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A01152 A declaration concerning the needfulnesse of peace to be made in Fraunce and the means for the making of the same: exhibited to the most Christian king, Henrie the second of that name, King of Fraunce and Polande, vpon two edictes, put forth by his Maiestie, the one the tenth of September, the other the thirtenth of October. Anno. 1574. Translated out of Frenche by G. H. Esquire.; Remonstrance au roy ... sur le faict des deux edicts ... touchant la necessité de paix & moyens de la faire. English Gentillet, Innocent, ca. 1535-ca. 1595.; Harte, George. 1575 (1575) STC 11266; ESTC S112648 61,519 168

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was al one as if they them selues had made them When the Emperour Iustinian collected the ciuill lawes into certayne volumes which he called Code è digeste generally vsed at this day he cōmitted the doing thereof to Tribonian Theophile Dorothe and other notable lawyers for him selfe vnderstoode nothing thereof as witnesse the Historiographers that saye he coulde not reade so is it very certaine that hee neuer vnderstoode the thousande part of these matters contayned in the saide Code è digeste Yet were those bookes neuerthelesse by hym aucthorised in his allowing of that whiche his commissioners by his commaundement did And it was neuer fayde that those Romane people had done any derogation to their souereigntie in their authorising of those ten persons to the composing of those twelue tables nor that the Emperour Iustinian nor youre predecessours did any whit derogate their soueraigne authoritie by deputing commissioners to make lawes and ordinaunces that passed vnder their princes names and commaundementes who as it appeareth alowed of what their deputies so by their commissions had done Wherefore me thinkes the saying may be holden for voyde that youre maiestie may not make an Edict of peace by commissioners withoute any derogation to youre royall authoritie or soueraigntie No more shall be any thing againste the same youre giuing to the Gospellers the nomination of the sayde number of persons whereout your maiestie to choose the moytie for the ioyning with the like number by your selfe to be named and chosen as legates or deputies for the bringing to passe of thys good worke Your predecessors haue giuen the nomination to two or three persons of their courtes of Parliaments whom they would to choose for them meete men to supplye the offices of Presidentships counsellours roomes that were void in the said courtes as they haue also done to Maiors Consuls Shireses and other like officers of Townes for the choosing of vnder Baylifes vnder stewardes other like petie officers yet hath it neuer the more bin said that your saide predecessors in graunting the saide nominations to theyr subiects haue taken ought from their authoritie royall which lieth asmuche in creatyng of magistrates as in making of lawes as any man of iudgemente maye both see and vnderstand The Pope whiche saieth hymselfe to haue full power ouer the giftes of benefices leaueth the nomination of the incumbent not to two or three but to one not to princes but to perticular persons whiche commonly in benefiers haue the right of nomination and the presenting of such persons to the same as to thē semeth good without reseruatiō to the said Pope of any election but only the institution and if by suffering of the same he thought any whit to derogate the soueraigne power and authoritie whiche he hath ouer the said benefites he woulde not I warrant you permit any such nomination So may it playnely be seene to youre maiestie that your authoritie royall shall no whit bee deminished by the graunting of your good fauour to the gospellers in the sayd nomination Withall is to be considered that it were a thing vnreasonable with youre fauour that all the sayd Commissioners shoulde be Catholiques for by the ordināce of the kings your predecessours by all the fourme of iustice here and else where and by the lawes deuine naturall and ciuil it is lawfull for the partie to accuse his iudge suspect be it in matter criminal or ciuil And a iudge may be holden for suspect not only if he be of kinred alied or Gossip a friende to the partie adurrse but also if he be enemie to the partie that refuseth him or if hee or any of hys kinne haue any interest little or much in the cause yea if he haue at any time shewed hym selfe more affectionate on the one syde than on the other as he may also in diuers other lesse causes of refusall And who is he that seeth not that there is neuer a Catholique in Fraunce against whome these poore gospellers cannot alledge not one but many and sundry causes of recusation And if it be thought tollerable to holde a iudge for suspect and vpō that suspition to refuse him in matters of mean weyght ought he not then to be refused whē he shal haue to deale with conscience honor landes goodes wiues children and life And it ought not to seeme straunge that I said it should be meere that the said peace by the said commissioners were entreated of without the Realme for there be many reasons that require the same Fyrst for that it is better as sayeth Master Philip de Comines a man wel experimented in the affaires of an estate it shoulde be done farre off than meere and that for diuers considerations namely for the keepyng close of that whyche shall from tyme to time be agreed vpon till all be concluded and finished For as in a paynted table he that veweth the first draught shall finde in the same little or nothyng to hys contentment yet after the whole work beeing perfited doth please him very well Euen ●o if during the time of the treatie and before the conclusion of all thynges therein to be argued some peece thereof agreed vppon shoulde bee published many were lyke ynough to gaynesay and controll that peace that vpon the sight or bearing of the hole resolution woulde fynde good cause of contentment bycause that he which is not satisfyed in one poynte may be satisfyed in another And as the Doctors of the lawe say it standeth not with good reason that any should iudge of a lawe or of an Edict without hauing redde the same from the one ende to the other And as it were a thing very hard to decide or deale with any thyng within the Realme that should not incontinent be deuulged ▪ so the reprehensions and sclaunders that would follow suche diuulgation might be an infallible cause that nothyng shoulde bee done but that entended good worke broken off and laide aside Besyde that there is no place within youre Realme but is suspected of the one syde or of the other For the Catholiques will not goe to Nismes nor to Rochell and the Gospellers will bee as vnwilling to come at Paris Lions Tholosa or other like place so that for the doing thereof such a place is to be chosen as may be sure and free for al that shall there in haue to doe And therefore it was that in times past when they woulde holde any councill for the examining of any newe doctrine newly come abroade for place where the councell shoulde be holden was chosen within the prouince where suche doctrine was abroade or else in some other such place neere therevnto as was both sure and commodious Therefore was it also that by the ordinaunce of your predecessors no inquest mighte be taken nor any iustice proceede in a place by any of the parties holden suspected as in the house of the kinsman ally or speciall friend to him that caused the inquest to be enpauelled but
bare to their vsuries wherevppon they yet vse this prouerbe when any is noted for a great vsurer He is in vsury a very Iewe. Vpon the whiche occasion also the Italians heeretofore called Lombards whiche with their great vsuries did robbe as still they do the realme of the treasure haue bin chased out of Fraunce In the best townes whereof yea and that in the very harte of the same where diuers streetes and places yet beare the names of Iewries the Iewes shuld now dwell at their ease as well as euer they did were there none other matter to let them than their onely religion whiche though it bee muche contrary to that of the Catholiques was neuer the cause of their chasing out of Fraunce where before their expulsemente they hadde dwelte many hundred yeeres Neyther can it bee denied that the Paynims Religion is cleane contrary to that of the Catholiques and yet haue diue●s Paynim Emperours suffered as many as wold to become Christians vnder them as Nerua Anthonius Pius and Alexander Seuerus Traian also did secretly suffer them likewise to do withoute any search made after them And those Emperours dyd not so in respecte of any good thyng they founde in the Christian Religion the professors whereof they beleeued to be the wickeddest people in the worlde in somuche as among the Paynim people the only name of Christian was detested and abhorred witnesse heereof Suetonius whych called the Christians men of a newe and malitious superstition And Tacitus sayd that the people vsed the name of Christian as a matter of mockery and derision the professours whereof were hated bycause of their wickednesse Wherein Suetonius and Tacitus shewed them selues good courtiers taking pleasure with lying to please the princes and the people Pliny the seconde though hee was a Painim as they were and lyued in their time durst not lye so impudently but of the liues of the Christians to the Emperour Traian rendred a good testimonie as in his Epistles is to bee seene Seeyng then the Painim Emperoures had so euill opinion of the christians wherefore suffered he them to be Christened Euen for the benefyte of peace The Emperours Dioclesian and Maximian did greatly persecute the Christians and that of purpose to roote them out in whyche persecution they did to deathe an infinite number but when they sawe theyr crueltie nothyng to paruayle but that for euery one they kilde ten other encreased Maximian at the last suffered who so woulde to become Christened and to exercise that Religion As much myghte bee sayde of the Christian Emperours which did as well detest the Painims Religion as dyd the Painims that of the Chrystians yet woulde they neuer take vppon them she constraint of their consciences but suffered to continue Painims as many as woulde The Historiographer Marcellinus witnesseth that the Emperoure Valentinian whyche was a Christian vsed not to molest any person for matters of Religion nor euer commaunded that any shoulde worship eyther this or that with one fashion or other Likewise also the Emperours Honorius and Theodosius whyche were Christians woulde not that the Painims should be forced to be Christened but caused an expresse lawe to bee made that none should offende them eyther in their persons or their goods vnder the pretence of Religion If then the Christians haue suffered the Painims Religion and the Painims haue likewise suffered the Religion of the Christians Wherefore to winne peace will not the Catholiques suffer that Religion of the Gospellers Those two religions haue bin seene sir to dwel peaceably togither within your realme of Poland as also in many towns of Almaine and wherefore should they not as well dwell peaceably togyther in Fraunce Are the French men more hard to be tamed more disobediente or more barbarous and fierce than other nations It appeareth cleane contrary For vpon the Edict of Ianuary the Catholiques were not greeued at all to see the Gospellers vse the exercise of their religion though it were somewhat newe vnto them but liued the one with the other togither in good peace wherein also they had till this time continued if the vnhappy execution of Vassi which was the welspring of all our warres and of all the miseries and mischiefes which we haue since that time suffered or yet doe suffer had not happened I will not denie but the warres and acts of hostilitie passed betweene the one the other haue bredde in the hartes of men hautie minds euil dispositiōs which may be som cause that the Catholiques will now more hardly thā in the beginning suffer to come so neere them the exercise of the Religion and the rather for that many esteeme the same Religion to bee the cause of all the sayde miseries and mischiefes whiche they feare would exceede if it shoulde againe be reestablished in Fraunce Wherevnto I answere that the people of any good iudgemēt are not of that opinion as those that well knowe and it is in deede most true that the ambition of some with the desire they haue to commaunde and their greedinesse by the robberie of other to enrich them selues haue bene and are the only causes of our troubles and that there the name of Religion hath bene vsed but as a cloake or a curtaine to couer those pretences For some say they wyll not suffer in Fraunce any other religion thā the Catholike as the most auncient and that hath bene receiued from time out of mynde since the time of great king Clouis and other some say they will folowe the religion refourmed that was not only before Clouis but also before the realme of Fraunce and that they ought not in their consciences to be forced vpon the which controuersie these ciuill warres haue bene builded but the chiefe aduauncers of the cause haue had in their hartes another maner of zeale than of religion as men of iudgement haue well perceyued the common people which iudge all things rashly for that they esteeme religion to be the cause of our warres and calamities stande in feare that it taking place the olde woundes woulde breake out and bleede againe This vulgar opinion is not much to be passed on bycause it always readily rangeth to the strongest parte But for myne owne part I beleeue that the best part of nobilitie of the commonaltie yea of the cleargie for the obtayning of peace would easily consent that the Gospel should freely be stablished in Fraunce till such time as God to whome onely the clearing of mans heart by the light of his truth appertayneth myght knit vs all in one kynde of religion whiche we are to hope that he who is the father of knowledge and discouerer of all things will doe after men shall awhyle haue reposed them from the ciuill warres and cast quite off th●… stoutnesse and hatred whiche nowe blindeth their iudgementes There is at this present no order bycause each to the side be standeth on sticketh fast each 〈◊〉 saith to him selfe my