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
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
an example to all other to the ende no straunger doe presume to violate and taint the Maiestie of the Realme of France 12 To all the premisses to the discourse of the duetie and respect that subiects owe in our cace to their Kings and Princes the disturbers of the peace lawes of this Realme doe aunswer perticulerly against the King of Nauarre y ◠he shal neuer be King of France before he bee after the auncient maner obserued as they weene euer since Clouis the first Christian King consecrated annoynted and crowned and that nature onely cannot make him King without the ordinary Ceremonies obserued at the comming in of a new Prince And so cōsequently they dare inferre that notwithstanding al our former discourse be true yet can it not bee applyed to the sayd Lord King of Nauarre to whom the French men cannot be boūd without his annointing and coronation which the Catholickes will neuer permit vnlesse he abiure the pretended reformed Religion Also that in cace they shoulde withstande him yet should they not thereby withstand their King but a pretender to the Realm But in trueth herein lyeth the difficultie of the matter wherwith they seeke to deceiue the ignoraunt For this they must know that in Realmes successiue as is ours the King liueth perpetually and leaueth the Realme to his neerest by vertue of the law successiue By reason whereof he is true and perfect Lord before he bee crowned neither doth his coronation serue but for a declaratiō and publication of the honor of the marke of his calling which was obteyned to him before both by nature and by the lawe of succession which needeth no further declaration of the successor in that it is not simply hereditarie to the deceased but custumary and legitimate at the very instant of the former Kings decease which seazeth not the natural successor of the Lordship and royall power onely but also of the possession and effectuall enioying of the same Wherevpon all our Interpretors doe maintaine that in feudall causes and matters the successor is in a maner seazed in his predecessors life tyme vnder whom he is halfe possessioner without any further inuestiture especially in our France where it is obserued without contradiction For that concerning the Realme the coronation ensuing is but the habite and royall ensigne and therefore al good men will graunt that the King is annoynted and crowned because he is King but contrariwise that he is not king because he is crowned for so theeues and Tyrants beeing the stronger might become lawfull Kings and with ouer much facilitie alter the cause of their possession through that ceremonie So was the Emperour of the Romaines lawfull after he had beene elected and saluted in testimonie and for a proofe of which election only he set a Crowne vpon his head a Scepter of Iuorie in his hand and beeing apparelled in a Purple robe did alwaies walke forth with fower and twentie Huissiers euery one bearing a Torch and an Axe It was was moreouer a custome to carie fire before the Emperour after the auncient maner of the Kings of Persia who went to Pasargades that the Priestes might there consecrate them in a Temple dedicated to one of the Goddesses of warres where the Prince putting of his own Robes did put on the same that the auncient Cirus vsed to weare before he was King he also did eate of a Cake made with Figges and Turpentine and drancke a potion made of Vineger and Milke The auncient Kings of Greece in liewe of a Diadem were wont to cary a Speare or a Staffe which the Grecians termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Romaines sent to him to whom they gaue the royal dignitie a Crowne of Golde a Cuppe and an Iuorie staffe and afterward added the seate or chaire fashioned like a Chariot Afterwarde when Christianitie was planted in the hearts of the people hauing proceeded to the election of the Emperour and being agreed of his person the maner was to cause him to sweare yea sometymes by his handwriting to subscribe that he would stay himselfe vpon the doctrine confirmed by the Catholick Church and the oecumenical Counsailes of the same and that he should not raise any trouble in the Church of God after which protestation the Patriarke of Constantinople in the peoples sight set a Crowne vpō his head girt a sword about him presented him a Scepter and put a gold Ring vpon his finger The tokens of the Germaine Emperours are by the decree of Charles the Great a Scepter a Sword a Speare a Cloake a Chaine a Crowne a Crosse like a Spheare a Buckler an Eagle with 2. heads a purple Ensigne all which are deliuered to him by the Archbishoppes of Cologne Mentz and Treues Like as the Archbishop of Toledo doth the office at the coronation of the King of Spayne the Archbishop of Canterbury at the King of Englands the Archbishop of Mentz at the Bohemians the Archbishop of Strigon at the Hūgarians the Archbishop of Guesne at the Polonians the Archbishop of Vpsale at the Danes the Archbishop of Tours at the auncient Kings of Armorica which we cal Brittaine the Bishop of Pampelune at the King of Nauarres euen as in our France it is the Archbishop of Rheimes that crowneth and annoynteth our King although sometymes it is done in other places As we reade of S. Lewes who was sacred at Soissons others at Orleance whom before the tyme of Christianitie they vsed to proclaime by lifting thē vp and shewing them vpon a buckler But it hath since beene thought more expedient to minister these ceremonies in the assembly of the Church there to call God to witnesse of that faith which the subiects vowed to their Prince and of that duetie wherein the King bound himselfe to his Estate to the ende also that afterward the people might knowe that from a priuat and perticuler man that he was wont to be he was now promoted to the Empire to the end to commaund Thus did Atatolius first deale with the Emperor Leo the first in the yere of Iesus Christ 461. and Euphemius with the Emperour Anastaze in the yeere 494. of whom hee exacted a perticuler promesse in writing because both before and at the tyme that he was proclaimed Emperour he had bene and still was an Eutichean hereticke whose errors had bene condemned by the decrees of the Counsaile of Chalcedō holden in the presence of the Emperor Martian in the yeere of Iesus Christ 455. Of later daies immediatly vpon the decease of Iustinian the first they added that the Patriark of Constantinople should after the example and imitation of the Kings of Iuda consecrate annoynt and crowne the Emperours with a Crowne of Golde in the assembly of the Church which was first obserued in the Emperour Iustin the second and afterward by Pope Leo the 3. translated into the West to the behalfe of Charles the Great before whom or
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
can haue no cause to loue the same A man hauing two wiues the one loued the other hated that thei haue both brought him sonnes aswel the loued as the hated the sonne of the hated bee the first borne when the tyme commeth that he will deuide his inheritance he shall not make the sonne of the beloued his eldest to the preiudice of the sonne of the hated who is the first borne but hee shall acknowledge the sonne of the hated for his eldest and he shall giue him two partes of whatsoeuer he hath for the same was the beginning of his strength vnto whom the right of promogeniture belongeth saith the text so that the nerest of the bloud is creditor yea he is moreouer I say factus dominus by the decease of his predecessor by the decease of his predecessor holdeth nothing of him but whatsoeuer hee hath hee holdeth by the vertue and authoritie of the lawe of France Thus doe Ih. Andrew Balde Panorme Iason Wil. Benedict and all other Writers expressely speake of our Realme so as who so would take any other course and maiore vi corrupt nature it would be a blemish to his consciēce and soule and thereof he should aunswere before God besides that whatsoeuer hee should take in hand should be voyde and of no effect but subiect to restitution by publicke iustice to the preiudice of his reputation All men doe knowe what small loue was betweene Charles the eight and Lewes Duke of Orleance when hee was called to the Crowne and bare the name of Lewes the 12. also the stoute minde of Charles to haue put his will in executiō against the other if he could haue found any argument or pretence to put him backe which notwithstanding matters were then ordered according to the rule of the law of France Now the King sheweth sufficient demonstration by that good will and care whereby he hath honored y e King of Nauarre so farre as to accompt him for his Brother in lawe that he both loueth and cherisheth him and also will take him into his protection so farre is this good Prince from going about to blemish his memorie with such a deede as the perturbers of the Peace af this Realme doe perswade themselues 19 Sith therefore the people and subiects to this Crowne may not put to their handes neither dispence vppon whatsoeuer occasion with the oath that they owe to their naturall Princes moreouer that the King can take no other order then the foundation and lawe of the Realme will beare let vs see whether it apperteyneth to the Pope of Roome as head of the Church to meddle therein I knowe that the Pope worshippers beeing more passionate then the true Catholicks do so thinck and beleeue Augustin of Ancona a Doctor of Sorbonne hath not forgotten it in his booke that he sent to Pope Iohn the 22. wherein he excepteth not so much as y e Realm of Frāce as also doe not Iames of Terrano Chamberlaine to Vrban the sixt in his treatize of the Papall Monarchie wherin they do maintaine that vnto him belongeth all power both Spirituall and Temporall as being head of the Church euen aboue the generall Counsailes which saith Pope Pascall are not to commaund him And in the explication of the decretall of the sayd Pascal the Canon Doctors doe vphold that it lyeth in the Popes power to reuoke y e decree of a Counsaile ouer the which he hath all authoritie according to the conclusion of all the adherents to the holy Sea of Rome which opinion was neuerthelesse as hereticall condemned in the general Counsailes of Constance and Basil in the presence of Iohn the 23. and Eugenius the 4 then Popes according to which Counsailes the auncient Bishoppes of Rome did protest to denounce vnto the Church whatsoeuer them selues could not remedie And as for Temporall iurisdiction ouer al Emperours Kings and Monarcks of the earth they haue made lesse difficultie yea they haue dared to saye that the Emperour who is Lord of the world both did and ought to yeeld his oath of fidelitte vnto them And faine would they make vs beleeue that they tooke this principle of Sainct Clement the third Bishop of Rome who protesteth say they that he learned it of Sainct Peter They also perswade them selues that Pope Zachary deposed the King of France the last of the Merouingian race although in trueeh it was but his aduice or counsaile giuen to the Nobilitie of y e land as W. Occham very wel saith in his treatize of the power of the Church About a hundred and fiftie yeeres after Boniface the seauenth endeuoured by Sacriledge and other bad hehauiours publickly to vsurpe this Tyrannie which Pope Gregorie the seuenth otherwise named Hildebrand durst openly maintaine and withall put it in practise against the Emperour Henry the fourth to whom he opposed Rodolph Duke of Sweue groūding his proposition not vpon y e fable of Constantines donation neither vpon the liberalities of Pepin Carlemaign or Lewes the Méek Kings of France but vpon God himself and Sainct Peeter saying that of them he had receiued the two swords the Spirituall and the Temporall In an other place vsing these wordes Pasce oues meas for the deposing of the Emperour He said also that he bare Claues regni Coelorum to vsurpe authoritie and enterprize against all the Kings in the world by which his great cunning hee became King of most part of Italie notwithstanding the Emperour Henry gaue him 62. Battailes therein excéeding the great Marcellus that was termed the sword of the Romaines and the inuincible Cesar of whom the one fought two and thirtie pitcht fieldes the other two and fiftie The like did Pascall the second and Calixt the second against Henry the fifth Sonne to the aforenamed vpon the same reasons as did also Adrian the fourth and Alexander the third who set his feete vpon the necke of the Emperour Frederick Barberousse Neither was Innocent the third more modest in the behalf of Philip sonne to the said Frederick against whom hee stirred vp Ottho sonne to the Duke of Saxony who after was Emperour by the name of Ottho the fourth after that with most arrogant proud and commandatory speeches grounded vpon these words Tues Petrus super hanc petram aedificabo Ecclesiam meam adding thereto the saying of almightie God to Ieremy Ecce constituit◠super gentes regna so comparing himselfe to the Sunne and the Emperors and Kings to the Moone he had pronounced sentence of excommunicatiō and depriuation of his Empire against him So great also was the mallice of the sayd Innocent against the Emperour Phillip that to spite him he disanulled the election of Luipoldus to y t Archbishoprik of Mentz wherein sayth the Abbot of Vspergue he did most vniustly Gregorie the 9. as saith Sabellicus and the sayde Abbot depriued Fredericke the second of his Landes and Realmes for
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
theÌ„ due together with that which was assessed vpon the heads of euery of his Apostles euermore referring the reward of his grace reuenge of trespasses against him committed vnto the kingdome of heauen enioining his Apostles to doe the like and to imitate his example as they haue done The Apostle Sainct Paule sayd Let no man that fighteth in the Lordes warfare trouble himselfe with the matters of this life Againe The minister of the Lorde ought to be louing to all men meet to teach paciently bearing with the wicked with modestie reprouing such as withstaÌ„d the trueth Briefly in one word to say all there be two kinds of Iurisdictions the one earthly coÌ„mitted into the hands of Kings and Princes to whome euery one of whatsoeuer degree or calling Spirituall or Temporall Priestes Bishops or high Priestes ought to obey as it is written Let euery soule bee subiect to the superiour powers vpon which place Chrisostome sayth the Apostle vsed this word euery to shew that there is no creature that may be exempt whether he be saith he Apostle Prophete Euangelist Priest Monk or other whosoeuer We also finde that in the Primetiue Church before pride Ambition tooke roote in the Bisshops hartes that the Popes of Rome neuer made any question thereof Wee haue also amoug vs a request exhibited by Boniface the first to Honorius Emperour of the West wherein hee beseecheth him to decree that afterwarde the Bishops and Popes of Rome might not bee chosen by fauour or any other vnlawfull meane whereto the same most Catholike Prince maketh an aunswere worthie such a request In the time of Odoacer King of the Herules who began to raigne at Rome in the yeere 471. and ruled full 14. yeres after hee had put to death Orestes and his Sonne Augustulus the last Emperour of the West vntill Charlemagne there were goodly decrees published and receiued in the Church by the Clergie vntill such tyme as Theodoricke the Wisigot whome Zeno the Emperour of the Eeast sent into Italy had ouerthrowen hym Pelagius the first made confession of his faith and sware in the hands of Ruffin the Embassadour of of Childebert King of France Pope Leo the fourth sware and protested that he would and did intend to obserue the Lawes which the Emperour Lothair the first sonne to Lewes the Meek and Neuew to Charlemagne made at Rome in the presence of Pope Eugenius the second whereof some are inserted into the Booke of Digestes the inscription whereof do import that the Emperour made them ante ianuas beati petri ad limina in atrio which was the place where the Christian Emperours were wont to make and publish their Edicts if we maye beleeue Cassiodore and others The said Emperour also created certaine Magistrates in the Towne to exercize the imperiall Iurisdiction The same Leo doth sufficiently declare what respect the high Priests of Rome did in those daies beare to the Emperours when he sued to the same Lothaire and his sonne Lewes the second to conferre the Church of Rheatine or Tusculum to one Colonus a Deacon assuring their Maiesties of his sufficiency and promising in the name of the sayde Colonus that he should praye to God for them This was the same Leo that pleaded his cause and purged himselfe of the treazon whereof hee was accused before the Emperour Lewes the seconde sonne to the sayd Lothaire as appeareth in the decree of Gratian. The like declaration did Pope Iohn the eight make to the same Emperour Lewes the second sonne to Lothaire By the decretall Epistle of Honorius the third who liued about the yeere 1216. it appeareth that as yet the remembraunce of the Emperours lawes was not vtterly abolished out of the Catholick Church and that the Priestes and high Priestes had not as yet wholy shaken of the yoke of y â— same no not in those that they terme Spirituall causes as if any question were moued of an oath in law for the decision of proces in which cace he reneweth the auncient edict of Martian and IustiniaÌ„ the first To coÌ„clude for the stopping of the mouthes of those that doe maintaine that the Pope Bishops or other of the Cleargie may establish any earthly Kingdome apart which shal not bee subiect to the Emperours and Kings of this world but rather such a one as may at pleasure commaunde and supplant the same let them dilligently search throughout the whole Scripture what authoritie the Kings and Princes of Israel had ouâ—r the Priestes and Cleargie in Gods lawe which since the tyme of grace is not deminished and there shall they euidently finde their great authoritie ouer them notwithstanding it was neuer lawfull for the Kings to execute the office of the Priestes for vndoubtedly the ministerie is one thing and the orders discipline of the Cleargie is an other and meerely temporall The other head of Iurisdiction is in heaueÌ„ which we are to looke for at the iudgement of GOD and yet not to perswade our selues that the lawe of Iesus Christ is lame or vnperfect because in it it conteineth not any punishment or earthly reuenge of trespasses against euill liuers considering that the same beeing heauenly and spirituall it will yeeld reward or punishment in the euerlasting world so that as sayd Alexander Seuerus of periury Whosoeuer offendeth against God hath God a sufficient reuenger our good God hath referred to himselfe all the punishment to the end the sinner may haue meanes to acknowledge his offence and repent the same in this world True it is that if y e earthly Magistrate hath in his pollicie taken any order for such causes then is it his office to reuenge the iniurie done to his edicts and decrees for so as saith Isidore The Kingdome of God encreaseth through the meanes of earthly Realmes to the ende such as be of the body of the Church if they offende or blaspheme may be punished by the rigor of Princes and so that discipline whereto the Church can not binde them may neuerthelesse bee preserued through the authoritie of Monarchies The like wherof haue bene vsed against heretickes by all Christian Princes especially in our France by an infinite number of lawes both olde and newe of our most Christian Kings And in troth if the Bishops or Priestes should take notice of the punishmeÌ„t of hereticks it would breede confusion of Iurisdictions and offices aswell might the Goldsmith be iudge of the golde that himselfe had wrought The Phisition of his owne cure to bee briefe euery one should pleade and decide his owne cause contrary to al reasonable order The example also of the Apostle Sainct Paule whome the Iewes accused of heresie doth sufficiently teach vs when by himself it appeareth that he was brought before Festus the Emperours Lieutenant vnto whom the accused did confesse that y â— notice of his cause did apperteine and therefore required
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
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
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
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
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