you ought to teach and for the which the Church poureth foorth her daylie supplications What correction may the people look for at your haÌ„ds whiles your selues are the authors of euill Wil you doe or say as Lucifer I wil ascend into heauen and become like vnto the most high God Will you iustly haue the name to be the very enemies of God who commaundeth obedience onely to the Kings and powers that he hath established and who taketh no delight in any thing more then in peace hating all shedding of bloud Doth the way to cure the rage of poore mortall creatures consist in vnclothing them of all humanitie in thrusting into their fist the sword wherewith to make away them selues by the authorising of their furie with your decrees nay which is more by stirring them thereto through your Sermons May wee not reproach vnto you that which Ieremie prophesied in his tyme The Prophetes haue prophesied lyes the Priests haue approued theÌ„ and the people haue embraced them Must we needes say of you as Ezechiel writeth of your like I will stretch foorth my arme ouer their Prophetes that see lyes and those that tell fables or do not serue for discipline to my people whom they haue seduced saying The peace of God bee with you and yet it is not peace that they seeke My Maisters this is not the fruit of the spirituall doctrine that you haue in custodie beware it be not sayd of you that an euill tree cannot bring foorth good fruite you preach warre rebellion disobedieÌ„ce you contribute to Conspirators against your King and the Princes of his bloud you deliuer the Townes to them and doe put your flockes into their hands you seeke out straungers to rule ouer you and doe set them against your King where will you become Is this the Catholicke and Apostolick doctrine that you doe sowe Knowe you not that Iesus Christ is the foundation of the Church so that whosoeuer will lay any other shall destroye himselfe and whatsoeuer he dare vndertake Is not the doctrine of Iesus Christ peace humilitie obedience and clemeÌ„cie Is it not written of you Bee yee wise as Serpents and simple as Doues Are not you termed the sault of the earth which beeing shed abroade where may wee gather it againe I wote what you will say There be say you a number of heretickes which must bee rooted out with the sword because their life is repugnaÌ„t to Gods honor No no my Maisters you are yet deceiued for you must first shewe how they bee heretickes and for such cause then to be lawfully condemned which as yet you haue not done because in â—rueth your pretended CouÌ„saile of Trent whereby you haue condemned them was not lawful as the King of France confessed euen while it was assembled and therefore did not onely forbid the Bishops of his Realme your predecessors to go thereto but also by his Embassadour did protest that he could not accept it for a lawfull and generall Counsaile but onely for a particuler assembly gathered together for the profite and authoritie of the Pope and King of Spayne vnto whom they went about to giue the presedence aboue the most Christian Maiestie furthermore declaring that he ment not that he or his subiects should any way be bound to the decrees thereof but that contrariwise he was determined if neede were to employ all remedies necessarie which his predecessors had in like cace vsed to procure the disanulling of the same Besides I saye vnto you that weapoÌ„s are not the meanes to cure this mischiefe Know you not that the doctrine of Religion either the error thereof is a disease of the Soule and minde seeke therefore for your partes the spirituall Medicines wherewith to heale the same as admonitions prayer fasting amendment of your liues which are the true and onely Weapons of Gods Church But what are you not content with the extreeme diligence and care of our most Christian and Catholike Kings for the revnion of their people into one only Apostolick Romish Religion what haue wee gotten by so many fyers so much blood such battailes and destructions within this Realme for the same Those that nowe would rule you are they not the same persons that led the armies and practized y â— occasions of the passed wars haue they not sufficiently proued that neither ster nor sword are meete remedies for this euill that in one day of such troubles Gods Church is more hurt and offended through the disorder of one lewde Souldier then in a whole yeere of pacient tolleration whereby God may be deuoutly serued the King honored the Clergie assured the Lawe feared the gentry cherished and the people eased to bee briefe euery one by little and litle reduced into the waye of good life which to bee briefe are the effectes and glorie of the militant Church and of the good Shepherdes of the the same Wee haue burned them quick they haue quenched the fiers with their blood wee haue drowned them they haue Spawned in the concauities of the water we haue murdered them al in their sleepes within few daies they haue reuiued againe We haue fought with them and beaten them but haue not cast them downe To be brief if we consider how we haue
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
Raoul Duke of Sueue he desired the Bishoppes to gather together at Bresse where in their Sinode they excommunicated and deposed the Pope and elected Clement Bishop of Rauenna to bee his successor for whose establishment the Emperour tooke Armes and entered Italie Henry the fifth was forced to Warre against Pascall who had mooued the Romaines to mutiny against him to the ende to haue slaine him because he endeuored to mainteine the auncient rightes of the Empire concerning the collations of Bishoprickes Frederick the first vnderstanding the arrogant presumption and obstinate resolution of the Popes Adrian Alexander the third and Victor importing that it lay in them to giue the Empire to whome they pleased did seauen tymes enter Italie with an army where he fought a blooddy battell in the which dyed 12000. of Pope Alexanders partakers who therewith prouoked caused the liuely Picture of the â—ame Emperour to be drawen and sent the Table to the Soudan of Egipt against whome the saide Emperor was gone withal aduertising him y t vnlesse he procured his death by treason or otherwise he should neuer haue peace wherevpon the Emperor recreating himselfe a litle from his Armye was taken and brought before this heathen who shewed him the Popes Letter togither with his Picture and yet neuerthelesse put him to his Raunsome and so sent hym home honestly as abhorring the treason of the great Priest of the Christians against this Prince who ventured his life for the maintenaÌ„ce of his Religion Hereat was the Emperour so offended y t at his returne he entered Italy againe forced y e Pope to flee in counterfaite apparell after y t the Bishops had in a Synode condemned him as a traitor to the Empire yea which is more as a conspired enemie to Christian faith Phillip this mans sonne being by Innocent the 3. sclaundered amoÌ„g the Princes of the Empire was counsailed by the Bishoppes of Germany to haue his reuenge by armes Ottho the 4. being in Rome was so sâ—arred by the driftes of the same InnoceÌ„t that he was driuen to haue recourse to force in which conflict perished a number of the Citizeâ—s of Rome Frederick the 2. in whose time Innocent the 4. Honore and Gregory the 9. did in Italy begin y â— quarell of y e Guelphes against the Gibelins who mainteyned them selues vnder the auncient obedience of the Empire was by the aduice of al his Princes and Prelates compelled to oppose himselfe against the practizes conspiracies which these high Priestes wrought against him The Emperour Albert King Phillip of France doubted not to bend them selues against the oppression of Boniface the eight to contemne his excommunications vntill King Phillip assembled the Prelates of Fraunce by whose sentence he was declared a Scismaticke Hereticke inuader of the holy Sea and a perturber of the peace of the Church as hauing molested all Italy with the factions of the Whites and the Blackes Henry the 7. of the house of Luxembourg to the ende to withstand Clement the third the mainteyner of Robert King of Sicill a rebellious vassall to the Empire was driuen to come to handy strokes with him and his partakers the like did Lewes of Bauier against Iohn the 23. and other y e Popes of his tyme who without either cause or reason had declared him an Hereticke because hee would not yeeld to them the Imperiall authoritie in Italy neither put the Empire into the subiection of the Bishop of Romes Sea In our tyme Lewes the 12. King of France and the Emperour Charles the fifth how dealt they most iustly with the Popes that would haue dispensed with and exceeded the boundes of their duetie To bee briefe in other the Prouinces of the Empire infinite are the examples of Kings and Princes who with the aduice of the Prelates and Nobilitie of their Dominions haue with armes withstood the ambitious and passionate practizes of the Popes in whom it had bene more seemely to haue gouerned the Church and spiritual Hierarchy and not to haue thrust their Sythes into other mens haruest whereof is without doubt proceeded the destruction and deformitie of the West Catholick Church together with the full fall of the East Church into the which by those meanes is entered the Wolfe that hath deuoured Gods flocke whereof they shall assuredly aunswere 24 Now haue wee yet the second question to enquire of for our better instructioÌ„s in this matter That is whether the King of Nauarre bee an Hereticke His aduersaries doe say that his opinion of Religion was lately condemned in the late oecumenicall Counsaile holden at Trent Hereto he aunswereth that the same pretended Counsaile was not lawfully assembled because therein the Pope executed the roume of both Iudge and party also that such as prosecuted reformatioÌ„ in the Church were not heard To bee briefe there may be debating and many nullities may be alleadged aswell in the forme as in the decrees of the sayde Counsaile whereto neede no more respect â—ee had then to the counsaile of the wicked of which the Psalmist doth speak or vnto those that the Prophet termeth Counsailes of vanitie yea and Sainct Iohn writeth Beleeue not euery spirite but prooue whether they be of God Saiuct Hierome also teacheth vs that the doctrine of the holy Ghost is the same which is set downe in the Canonicall Scriptures against which if the Counsailes determine any thing it shall be wicked Also when the Emperor Martian in the Counsaile of Chalcedon forbad to dispute or call into question such thinges as had bene well decreed in the same holy assembly he thereby ment not to grauÌ„t free libertie to Counsailes against Gods worde but he speaketh onely of such thinges as were well and lawfully ordeined according to y e rule of the holy Scriptures by the which those that vphold the same opinion with the King of Nauarre doe pretend to shewe that the Cleargy who were assembled in the Counsaile of Trent alone haue greatly erred which their inquisition and search beeing by Gods owne mouth permitted to the Church may not well be refused Trye all sayth the Apostle and hold that which is good And in deede if the Counsayle of Trent bee aunswerable to the doctrine of Iesus Christ If the trueth hath appeared therein then neede it not to feare the tryall at the fire thereof which is the true touchstone of humaine traditions The worde of GOD is pure and feareth not the fiery tryall for it is a true saying The lawe that will not bee tryed may iustly be suspected After then that in a generall and free Counsayle all parties haue bene heard that by the onely worde of God and without affection they haue debated their cause so that finally the opinion which the sayd Lord King of Nauarre holdeth bee adiudged hereticall he is so Catholick and zealous a Prince and one that so feareth God that he wil not stick publickly in the Church to confesse he hath
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
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
to bee borne ouer vs Will wee graunt that to force that belongeth to reason In my opinion we deceiue our selues if we weene by weapons to wrest any thing from Mars especially in whatsoeuer concerneth Religion which among honest and the best men goeth nearer and is of greater efficacie then all other humaine actions So as to the contrary I doe stedfastly beleeue that wee haue the more cause to hope well of the gouernment of the said Lord King of Nauarre if it should happen For sith his enemies are forced to coÌ„fesse that of himself he is a Prince wise well taught discreete and reasonable also that our selues see him assured and by weapons in expugnable in that which from his infancie hee hath bene perswaded to bee good for him in respect of y t feare that he hath of God how great a peece of the work soeuer offereth it self to his view or whatsoeuer humaine hazard there be any apparance that he should feare in the conseruation of a mightie earthly Kingdome whereof as yet he is presumptiue heire it is an inuincible argument for vs to knowe that hee loueth and feareth God aboue all things Let vs therefore giue him a taste of our reasons sith he is so very capable to the ende we may at his hand winne that we desire and which wee ought and may spedely hope for without perticulerly hating his person without offending him without prouoking him and without encurring the wrath of God by procuring the shedding of the innocent bloud of so many thousands of our brethren and together with them the destroying of our poore Countrey As yet in troth it is too great an abuse to terme the said Lord King of Nauarre a Rebell or Traytor to the Kings Maiestie for keeping himselfe from being slayne and for opposing to his enemies the walles of those who being shadowed in their owne houses did onely withall instance and most humble petition require the King to permit them to liue in peace of conscience vnder his obedience against the which they did nâ—uer striue neither would euer had recourse vnto or craued the said Lord King of Nauarres protection whome they know neuer to haue so much loued any thing as to liue his Maiesties most humble most obedient subiect whereof wee all in our consciences are eye witnesses neither neede we any greater proofe for the iustification of him who neither doth neither euer did desire of the King his Lorde any other thing then to liue in his good fauour and to bee of him accoumpted a most humble and most obedient subiect and kinsman 3 For this cause in this action let al good Frenchmen coÌ„sider that the sayd Lord King of Nauarre is as they the Kinges good subiect a Christian one that feareth God and a louer of his Countrey so as for his sake wee neede not take armes or beate our braynes as doe some that be perswaded by the wicked counsaile of these firebrandes he is the sonne of the famely he is not a Spaniard that commeth to your walles and to y e doores of your houses he is a true Frenchman one that desireth peace and one that would obey the King his Lord in whatsoeuer lyeth in him he is a louer of the lawes of the Realme a sworne enemy to the sedicious an oppressor of the wicked and a defender of the Commonwealth Besides he hath aboue all other the French nation the honor to bee the first Prince of the bloud royal heire apparant to the Crowne in case God should cal our King without leauing any issue male of his body Let euery one therefore consider that al his enemies obiections are but meere cauillations Let the French nation iudge whether they haue not more cause or are not greatlier bound to loue and acknowledge the King of Nauarre then and other next to the Maiestrie of our soueraigne Lord the King seeing we haue chosen for our tutors gouernours and lawfull administrators the most noble and couragious famelie of the Capets to bee our Kinges of Fraunce from whence is discended in right masculine ligne on the fathers side the sayde Lord King of Nauarre as is aforesayde also that euery other way he hath thence taken his originall for his Grandmother on the fathers side was Lady Frances of Alencon daughter to Rene Duke of Alencon and sister to Charles last deceased all discended in right ligne of y e males of Charles of Valois who first tooke the name and title of Alenâ—oÌ„ and was brother to Philip of Valois King of France both sonnes to Charles of Valois brother to King Philip the Faire which two were sonnes to Philip y e Bould eldest sonne to S. Lewes and his successor in the Realm Againe the sayd King of Nauarres Grandmother by the mother was Lady Margaret of Fraunce sister to King Frances the first As for the Kings of Nauarre whom by his mother Iane of Albret daughter and heire to Henry of Albret King of Nauarre whom he hath succeeded they also are discended from father to the sonne of the house of France by the interposition of daughters capable of succession in the Realme of Nauarre for Henry Earle of Champagne and Brye by his mother Blanch King of Nâ—uarrâ— maried a daughter of Robert Earle of Arthois sonne to King Lewes the 8. of Francâ— and brother to S. Lewes of which marriage was borne Iane heire of 〈◊〉 and wife of Phillip the Faire King of France of them two came Lewes Hutin successor in the Realmes of France and Nauarre when he dyed he left a daughter Iane who after her Vnkles Phil. the Long Charles y t Faire was Queene of Nauarre she maried Phil. of Eureux sonne to Lewes of Eureux Sonne to Phillip the bould King of France and brother to Phillip the fayre Of their mariage issued among other children Charles King of Nauarre who maried the daughter of King Iohn of FraÌ„ce and of them was borne a Sonne of the same name for whose sake King Charles the sixt erected the lande of Nemours into a Dutchy At his decease hee left two Daughters of which Blanch the elder succeeded in the sayd Realme and of her and Iohn of Castile her houseband issued Eleoner wife to Gaston of Foix who seazed vpon the Succession of the realme of Nauarre and other great goods Of that mariage came Gaston of Foix that maried Magdalein of France sister to King Lewes the eleuenth who had Frances Phebus king of Nauarre after his grandmother Eleoner and Catherin who succeeded her brother Phebus shee maried with Iohn of Albret father to Henry of Albret and grandfather to Queene Iane late deceased at Paris mother to the said King of Nauarre now raigning So as it adpeareth that he is on euery side true french and issued of the bloud royall of Fraunce Let vs not therefore any longer giue eare to these sclauuders but only haue recourse to God by hartie praier that if the sayd Lorde King of Nauarre or
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
viscerum patris primo geniti excludet secundò genitum The fifth consideration is taken ab exemplo patroni qui vni ex liberis assignauit libertum to whom and to his he is due illis extantibus alteri non est locus So then the law custome and publick ordenāce hauing called the eldest and to him assigned y t right of the Realm it cānot belōg to any other but him or his being sufficiēt so long as they shall remaine in the worlde to take vp that succession which the right of eldership hath giuen him The sixt reason shall be that the same lawes and customes that are obserued in siefes and vasselag are considerable in Realmes and 〈◊〉 ruling And it is certaine that in beneficio quod feudum appellant nepos ex filio solus succedit and in default of him onely the Vnckle is called to the sayde succession notwithstanding our writer dare falsly mainteyne the contrary and alleadge the textes that make ad literā as they terme it against him Why then should wee not say as much of the Realme and Crowne which is the rule and gouernment of the said stefes Finally without doubt the right of eldership is a qualitie that passeth to euery of the children from the first to the second from the second to the third and so consequently as doe the heades of succession ordeyned by the pretors edict de liberis ad agnatos de his ad cognatos at verò certum est successionem quae fit de gradu in gradum potiorem esse illa quae fieri solet de capite in caput so as post omnes liberorum gradus vocantur agnati post vniuersos agnatos cognati Thus are the first borne the first head whose degrees are to bee considered in their issue The other head is of the second borne whose degrees are to be obserued in his children c. 6 Yet is there in this cause one especiall reason for the sayde Lorde King of Nauarre which cannot bee aunswered that is that his sayd Vnckle the Lorde Cardinall of Bourbon at the mariage of his neuewe the King of Nauarre to Lady Margaret of Fraunce acquited demissed yeelded and transferred to the sayd Lord King all and euery the rightes tles voyces and actions present to come that any waye might to him apperteyne as comming of the house of Bourbon expressely acknowledging his sayde neuewe the Lorde King of Nauarre for the true sonne heire successor and in all and by all representer of the senioritie of the sayde house To thincke therefore now to goe against the sayd renunciation made vnder a vaine hope of successiō in this Realme comprized vnder this general eldership of his late brother the Lord King of Nauarre there is no apparance sith spes fidei commissi conditionis in certum remitti poterit yea that iusiurandum reuunciationi interpositum tale est vt obseruari possit sine salutis aeternae dispendio also that by the Cannon lawes a renunciation cōfirmed with an oath can not be broken Besides that the renunciation was a part of the donation in the cōtract of Matrimonie whereby the mariage of the sayd Lord King of Nauarre to the sayd Lady of Frāce was more easily accomplished and by the restoring of the same the childrē of the said Matrimony might be endamaged which may not be permitted especially because the sayd Lorde Cardinall can alleadge no likelihood of hurt through his minoritie force or other causes of restitution against the sayde Lorde King of Nauarre his neuewe who at that tyme was yong and vnder the sayd Lord Cardinalles authoritie On the other side the learned do for the said Lord Cardinall bring in the example of Siluius King of the Latins who was preferred before Iulus his elder brother Ascanius sonne but in this matter the argument is not alike for Ascanius dyed not in his father Aeneas tyme but had worne the Crowne 38. yeeres or there about after his decease and when hee dyed the succession thereof was restored to Siluius to whom it rightly did apperteyne as being the true enheritance of his mother Lauinia For it is euident that Aeneas after the destruction of Troy landed in Italy with his sonne Ascanius and so well ordered his affayres that hee married Lauinia daughter to Latinus King of Alba Longa whom hee afterwarde succeeded of that mariage begat Siluius so that Ascanius raigne ouer the Latins in Italy was by tyrannie and without any vailable or more apparant title then the sworde for the Realme belonged to Siluius in the right of his mother Lauinia Secondly they alleadge a iudgement of the Senat of Sparta betweene Agesilaus and his nenewe Leotichides sonne to his elder brother Agis whereby the Vnckle was preferred and the Diadē royall to him adiudged But herein I would also desire thē to haue recourse to y ◠reason that Pausanias yeeldeth for y ◠saide iudgement which was because he was by his father Agis denounced a bastard whom in such cases the Ephores commonly beleeued as appeareth by a fore iudgement long before by them giuen in the person of Demaratus who was driuen out of the Realme which hee did enioye because of the like speech vsed by his father Ariston in his place as vnsufficient was substituted his Cossen Leotichides Their third example hath yet lesse apparence and is of Gontran King of Orleans of the sonnes of Clotaire the first who was preferred before Childebert sonne to his brother Sigisbert King of Metz in the succession of Cherebert King of Paris for they saye not that it was by force either that the Realme of the sayd Cherebert was deuided euen in the life tyme of the sayd Sigisbert father to the sayd Childebert among all his brethren and yet that afterwarde the weapons of the sayde Gontran were the stronger whē Fredegond had procured the death of Sigisbert which soone after Gontran repented and hauing no children adopted his neuewe Childebert who in the ende enioyed all his possessions The fourth is of Honoricus sonne to Gisericus King of the Wandales who was preferred before Gondabundus sonne to Genson the said Gizericus eldest but to this purpose they should withall haue set downe the words of the sayde Gesericus the fathers last will and testamēt importing as saith Procopius that he would haue the eldest of his children to succeede him which peraduenture he had learned of the auncient Nomades among whō sayth Strabo the prerogatiue of yeres was relligiously obserued in consideration whereof sentence passed for Corbis the eldest against Orsna his Cossen and sonne to the last King whose controuersie was decided by a Combat But in France we regard not the age but onely the order of senioritie wherein the neuewe continueth by substitution of him in the roume and place of his father the prerogatiue of the sonne The like was obserued in Barnarde sonne to Pepin Charles the Great
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
such writings as guiltie of treazon haue dissembled this meane and flatly disaduowed the miserable wretches who for the publishing of these vntrueths had hazarded their liues But returning into the path of their first entent since the death of Mounsier the Kings onely Brother they haue perswaded themselues that his Maiestie may one day happen to dye without issue But howsoeuer it be prouiding long before for their affayres they haue coasted and sought to winne one of the first Princes of the blood discended of the house of Bourbon the true and onely Heyre of the Crowne if it should please God so farre to punish vs as to depriue vs of our good King without issue male and haue gone about to perswade this Prince that it is he who ought to be the lawfull successor and therefore that he had neede presently and alreadie to cause the same openly and with effectual and stroÌ„g reasons to be published 6 Wherein both the one and the other doe highly offend the Kings owne person in that in his life tyme they dispute of succession which if it might please God to sende him a sonne to enioye it shall neuer fall to them besides that thus thei seme to coÌ„spire his death which in effect is as much as to league themselues against nature against good maners against Christian pietie against that good will which we owe to our King vnto whome we are bound to pray for good wish for good and prognosticate good and therfore to waite for such his hap and misfortune is repugnant to all lawes ciuill and naturall Neither can good men like that against the Kings will and during his life men should argue or call into questioÌ„ the doubt of his succession which is nothing so long as it shall please God to leaue him in the world Vpon this cause did the fifth Counsaile of Toledo in Spayne which was holden during the Popedome of Honorius the first about the yeere 622. in the tyme of Heraclius the Emperour and Chintillus King of Spayne by decree excommunicate all such as do enquire or seeme to haue any care or doe seeke to vnderstande who shal be their King after him that hath the Scepter Because then saith the text it is repugnant to pietie and daungerous to man to thinke vpon vnlawfull matters to come or to enforme themselues of the accidents of Princes or in respect thereof to prouide for the time to come for it is written It is not for you to knowe the seazons and tymes which the Lorde hath reserued to himselfe wee doe by this decree ordeyne that if there be any informer of such matters and who during the Kings life respecteth any other in hope of the Realme or that allureth any vnto him in that respect that the same be by senteÌ„ce of excommunication banished the companie of the Catholickes The same decree was reiterated in the sixt Counsaile holden in the sayd Towne of Toledo whereto was added a very conuenient reason whereby the Authors of such discourses are reproued as men curious of the tyme to come whom God will not peradueÌ„ture permit to attaine thereto Mark therefore how such people who would bee taken to be zealous of Catholicke religion and the Commonwealth do by making such questions offend God and his holy Church 7 Furthermore this good Prince of whom they seeke to make a buckler is if it please him to consider that these alterations are wouen for the subuertion of him and his famelie to the ende that beeing by the force of the same disunited and deuided the Authors of this faction may remaine Maisters of both partes and by the losse of the one may more easely disperce the other That this is so it appeareth by that Lybell that secretly they disperst abroade into our hands wherein is one of the most impudent maximes that they dare set downe namely That no one of the Princes of Bourbon and doe expressely name the person of the Cardinall vnder whom neuerthelesse they would shroud theÌ„selues is capable of the succession of the Crowne of FraÌ„ce because now they are growne beyonde the tenth degree of agnation to the royall house whereby onely enheritances and successions are by the Ciuill lawes deferred to the neerest and beyonde the which also the heritage beeing vacant shoulde come to the fisck which in this cace is the assembly of the Estates and Peeres of France who are to proceede to a newe election But herein they doe malitiously deceiue themselues because the royall title of the Crowne of Fraunce is not simply a patrimoniall enheritance or feudal neither runneth by simple enheritance ciuill but the neerest of the bloud royall is thereto called by succession and surrogation perpetuall without ende after the order of consanguinitie or masculine agnation whether he be or be not particuler heyre to the King deceased in his owne proper goodes Also say our Maisters this right of the Crowne is in deede not hereditarie but of the famelie and of whom soeuer appertaineth thereto notwithstanding no one of them might be heire to the deceased Wherevpon Balde others that haue particulerly written of the succession of this Realme doe vpholde that therein succeedeth the next of the Kings bloud being come of the male although he were 1000. degrees of and that by the right of bloud and perpetuall custome of the Realme therein bringing for especiall example the famelie of Bourbon which onely after the famelie now raigning is to succeede in the Crowne of Fraunce Besides that returning to our purpose all the reasons that may be alleadged in the behalf of this Prince or of any other whosoeuer except of the King of Nauarre haue so small likelihood that euery one may soone iudge that those that haue set abroach this matter are mere perturbers of the peace and lawes of this Crowne particuler enemies to the house of Fraunce but chiefly to the sayde Lord Cardinall of Bourbon in that they endeuour themselues to ship him in this so vniust a quâ—rrell and to perswade him to leaue such a blemish to his memorie that the posteritie maye saye that so great a Prince as hee wise and discreet a Clergie man euen from his youth being now come to y e Graues side should without reason bend hymselfe against his owne blood and peraduenture be an occasion or instrument to the enemies of his Family to depriue his blood of so faire great and mighty a realme which the lawes thereof hath prouided them if God should not send the King now raigning a sone 8 Now to the end to lay open mine intent I willl say no more but the trueth which is that among all such as professe obseruing of the estate and gouernment of auncient common wealthes this Realme of Fraunce will appeare to be one of the most assured and best ordered that euer was in the world which also through the Lawes and politicke gouernment thereof hath longer continued then euer did any other Monarchie howe
retourne to the line of Francis the Elder who maried Lady Mary of Luxembourg daughter to Sir Lewes Constable of France who brought great goods to that Famely in Picardy Artoys Flanders and other places Of these two issued diuers children namely Charles Frances Lewes Antoinet Loyse of Bourbon Charles the Eldest succeded in the Countie of Vendosme and procured it to be erected into a Dutchy and Pairry Francis had the Countie of Saint Paule and maried Lady Adriane of Touteuille daughter and heire of a great famely They had issue a daughter Lewes was a Cardinall Anthoinet was maried to the Lord of Guyze of whoÌ„ is discended the house of Guise now liuing Loise was abbesse of Fronteuault Now the said Charlâ—s the eldest maried Lady Francis of Alencon sister to the deceased sir Charles Duke of Alencon last deceased without children in the yere 1524. of this mariage issued Antonie Francis Charles Lewes Iohn Antony the Eldest and Heire of this family maried Iane of Albret Queene of Nauarre of whom came Henry of Bourbon now king of Nauarre who hath married Margaret of France Sister to the most Christian King Francis was named Lord of Anguien who gat the victory at the iorney of Serizoles died without issue Charles the third is Cardinal of Baurbon and Archbishop of Rouen Lewes was Lord Prince Conde who when he died left fower sonnes Henry Prince of Conde Francis Prince of Contie Charles Cardinall of Vendosme and Charles Countie of Soissons Iohn who after the decease of Francis was entituled Lord of Anguyen died also without Issue There were also some daughters of whom here we haue nothing to say as hauing in this argument to treate onely of the Succession of the house of FraÌ„ce which can not discend but to y â— Males of this famely The onely controuersie therefore and different that might through the Counsaile of the mischiuous be mooued resteth betweene Henry of Bourbon King of Nauarre sonne of Anthony the eldest of that famely and Charles Cardinall of Bourbon and Archbishop of Rouen his vncle by the father The end of the first part ⧠THE CONTENTS OF THE SEcond part of this Booke 1. Obiections moued against the King of Nauarre 2. The mariage betweene Lady Iane of Albret Princesse of Nauarre with the Duke of Cleue dissolued by the Ecclesiastical sentence the Popes dispensation auctorized in Parliament Also the marriage of the sayd Lady with Anthony Duke of Vendosme the eldest of the house of Bourbon from whom is discended the King of Nauarre 3. Marriage is by the Ciuill lawe voyde being contracted before age 4. The holy decrees haue inhibited the blessing of mariage of maidens before twelue yeeres of age of men before foretene the East Church haue proroged the Matrimonie of the man to fifteene and of the woman to thirteene 5. The honestie of Ciuill pollice forbiddeth mariage before age 6. Examples of mariages disanulled by reason of the noneage of the contracted 7 The explication of humaine pollicie wherefore hereticks are vncapable of successions 8. The right of Realmes is houlden immediatly of God by the continuation of the successiue lawes of the same Neither can the Estates depose a King vncapable or otherwise disabled Or the people transferre the right of their Lord vnto the person of any other to whom it ought not to be giuen 9. The office and duetie of the Clergie towarde Kings and Princes King Henry the second protested against the Counsell of Trent 10. Why those of the League would not take the Catholicke Princes of the blood therinto Those of the league haue sought to suborne those of the pretended reformed Religion 11. Kings are Stewardes of the Church goods The Church is in the Commonwealth not repugnant thereto Pollicie Iurisdiction and collation of Ecclesiasticall functions apperteineth to soueraigne Princes The Kings of Fraunce haue euermore preserued the state of the persons and goodes of the Clergie in their Crowne The Clergie were in olde tyme not capable to distribute Church goodes 12. The King neuer dyeth in France because of the successiue law thereof To what ende the Coronation of Kings was instituted The auncient maner of the Coronations of heathen Kings How long it is since anoynting was instituted and wherfore It is not necessary to annoynt or crowne Kings in one only place 13. Antiquitie is no necessary argument to auctorize common custome 14. The Church neuer disturbed the succession of Kings no not for heresie 15. Whether it be likely the K. of Na. wil force the conscience of his subiect 16. The estate of Bearne and Nauarre 17. The cause of the protestatioÌ„ that the King of Nauarre made the last yere at Montauban 18. The King cannot infringe the successiue law of the Realme The successor commeth not to the Crowne in the qualitie of heire to the deceased 19. The Popes reasons whereby he pretendeth aucthoritie to transferre Kingdomes The Popes haue euer exempted France out of their wonderfull power Gods lawe without polliticke confirmation is no sanction vpon earth Priestes haue no imperiall Iurisdiction Bishops and Popes haue acknowledged Kings and Emperors for their Lords The punishment of heretickes is executed by the seculer Magistrate 20. The opening of sundry places of Scripture concerning Ecclesiastical iurisdictioÌ„ Wicked Emperors were neuer deposed The Pope cannot excommunicate any body politick or Towne subiect to the King of France Appeales in cause of abuse from the Pope and other Clergie men obserued in France 21. The Church cannot excommunicate a Prince that is an euill liuer Subiects after the excommunication of their Lorde are not discharged of their dueties toward him 22. The sentence of the excommunication of a Prince cannot conteine any clause of depriuation from his Lordly rights 23. A Prince may lawfully arme himselfe against the Popes wrongful excommunication and appeale therefore as in abuse 24. The K. of Nauarres reason to proue him no Hereticke 25. The vsurpations of the Counsell of Trent ouer the Crowne of France 26. Most dauÌ„gerous drifts of y â— Leagued in the reformation of the Realme 27. The wicked entent of the Leagued Also what enuy they beare to the Duke of Espernon and others 28. The remembrances of Aduocate Dauid now put in execution by the Leagued The Kings duetie in matter of Religion 29. Forraine rule and gouernement is wretched FINIS THE SECOND PART OF the Cath. Apologie 1 SVch as mislike the king of Nauarres cause doe obiect against hym in this libell fonre principall points wherof three doe perticularly touche the qualitie of his owne personâ— the fourth concerneth the auncient controuersie betweene the Vncle and the sonne of the elder brother But we will endeâ—our to shewe that in all and throughout all they haue but a weake foundation Concerning the first they aleadge that the said Lorde King of Nauarre is not borne in lawfull matrimony of Anthony of Bourbon eldest sonne of the house of Bourbon because Ladie Iane of Albret mother to
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
behaued our selues toward them we shall surely find that we haue left no more to doe but either to destroy our selues and perish all togither whereby the one shall not scorne the other either els to let them liue among vs one with an other in peace and libertie of conscience and neuer be so desirous to driue them into heauen with the edge of the Sword But will you haue me tell you the trueth your pompe your pride your ambition and the ignorance of yours is cause of al this mischiefe Notwithstanding you see the the Church on a flame who is there among you I will except some small number that endeuoureth to amend his life and to distribute y â— Church goods in such sort as he ought See wee not still the Kinges Courtes the Townes and Country full of superfluitie of our Bishops and other Clergie men such a number of Abbots called Commendatories who are of no professed order of Religion but doe neuerthelesse deuour the reuenues that belong to the poore so many beneficed persons with diuers Bishoprickes Abbayes Priories and Cures some in title others in commendam of the which they neuer see so much as one vnlesse it were to the ende to farme the same foorth You may see their Churches fall in decay and the Priestes whoÌ„ themselues haue annoynted begge their foode the rest of the poore dye for hunger at their gates And in one word to say all these Maisters haue no money to doe their dueties w tall no not so much as to procure preaching which themselues can not doe or for performing the deuine seruice either to instruct the youth For euery one doth sufficiently know that the late King Charles the nineth whom God pardon and King Henry the third now raigning visiting and comming to those Townes wherein the principal Vniuersities of their Realme are planted did ordeine that the Clergie of certaine Dioceses should contribute some small portion toward the salaries of the Doctors and RegeÌ„ts of the same yet was it neuer possible for these poore people who are the seedes of iustice and vertue to reape any one penny Our Maisters haue nowe money enough to helpe to maintaine warre against the King vnder an imaginary and false preteÌ„ce of defending the Catholicke Religion You deceiue your selues if you hope to conuert others before ye make cleane your selues no neuer looke for it for it will still be obiected vnto you that you can see a mote in other mens eyes but cannot take away the whole blocke that blindeth your selues Why follow you not the example of Moses who when he beheld and sawe Gods people offende the deuine Maiestie with Idolatrie did not take the sworde to put them to death but began to crye O Lorde this people haue sinned forgiue them or els blot mee out of thy booke which thou hast written Let vs liue well let vs reforme our selues and let vs not be so careful for the wealth of the world We haue so long cryed out against those of the pretended Religion concerning this poynt that now they can say of vs The Doctor is to blame who reproaueth other for the fault that himself hath Yea they will saye worse for still they stand vpon the defensiue you are the assailants They haue euermore acknowledged the Kings Maiestie for their soueraigne Lord and neuer contemned the Princes of his bloud as the King himselfe in his Edicts hath not sticked to confesse but you endeuour to enstale Straungers against the estate and dignitie of his Maiestie who both before he was King and since hath prodigally ventred his life and hazarded his Crowne for the glutting of your desires and putting of your ouer rude counsailes in executioÌ„ What reason therefore haue you now to match your selues with the meere enemies to the peace of the Church enemies to your Common-wealth enemies to your King and the Princes of his bloud I saye to your most Christian and Catholicke King one that feareth God and one who hath peraduenture done more then he ought for the getting by armes that contention which you do wish for I am moued so to say because in trueth I beleeue and experience hath taught vs that the more we stirre vp this euill the more it encreaseth wherefore herein the best counsaile that wise men haue left vs were to resolue our selues that if this pretended reformed Religion bee not by the decree and establishment of Gods worde it will without any warres perish and vanish of it self as haue done so many former heresies but contrariwise if it be according to the wil of the holy Ghost we may crye out at our pleasures but it will fulfill his worke 10 But my Maisters if you be not led by malice are you so blinde as to thinke that the authors of this conspiracie which they terme a holy League bee ledde by any zeale of Catholicke Religion If that were their drift wherefore haue not they also called into the same such Lords Princes of the bloud as stil continuing Catholickes and liuing according to the Romish Church were neuer so much as suspected to bee of the pretended reformed Religion We know very well that the Lord Cardinal of Bourbon whose yeres they haue seduced and whom vnder a vaine hope of smoke they make to weare the knife wherewith to embrue his hands in his owne bloud hauing wrested from him the fayrest and most of his Benefices whereof by their suggestion hee hath depriued his owne Nenewes before he altogether became vnnaturall when they bounde him to this peeuishnesse offering vnto him their fayned League to signe requested that his Neuewes the Lordes Cardinall of Vandosme Prince of Conty and Earle of Soissons might bee included in y â— same wherto these our Maisters could not intend Whereof doe they suspect the Lord Duke of MontpeÌ„sier and the Lord Prince of DoÌ„bes his sonne both being most Catholicke Princes onely that they bee of the house of Bourbon which they seeke to roote out and so doe make accoumpt to transferre the Crowne into their owne handes trying themselues onely vpon the sayd Lord Cardinall a man worne and of small continuance so contenting themselues to make him the standerd whereby to establish their armes neither would they auctorize the rest amoÌ„g their troupes fearing least they should haue better eyes then the sayd Lorde Cardinall to discouer their wicked entents besides that if it shoulde so fall out that they shoulde come to the drawing of lâ—ttes for the beane in the cake the people would rather haue recourse to these Princes as to the braunches and sprigges of their Kings and those who onely in their degrees and order are capable of the Crowne of France either els least the FreÌ„ch Nobilitie should blush for shame at the preferring of the tirannous dominion of straÌ„gers before their French Princes and lawfull Lordes This is not the first day that the house of Bourbon haue bene subiect to the enuie and malice of these Espaniolized
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
that Religion which with vniforme consent haue so many hundred yeres bene receiued in the Church especially considering that himself could not abide to haue his owne brought into bondage Moreouer with you ye trompets of sedition I doe agrée that then he should be no more able then now that such as would perswade him that the third part of the French are Huguenots are no good Arithmeticians also that for our preseruation in that estate wherein we now liue we neede no more but to set against him our walles I would therefore aske you what cause you should haue to feare that he would endeuour to force you to liue in any other Religion thē the same wherein he find you and your selues doe desire when in so doing he may happen to haue but euill successe and therewithall lose the loue of the whole worlde were not this as much as according to the Prouerbe to goe about to shaue an Egge 16 As also the obiection that they make namely that in the lands of Bearne and low Nauarre where he is soueraigne the Catholick Apostolick Romish Religion is not permitted is in trueth full of subteltie slaunder and enuie for hereunto he doth pertinently in my opinion aunswere that in respect of the land of Bearne it was not he that forbad it neither are his aduersaries able to proue any inhibition thereof in his name or frō him but contrariwise he assureth himselfe that it will appeare that immediatly or soone after the decease of the late Queene of Nauarre his mother his Maiestie by the Lord of Grāmont dispatched his Letters into the country of Bearne importing that his will was to restore and therein to set vp againe the exercize of the sayd Religion Vpon which commandement the States being assembled they denyed to put the same in executiō fearing such troubles and seditions as might ensue the people beeing haughtie mutinous and difficult enough to bee contented together with such small store of Catholickes in the sayde Countrey to prosecute the execution thereof if need should require What would you then haue him to doe more He did not the harme but wēt about to cure it there was none that desired to take his medicine What more can the Phisition doe to his Patient but prepare him the potion which may bee to his health and for want of the which if he lose himself is he not rather to blame his owne obstinacie then him that could not make him take his appointmēt For since that time the Estates beeing diuers tymes assembled in the sayde Countrey did nener require his Maiestie to restore the sayd Catholick Romish Religion which alwaies hee offered to doe and still so long as he liue wil if they doe require it As for lowe Nauarre the exercize of Catholicke Religion is there most free yea which is more throughout that Countrey there is no assembly of the pretended reformed Religiō but onely in two places as is most euidently knowne neither hath his Maiestie innouated any thing at his cōming throughout the sayd lands of Bearne or Nauarre But what is it meete for these feares and friuolous doubtes of a matter that neuer can come to passe to destroye this poore Realme with immortall warres and so make vs miserable before the tyme crye out before we be touched and to hasten and aduaunce the sorowes of our pretended mischiefes will you begin to crucifie and tye vs to a Caucasus for our whole life tyme or will you force vs here to begin our hell Is not the King thankes bee to God yong enough in good health and of sufficient dispositiō to see the raking both of the King of Nauarre and of the rest of the Princes of his age why thē should we mistrust the grace of God 17 As for the Protestation that the sayde Lord King of Nauarre made the yere 1584. in a Synode by the Ministers of his Religiō holden in the Towne of Montauban wherby he protested and declared that he would liue and dye therein and defend the same I wot not well why wee are so slye as for that cause to blame him or bee more vehement against him then before as in deede a number of persons too much ouerruled with vnreasonable passions haue misliked it and haue thervpon gathered some sinister iudgement of the affection of the sayd Lord King of Nauarre to the Catholickes whome most hartely I beseech with me to consider First that his protestation imported not the rooting of vs out neither together with vs the Religion of the Romish Church as the League doth him and his partakers so that his protestation is simply defensiue and could not therefore be more gentle for the which wee are rather to commend then to reproue him sith our selues are bound daily to make the like profession in the Catholicke Apostolicke Romish Church also that euery faithfull Christian is likewise bound by the Sacrament of Baptisme to make the like declaration especially Kings and Princes who ought to be mirors spectakles to their subiects yea the confession of their faith should serue for a publick example in the assemblies made for the Estate of the Church such as are y e Counsailes Sinodes and other like wherein it hath euermore bene noted that Emperours Kings and Princes thereat assistant did make profession of their faithes with protestation to defend the same Hereof wee haue for testimonie Constantine the Great in the Counsaile of Nice Theodose the Yonger in the Counsaile of Ephesus Martian in the Counsaile of Calcedon Iustinian the first in the Counsaile of Constantinople Charlemaigne in the Counsaile of Francfort with infinite other Christian and Catholicke Princes Sith therefore the King of Nauarre hath bene brought vp in that Religion which he holdeth and that the King by his Edicts permitteth the free exercize thereof throughout his Realme why should wee mislike that hee assisting at an assembly thereof protesteth to liue and dye in the defence of the same especially seing that it is no let but that when by a lawfull Counsaile either generall or nationall which the King and his Counsaile shall thincke most sufficient for that purpose we shall haue perswaded him not to bee caried awaye without reason hee may immediatly returne and protest that hee hath bene misled and that hee weareth not the sworde but for the defence of the Romish Church as now hee voweth the vpholding of his owne Moreouer I would that such as are offended at the sayd Protestation should know that the occasion that moued the sayd Lorde King of Nauarre to bee present at the sayd assembly at Montauban was not small neither of small importance to the reputation of him and his Estate for it is not vnknowne to all that his enemies had raised a speech aswell among al forraine Nations and throughout Europe as also perticulerly in this Realme that the sayde Lorde King of Nauarre had put from about his person the Ministers of his Religion that hee went to Masse to be
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
prouoked vnder pretence of the sayd interdiction did him some displeasure Howbeit so soone as hee seemed willing to mend his maners toward the English natioÌ„ they fell at his feete and expulsed Lewes of Fraunce whom they had subrogated in his place so soone as the sayd Iohn was dead admitted his sonne Henry King Henry the eight of the same Ile was very faithfully obeyed by his subiects after that Pope Paule the third had excommunicated interdicted aggrauated and reaggrauated the curse against him wherby some were somewhat shaken froÌ„ his obedieÌ„ce Suâ—noo King of Denmarke about the yeere of our Lord 850. was iustly excoÌ„municated by y â— Bishop of Roscholech for becomming an Apostata and procuring to slay sundry of the Princes of his blood in the Church founded in the name of the holy Trinitie in the same Towne of Rhoscholech the entry into which Church this Bishop forbad him together with the communioÌ„ of the faithfull but he did not neuerthelesse depriue him of his Crowne neither did his subiects refuse him their faithfull seruice although Canutus and Wademarus two of his chiefest fauorites and priuy Counsailors who sought to share the Realme with Suercherus King of Sueden did thereto suborne them Brigerus King of Sueden who raigned about the yere 1300. was one of the most wicked and cruell Kings that could be especially against the Church and Churchmen but chiefly against Nicholas Archbishop of Vpsale whom together with the rest of his Bishops he committed to prison wherevpon they excommunicated him and Turgillus Canutus his Lieutenant general and author of his behauiours neuerthelesse the people though therby stirred vp against their King and hauing greater opportunitie to rebel and shake of the yoke of his obedience vnder the conduct of Wademarus and Henry his brothers who sought no better occasion to put out their brother would neuer hearken to theÌ„ neither hinder or become cruell to their naturall Lord so as the two brothers were forced to employe their other friendes for the executing of their inteÌ„ts against Brigerus whom when they had taken prisoner they were neuerthelesse compelled to force al the townes neither found they any one that would yeeld to them so greatly did the Subiectes of the Realme accoumpt themselues bound to the seruice of their King whom they knew to be wicked excommunicate and an euill liuer besides a prisoner and captiue in the power of his brethren whom in the ende they forced to set him at libertie to submit themselues to his obedience Of such force is the bond of good people to their King whatsoeuer he be In Poland Bolesâ—aus a Prince of most wicked life a commoÌ„ adulterer an enemie to the Church and Cleargie after Stanisâ—aus Bishop of Cracouy had often admonished him to amend was by him at length excommunicated whereat the King being offended did put the sayd Bishop to death for which cause Pope Gregory the seuenth did confirme and aggrauate the sayd excommunication with a generall interdiction against the Realme about the yeere 1079. yet did he still raigne by the consent and with the obedience of the Polonians ouer whom he ruled a whole yere and more vntill in his iourney to Ladislaus King of Hungary hee flewe himselfe peraduenture through the iust iudgement of God The Emperour Sigismund and his faction could neuer winne the Bohemians from the due affection that they ought to his brother Winceslaus their naturall King though vicious wicked filthy for the which offences through the practises of the said Sigismund he was often emprisoned and excommunicated by the Bishops of that couÌ„trey yea by the Electors deposed from the Empire so as in the ende he dyed in Boheme still taking the place order and qualitie Royall through the goodwill of his Subiects who deemed that the same could not perticulerly conteyne any dispensation to discharge the subiects therof of the oath and faith that to him they ought as also they may not be discharged froÌ„ his bondage but onely by death or his owne liberall cession which he would make to an other as did Albert King of Sueden about the yeere 1388. beeing prisoner to Margaret Queene of Denmark and Norway to whom he yeelded whatsoeuer his right to the Crowne of Gothland and Sueden whereby the States of the countrey sware their faith and homage to the sayde Margaret and after they had secretly enquired of their King sundry times solemnly desired him to shew them his mind or els to discharge them of the duetie wherein they stood bound to him although vndoubtedly the Suedens had great cause to seeke his mishap for all Histories doe agree that neuer Prince committed so many outrages and wrought so many iniuries to his subiects as had this Albert. It therefore remaineth that by the lawe of Nations the inuiolable keeping of the obligation that the subiectes doe owe to their naturall Prince and not to depart therefro at the appetite or sentence of others haue euen among the most barbarous people bene euermore obserued so as wee ought in respect of the bonde that wee owe him say of the King and his bloud as of Matrimonie whom God hath ioyned together let no man put a sunder 22 But let vs more perticulerly learne whether the sentence of excommunication were lawfully vppon reasonable cause and exemplary occasion pronounced against a King and done by the iudgements of many Popes of Roome within these fiue hundred yeeres against such Kings and Emperours to whoÌ„ they haue borne bad minds Although I thinke it not meete to ground any lawe vpon the examples of these men in troth full fraught with ambition more then humaine affection but it is requisite to examine this question by the rules of Gods lawe and politicke reason established for the preseruation of the societie of mankinde Herein therefore I say y t the sentence of excoÌ„municatioÌ„ denouÌ„ced against a King how iust soeuer the cause bee and conteyneth dispensation for the oath and duetie that the subiects do owe vnto him this licence and tolleration vnto the people graunted is repugnant to the lawe of God and all mans reason For sith the subiects are by Gods commandement bound to obeye their Princes whatsoeuer without any further enquirie of their consciences and behauiours they cannot by any tradition or permission of man either generall or perticuler be dispensed with because no man can enterprize vpon Gods ordenances and euery dispensation so graunted is voyde as beeing repugnant to the deuine prouidence As Pope Leo and Vrban haue very wisely confessed Especially sith this dispensation cannot bee put in execution without great sclaunder and shedding of bloud by reason of such warres and quarels as will be raysed through the rebellion of the Subiects against their Prince their Kings resistance not onely in respect of his conscience but also for his Estate and the defence of his Crowne In such necessities therefore Pope Gelasius teacheth vs that we are especially
their owne and if they may to seaze vpon this Crowne which they haue leueled at euer since the decease of the late Henry the second without employing themselues in any other affaires then seeking the meanes to atteyne thereto yea euen partly they giue out that it were better to conquer the Realme of France then to goe to Hierusalem to seeke for the succession of Godfrey of Buillon I doe therefore most humbly beseech the Queene the Kings mother whom our Espaniolized Frenchmen doe call vpon for their succour to be ware of being deceiued in the faire pretences of these conspirators but to assure her selfe that notwithstanding whatsoeuer their flattering sweete tongue they will neuer bee satisfied but with the life and Scepter of her sonne her selfe Moreouer I beseech God to graunt the King the wisedome of SalomoÌ„ wheÌ„ his mother Bethsabe came to desire him to like of the mariage of Adonias with Abisag the Sunamite who had bene King Dauids Concubine in his latter daies vnder the pretence whereof he had vndertaken with the helpe of Abiathar the Priest Ioab and Semei to haue depriued the King of life and kingdome which this fountaine of wisedome speedely perceiuing after he had heard the petition of the Queene his mother in liew of graunting it and considering how this traytor vnder a false proposition had abused her commaunded to put him to death together with Ioab and Semei and depriued Abiathar of his Priestly office and function 28 Know we not the occasions of Dauid the Aduocates one of the wickedest men that euer liued iourney to the Pope and Court of Rome whose instructions these good Schollers doe from point to point ensue and those men that haue sene the same can tell whether their beginning and the course that still they take be not at large therein conteyned Who is he that perceiueth not the importaÌ„ce of the disputation holden at Sorbonne about three or foure yere since by a poore bachelâ—r draweÌ„ in who had dedicated his Theses to the Abbot of Cluny the late Card. of Lorrains Bastard Wherein hee did what in hym laye to prooue that it was lawfull for the people to depose driue out kill and murder tyrannous wicked euill liuing and Hereticall Kinges whereat the King beeing moued as at a most daungerous and detestable proposition this poore instrument of Satan was at the barre of the sayde Colledge of Sorbonne slaine by one who of late dayes haue withdrawen hym selfe loaden with Spanish Pistolets and Iewels and then cloked this goodly deede least the author of this so vnchristian learning and knowledge should by his mouth haue bene disclosed Might not we haue noted what seruants were procured to be placed abont Monsier the Kings brother and to what end amoÌ„g whom the forwardest had bene trayned vp in the Schole of these perturbers of our peace as being their creature witnesse that nowe he is with them and then vsed all his endeuour to plonge that yong Prince in all voluptuousnesse lechery and heate of youth yea hee did better his businesse for hee betrayed him to the King of Spaine sould the Spaniard to the States and the Huguenotes to all others Whereby hee made money of all with the price of the honor reputation and life of his Maiestie or rather of all France The like did also three or foure other bad parsons who all had bene brought vp and were giuen to his highnesse by one selfe hand to the ende to habandon hym for a praye to the first mischaunce that might happen among a greate number that night and day they deuised for the atteining to their entents yea they went so farre as to set him at debate with the King his brother and by meanes of some of theirs that were neere to either of them to cause nature and bloud to liue in mistrust of it selfe so to procure the ruine and losse of one or the other or of both togither and with them of this miserable Realme During which their sleightes they did neuerthelesse perticulerly thinck vpon the king whom when they found to be merueylous zealous in Catholike religion they began to practise some Spanish workemen to drawe vnto him and vnder the vaile of Religion to bewitch him and so wholy endeuoured themselues if they could to haue cast him headlong into some mishap as great as the same wherein they ê“longed poore King Sebastian of Portugall who by such meanes serued for a warme breakefast to the Spanish King and got hym a faire corner of lande through the subtelties of the Spanish Iesuites concurring with the Portingal Iesuites or peraduenture both coÌ„spired against the estate of that poore yong King so to cause hym desperatly to venture hym selfe whether he dyed with him the Scepter of Portugall which vndoubtedly God had long vsed to the great benefite blesse of all Christiandome These were the driftes of the good seruants of our Kings who thanked bee God was more circumspect and wary to put from about him such wicked spirites Certainly it is most necessary and expedient for a King to be Christian deuout zealous of Catholicke faith and to feare God but withall it is most daungerous for his person and Estate if hee become supersticious and an hypocrite First he thereby loseth all iudgement to discerne the enuious friends or enemies to his Scepter then he forgetteth the principall cause for the which he is a King which is the care and gouernement of his people for the exercize whereof onely he is bound chosen and bound to serue God in that ministerie lastly in the world that we liue in amoÌ„g the most corrupt soules that euer were the whole worlde doth mistrust and wonderfully suspect him whom they see make so great a shewe whether for enuy that euery one beareth to his more then common zeale either els for that in trueth it often falleth out that things of greatest apparance conteyne least trueth Now then these malicious persons haue but one onely subtile entent left which also it is meete for the people to knowe For yet they goe reasonably gently about their matters and doe giue out that they require onely abolition of the Edicts of pacification and to procure the exercize of one onely Religion in France to the ende vnder that pretence to embarke the King and almost to force him as aforetyme fearing least the ouer long peace of this Realme should close vp the passed vlcers they had done to breake off that amitie and good wil which it pleased him to shewe to the King of Nauarre and those of the pretended reformed Religion so that by such meanes they will cause him with the sworde that he should holde in one of his hands to cut off the other wherof must ensue the losse and sworne death of the sayde Lorde King of Nauarre against whose person perticulerly as beeing their principall mark they are determined to arme themselues After whose end also if the King of whom they shall then
stand no longer in neede will not in the meane tyme dye either through melancholy or choller so speedely quit them his roume they knowe in their Italian League Articifers enough to sende him into Abrahams bosome whereby they shall for so many good and commendable seruices done to our France bee thought more worthy to be crowned then now notwithstanding at this present they cause ouer loude to bee song their pretended merites by all the Spanish pentioners and feede Spyes in the Court at whose mouthes they set out their woundes receiued in the wasting of this Crowne after the maner of the auncient Romaines who exhibited themselues naked to the people in beggiug the Suffrages of dignities and offices Thus when through their wisedome they shal haue killed the King and the King of Nauarre who are y ◠two thornes that trouble their feete for the one they will procure the singing of a Deprofundis and for the other Te Deum laudamus whereby together with an absolution sealed in leade in the Cource of Roome they shall bee whiter then Swannes For of the rest of the Princes of the bloud they make no accoumpt neither doe thincke them subiect sufficient to put thē in any chafe about the rooting of them out so greate is the furie of Sathan in these daies This is the whole story which those that loue them are forced to confesse Neuerthelesse it seemeth that we sleepe our our mishap or ratherthat we make hast to this fire euen with our backe burdens of woode to kindle it in stead of water to quench it withall 29 Hereafter I pray you what dignitie or Maiestie may restraine from vice those that are so cruell to their King as to take armes against his person against the peace of his estate whose subiects they are and against the establishment of his Realme Neither Equitie Iustice Custome Lawes respect of land loue of their fellowe Citizens or reuerence to the Magistrate can permit those men that contemne the soueraign authoritie of the Maiestie royall and such as without respect to Iustice or publick honestie doe shew them selues more cruell and barbarous in procuring vnder pretence of reformation and zeale to Catholicke Religion the engendring in France of an immortall warre the mother of all impietie wrong reuenge ruine deformation and vtter subuertion of most mightie Kingdomes and florishing Empires to blush for shame What eminencie is the Church to looke for among the execrable blasphemies and infinite sacriledges that will be committed in the warres What power what authoritie what light may wee attend of Iustice when she is snared mastered become prisoner and ouerruled by the weapons of the most vicious and corrupt persons of this Realme What honour what degree what respect may the Nobilitie hope for beeing in perpetuall hazarde to loose life children wealth peace and free cōmandement ouer their vassals and subiects What ease what profite or what encrease may the ouertoyled laborer the venterous Marchant the quiet Burgesse or any other whosoeuer in this poore Realm buyld vpon Euery one must prouide for famine pestilence fire bloud and spoyle to be briefe for all the scourges that spring of the disorder barbarousnesse ambition and insatiable desire of those who if they maye finde assistance among the French will neuer lay downe weapons but either by an establishment of a perfect tyrannie proceeding out of their affections more grieuous and inspportable to those that shall remaine then warre it selfe or els by the selfe ruine and vtter extirpation of their wretched followers together with most of the good men that shal haue withstoode them Let vs not O Frenchmen perswade our selues that this mischiefe will be a matter of three or fower moneths onely For if it be Religion for the which they seme to bring you into the fielde your selues doe knowe that our Kinges haue not spared life state meanes or friendes for the remedying thereof within these fiue and twentie yeeres which notwithstanding what effect haue so many murders such plentie of battailes and such store of bloud spilt wrought Weene you that these who so long haue found meanes to defend themselues cannot withstand you but must so easely yeeld vnto you See you not the straunger that looke vppon you and doe prepare to hasten our destruction if we bee so foolish as to beate our selues The authors of this cōspiracie being now alone are no strōger then when they fought so sharply vnder the authoritie of King Charles the 9. and the King now raigning and were vpholden by the same meanes that now they assure them selues of out of Spayne Italy and other places You know they were chiefe of their Maiesties Counsaile Leaders of their Armyes or rather authors of all passed mischiefes enterteyning the King in that will and opinion wherein he then was namely that weapons were y e instruments to appease Gods wrath and to reunite vs in one onely Religion vntill his Maiestie vpon better aduice confessed the fruites and effects of the contrary and by the exāples of his neighbours did very wisely cōsider that the disease of Religion is so rooted in mans mynd that he were farre better to tollerate it sith we all agree in one belief and Creede of the Apostles then to hazarde his whole Estate by weening to heale vp a wounde which God willing maye by daylie conuersation bee suppled for vndoubtedly some diseases are of such a nature that it is more expedient for the Patient to beare the griefe thereof then for his cure to vse ouer daungerous and doubtfull remedies whose tryall is more sharpe and intollerable thē the disease it selfe With which counsaile truely royall fatherly and worthy a Christian and peaceable Prince these zelators of their own wealth rather then of Christianitie being offended doe now euidently shewe their bad mindes and do buyld their pretēces vpon the diuersitie of Religions vpon the oppressions of the people vpon the deformations of Iustice and vpon the distribution of Dignities notwithstanding all men knowe that in respect of the last they are better prouided and haue greater cause to praise the parting then to complaine of that honor that the King hath done them As for the rest themselues are the onely cause of all mischiefe engendred by ciuill warres which euer since the resolution vpon their forecast thei haue nourished in this Estate because it is certaine that peace is the mother of pietie establishment of Iustice and the true spring of mans ease Neither can we denie the good holy and commendable affection wherwith our most Christian and peaceable Prince set hand to the worke so long as it pleased God to let vs enioy peace whether in the example that he set vs in his Religion desire that hee shewed in reformation of Iustice or in the ease that so much as he might he procured to his good subiects What is there more to doe then fellowe countrymen but againe to sheath vp our weapons and deuoutly to pray to God to
doe now sufficiently lay open the trueth when vnder pretence of withstanding the King of Nauarre and hindering him from so much as the very shadowe of any vayne hope of succession they dare presently take armes against our Kings Maiestie and shake his Estate so to make themselues Lordes vnder the couerture of a sacke dipped in a fewe Imaginary rights as perniciously as lightly inuented For good men will euer confesse that it is not propter Iesum that now they runne to armes but rather for the satisfying of their insatiable ambition whereof how bad soeuer the intent be yet will the effects be more detestable except God take pittie vpon vs and the people with the Kings good seruants doe open their eyes to see clerely into this matter and to acknowledge it to be the catastrophe or last act of that Tragedie which these wicked people haue long played in this Realm vnder the shadow of zeale to Catholick ReligioÌ„ with the cloke whereof they goe about to shroude the most foolish in an irreconciliable diuorce from the King their soueraigne Lord and the naturall French Princes and perticulerly against the sayde Lorde King of Nauarre the neerest in bloud to his Maiestie whose destruction lieth them more vpon then all the rest 2 In his respect I will onely say that the crime of Treazon whereof falsly they accuse him ought not to be iudged by the sole occasion sayth Modestin for the reuerence of the Princes Maiestie but for the trueth Plinie writing in commendation of Traian sayth The crime of treazon was wont to bee singuler and almost peculier to him that could not bee charged of any other matter wherefore Traian abolished the same as one that contented himself with the force of other accusations this Prince holding opinion that sueh Monarkes as were so ieloux of their Maiestie had none at all And for the same cause was this kinde of accusation likewise abolished in the tyme of Claudius Adrian Pertinax Alexander Seuerus and other good Princes who deemed other publick accusations to be sufficient for punishment of euill liuers how farre soeur they should forget themselues Howesoeuer the case standeth coÌ„cerning the King of Nauarre he may yet more boldly speake in the presence and face of his enemies then might Cruentius Cordus beeing vnder Tyberius accused for saying that Cassius was the last Romaine when he shewed the Senat that they would punish him for his wordes because his deedes were irreprehensible For this Prince thankes be to God neuer offended his King in worde nor deede neither can his sclaunderers either generally or perticulerly taxe him of any action nere to rebellion or disobedience yea the whole pretence that these trouble some persons do take of his Religion is suppressed beaten downe by their owne ordinary and publick confession by the Princes Edicts and declarations and by infinite other writinges approâ—ued in all the Courts of Parliament of this Realme And in deede the whole rebellion fellonie wherwith they may charge him is that he would not suffer the knife to cut his throate but did quietly withdrawe himselfe out of the prease when he see that his enemies would force him to beare infinite iniuries vnworthy his greatnesse Otherwise who can say that euer he refused the duetie faith obedience and subiection which hee is bound to yeeld to the King his soueraigne Lord much lesse then that he hath coÌ„spired against his person that he hath sought to make himselfe King or enterprized any thing preiudiciall to the aduauncement and peace of the French Commonwealth Shewed hee euer any token of desire to bee named his Maiesties heire or successor Hath he chaunged his garment or augmented his Estate for his approach to the King through the euill hap and misfortune of this Realme growne vpon the losse of the late Mounsier the Kings onely brother Hath he called together his friends or craued the counsaile of Atturneyes to learne whether himselfe bee now the neerest of the bloud Royall Who can shew that euer he vsed any confederacies which iustly he might haue made as King of Nauarre and soueraigne Lord of Bearne or did euer employ any other then to the seruice of the King and wealth of this Crowne who will bee so malicious vnnaturall and sencelesse as to impute to fellonie y e withdrawing and cherishing of his fellowe Citizens the professors of the same Religion wherein hee was borne bred and brought vp euen from his cradle when he found them in like misfortune as himselfe and oppressed with the force of their aduersaries who vnder the cloake of the Kings authoritie haue often endeuoured to roote them out either the withstanding of the stripes and fortefying of himselfe for the safegarde of his life Sith so soone as it hath pleased his Maiestie to stretch forth his arme to them and to offer them such conditions of peace as himself liked of with libertie of conscience he hath not onely together with them vnarmed himselfe and yeelded his Houldes into the handes and power of his Maiestie and fallen downe at his feete but which is more haue returned their whole power together against those that haue come to his and their succour witnesse the siege of Newhauen and haue disunited themselues from all confederaties and Leagues which in respect thereof they were entered into with straungers and all this to the ende to submit them selues to the Kings good will who hath liked thereof and so confessed in all his Edictes of Pacification with other the perticuler good deedes and fauours which the sayde King of Nauarre confesseth to haue receiued of the hand and good will of his Maiestie who hath freely and liberally for the wealth of his Estate permitted to those of the sayd Religion the free exercize thereof notwithstanding the coÌ„spired enemies to this Crowne and to the Princes of the bloud haue often gone about to bring into suspition the actions not onely of the sayd Lord King of Nauarre but also of all other the Princes of Bourbon who onely of the Royall famelie doe remaine Besides I assure my selfe if any man would endeuour as it were necessary and meete by effectual reazoÌ„s debated in a lawful assembly of Gods Church to enforme the sayde Lorde King of Nauarre that hetherto hee hath bene deceiued and that his bringing vp in his Religion hath bene very bad hee is not obstinate but easely may be reduced and brought to submit himselfe to sentence giuen by force of Gods worde In the meane tyme we cannot blame him whoÌ„ his mother hath noursed brought vp in a certaine Religion publickly permitted by his Maiesties Edicts and ordenances for standing firme in the same and desiring to continue in that which he beleueth to belong to his saluation O Frenchmen is it meete the Kings Edicts should stand the wicked in stead of a bayt to roote out with the sword or guile more then barbarous to destroye the hearts liues of the Princes whoÌ„ God hath graunted
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
the Tyrants tormentors of their consciences and abusers of the honors that they haue receiued of our Kings and the Princes of the bloud of the house of France Let them marke the miserable ende of Absalon and Achitophel his counsaylor against the Maiestie of Dauid of Adonias Athalia and infinite others who with their conspiraties haue dyed in confusioÌ„ and miserie Oh noble Frenchmen will you abide in the world I will not say to looke vppon but which is more to hasten and aduance the cursed drift of the translation of the scepter of the Flowerdeluce out of the hands of your King and the Princes of his house to whom only you doe owe your condition your welth and your very life not in courtesie and honestie onely but by Gods expresse coÌ„mandement who hath therewith burdened your consciences Wil you more then villanously forgoe that great commendation which all nations in the world haue so greatly commeÌ„ded and honored in you for being more faithfull and ielous of the hononr and seruice of your Kings and Princes of their bloud then any nation that euer was vpon the face of the earth Will you stand as instruments and offer the ladder to those y â— wrongfully would make them selues Kinges and cause you to commit the most abhominable fellonie that euer was conspired Doe you not plainly see that those who doe sollicite you are not able to vphoulde you as hauing no other meanes then such as your enemies minister vnto theÌ„ to whom both you and they shall serue for pasture the next day after Is it not most certaine that they cannot pretend sith God hath giuen vs a King I will speake without sâ—atterie as wanting the honor to bee knowne of his Maiestie of whom the least of them can not saye the pertinent occasion of his discontentment but yet when GOD shall haue wrought his wil vpon him are ye not certain who ought to be his successor Liue you not vnder a Christian Monarchy that hath lawes established for that purpose Would you liue to be called corrupters and perturbers of the foundations of the Crowne vnder the which and by the succession whereof your fathers haue obteyned and left vnto you the name honor and title of Nobilitie which ye beare What weene you the curious posteritie may thinke of you when they finde it written that the French Nobilitie tooke Armes against their King to name vnto him a successor and vnder the pretence thereof to depriue him of all authoritie respect honor vnto him due euen by him that should succeede him according to the Salick law who with this declaration should stil be assisted by these firebraÌ„ds of this tyme to the ende to make him withstand and ecclipse the bright sunne of his Maiestie What opinion would you wish Christian Princes to conceiue of your fidelitie when they shall knowe that without regarde of your bond to this Crowne you shall haue assisted the enemies therof against your King and the Lawes of the Realme Would you your King should haue occasion of ielouzy against him whom they pretend to cause to be nominated who also by such as shall haue aduaunced him might bee perswaded to lift his hornes ouer high and so to become a censor ouer his Lorde To be briefe I tell you the world could neuer beare two SuÌ„nes What greater recoÌ„pence may ye hope for of straungers that you knowe not then of your naturall Princes whoÌ„ God by his holy wil hath established ouer you Is it not felicitie enough for you to bee borne men to bee made Christians to haue bene brought vp Frenchmen See ye not well enough that the Lord Cardinall of Bourbon is but the vizard and pretence to runne into armes for the glutting of their ambition there is great zeale and likelihood in their deedes wheÌ„ they would name a successor aboue 60. yeeres olde broken and crooked to succeede a young King healthie lustie moderate in his exercizes and maner of dyet yea and all this contrary to Iustice and the lawes not onely of this Realme but also of all other the best ordered Estates that euer were whereby together with infinite reasons I haue shewed you that it is the King of Nauarre to whom the same should apperteyne Shall I with Cicero speaking of Cesar and Pompey tell you all They here offer vnto vs y e Image of the Lord Cardinall of Bourbon but would set vp their owne They will with that good man arme them selues and become more Kings then he whoÌ„ they make shew to loue more then any other and yet doe they loue themselues better euen to the preiudice of your honor life memorie and reputation if ye take not heede so that God will vndoubtedly suffer them to be swallowed vp when they haue bene the occasions of infinite murders robberies and spoyles For the letting whereof as also of all other mishap or destruction that wee attende of such ciuill warres as vnder this contention are brewed let vs withdrawe our selues to God and most humbly beseech him to order our hearts in one consent according to his holy will to the ende according thereunto wee may acknowledge and embrace our King who is the same to whom next after God we owe al and after the diuine power ought to bee vnto vs aboue all Let vs also weete that next vnto him we are bound to haue respect vnto him whom it hath pleased God to cause to be borne into the world to gouerne vs in the Royall dignitie whensoeuer it should please him to call away our king without issue capable of y e Crowne and together with him whom for vs he hath elected and blessed in his mothers wombe let vs with one heart and minde crye peace peace bee among vs glory to the Lorde on high and peace and good will vnto men Amen FINIS Sigisbert in his Chron. Sigisb fol. 233. Idem fol. 595. Idem fol. 596. Idem fol. 597. Idem fol. 599. Idem fol. 601. Sigis. in his Chron. Heman in his contraction of Chron. Idem Sigis. fol. 611. Idem fol. 612. Idem fol. eodem Munster Cosmog Sanso in his Chron. Vign in the orig of the French leg Salic lib. p. ca. 26 Paul Aem. in Philip. Vales Concil vol. 2. cap. 4. fol. 739. I. vel agnatis ff de relig l. ius sepulchri C. cod Ign. in disput an rex Franc. recog snper Mol. in coÌ„s paris tit p. ff 8. Bald. in ff vnic de feud March Ioh. de Teran in lib. coÌ„t reb reg Tract p art p. coÌ„cil 9. 10. 11. 12. Guil. de Month. in tract de suc reg Franc. l. 9. ff desp l. 32. parag si quis spon sam ff de don int vir l. 66. ff de iur dot l. 65. ff de don int vir l. 30. ff quand die leg ccd â— 10. ff de cond de monst l. 13. parag si minor ff ad leg iul de adult l. 4. ff de rit nupt l. 17. 18 ff de