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
cursed and detestable pretence are like to bee kindled will seaze vpon al degrees haue beene to mee as a spurre to hasten my penne to aunswere these damnable writings fearing least the people should suffer themselues to be won thereby so might withstaÌ„d y â— truth equitie if euer occasioÌ„ to debate thereof were ministred or that these preteÌ„ders should propouÌ„d or bring this coÌ„trouersie in questioÌ„ I doe therefore most humbly desire the French Catholike Reader laying a way al passions to cal to mind first the bond commaundement wherein by God he is bound to the King and the Princes of his bloud according to the order and natural succession by the Lawes of this Crowne Secondly the loue of his Countrey considering wee all are men all Christians all Frenchmen and al louers of our selues that if we should stoope vnder the yoke of these tyraÌ„ts that would bring vs into subiection and abuze vs with lyes falshoodes and forged titles they would afterward beare vs the like minde and their faith as tainted corrupt as by corruption faâ—â—ehood and vntrueth they had abused our simplicitie and suborned withdrawne vs from the obedience of our true and natural Lords For in asmuch as they are deriders riders and contemners of God in whose name they haue dared to begin and endeuoured that the most abhominable fellony that euer was might be made manifest to all it can not be that wee should looke for any other thing of theÌ„ but that hope that they haue conceiued to entreate and handle vs after the Turkish manner with a more detestable daungerous inquisitioÌ„ then that which now raigneth vnder the Spanish tyrannie Let therefore euery person diligently aud faithfully employ himselfe to serue our King and the Princes of his bloud whose cause we ought eueÌ„ with the price and venture of our liues to vphold to the end the state of this Realme being assured at the least our childreÌ„ may liue peaceably vnder the obedieÌ„ce of their naturall Lords who by that meanes shall haue the greater occasion to cherrish and entreate them well as they haue done vs remembring that with the grace of God by our fidelitie loyaltie they haue bene preserued in that greatnesse and dignitie wherein the diuine goodnes hath suffered them to bee borne in this Realme to the glorie of the King of Kings to whom only it be and remaine euerlastingly So be it FINIS The names of the chiefe Authors cyted in this Apologie ABbot of Vspergue Ado of Vienne Aegn Agathius Aimoinus AlexaÌ„der the Martir S. Ambrose Anges Antonius Appian Aristotle Auentinus Augustin de Ancona S. Augustin Baldus Bale Benno Blondus Capitolinu Cassiodore Charles Molins Chron. of Chronikles Chrisostome Collenutius Counsailes Cromer Decrees Decretals Demosthenes Dyon Dionis of Haliâ—ar Doctors ciuil and Canonistes Edmond Boulay Euripides Eusebius Floart Fulgentius Gaguin Garib Geof of Viterb Geof Ardoyn Goth. Iornandes Gratian. Grego of Tours S. Gregory Guichardine Guil. Occham Guil. de Monte. Heman Herodote S. Hierome Hillary Hostiensis Iames de Terano Iohn Andrew Ignatius Illustrations of Gaule Innocent 3. Pope Io. Magnus Iohn of Terrano Irineus Isidore Iustin. Iuuenall Lawyers Ciuill and Cannon Maister of Sentences Marianus Siculus Martinus Polonus Massaeus Matthieu Zampin Molinaeus Munster Nicephorâ—â— Niceâ—â— Vignier Nicol. Aegidius Nicol. de Vbald Oldrad Onuphrius Optatus Milcuitanus Osorius Otho of Erisingen Paulus Diaconus Paul Emile Pausanias Platine Plin. Jun. Plutarque Polid. Virg. Procope Regino Renatus Chopinus Richard of Wassenbourg Robert Cenalis Rozieres Salicke law Sanctiones Pontif. Iuris Orient Sansouin Sigisbert Socrates Sosomenes Strabo Suetonius Tacite Tertullian Tiraquell Tite Liue. Tritemius Turpin Valere the great Vgo Gemblac Vigneus Vincent Historial Witichiâ—dus Xiphilinus ⧠THE CONTENTS OF THE first part of this Booke 1. The causes of the troubles of this Realme 2. The Genealogie of the Lords of Lorrain by Edmond Boulay 3. The true discent of the house of Lorrain from the Counties of Louayn 4. The Salick Lawe taketh not place in the Duchy of Lorrain 5. An Inhibition not to dispute of succession during the kings life decreed by the Counsails 6. The Realme of France is successiue not hereditary 7. The nerest male in blood by agnatioÌ„ succedeth in whatsoeuer degree 8. Realmes successiue are more perfect then electiue 9. Sainct Lewes the common stocke of the house of Fraunce Bourbon 10. Robert S. Lewes yonger Sonne His mariage with the heyr of Bourbon The cause of the name of Bourbon in that family the erection thereof into a Dutchy The Countie Dauphin of Auuergne in the house of Bourbon 11. The Alliance of the house of Sauoy Bourbon 12. The cause of discoÌ„tentmeÌ„t of Charles of Bourbon Baronage of Mercure issued out of the house of Bourbon The erectioÌ„ of the Dutchy of Montpensier 13. The CouÌ„ties of Vendosme Castres The principalitie of Conde others in the house of Bourbon 14. The first Alliance of the houses of Bourbon and Nauarre Iames of Bourbon King of Naples The erection of the Dutchy of Nemours 15 The alliance of the house of Boulogne and Bourbon 16 The erection of the Dutchy and Pairry of Vendosme Antoinet of Bourbon wife to the L. of Guise A Catholicke Apologie against the Libels Declarations Aduices and Consulatations made writen and published by those of the League perturbers of the quiet estate of the Realme of France who are risen since the decease of the late Monsier the Kings onely brother By E. D. L. I. C. 1 IF wisely we do consider the ambitioÌ„ of some that are borne nourished and brought vp in the greatest honors wealth and fauours of this Realme we shall as it were with our fingers touch and euideÌ„tly perceiue that they resemble y e same which the auncients doe write concerning Vipers who doe eate out the entrailes of her that giueth them life and doe malitiously endeuour by such ciuill wars as they haue kindeled in this Estate within these 25. yeres to become as occasion may serue masters aud vsurpers thereof by such sleights wresting the true French from that bond and duetifull good will that they ought to beare to their naturall Princes For it is most certain and vnfallible that as the course of the Water mainteineth the Riuer so the continuance of ciuill warres yeeldeth the bad mindes of the people immortall yet are wee neuerthelesse so blinded vndiscreet and vnconstant as neuer to haue had iudgement to knowe our disease since the time we were first afflicted with the condition of such as can not bee satisfied with the Dominion of the whole world and who voluntarily doe hazard whatsoeuer their owne assured as welth quiet and life to make themselues Lords of that which they can conceaue no hope of without merueilous effusion of blood and vtter ruine of their Countrey Whereunto vndoubtedly it seemeth that time through the diuersitie of religion among vs hath inuited them as also in that they see a number of our
briefe that to the ende by the death of the late Mounsier the Duke to insinuate himselfe further in his Maiesties fauour and to bee neerer vnto him he had determined to alâ—er his Religion Which was a subtile â—llicie both to bring him into suspition with his owne partakers and into contempt among the Catholickes so as by that meanes both parts might haue forsaken and despised him and so he might become a pray to their fayned League as a man light vnconstant and of small stedfastnesse which is one of the chiefest things that euery ChristiaÌ„ Prince ought to abhorre especially in causes of ReligioÌ„ which we may not lightly chaÌ„ge neither without great notice of the cause and the discourse thereof publickly argued in the Church of God but especially in our awne consciences Wherefore good men neither ought ne caÌ„ mislike that the sayd Lord King of Nauarre doth protest to liue and dye in his Religion permitted vnder the Kings authoritie by his Maiesties Edicts published euen by y e decree of the States of the Realm neither are wee to terme him an hereticke or obstinate person vntill wee haue lawfully by a free vniuersall or nationall Counsaile whether shall seeme most expedient condemned that opinion which he holdeth Will ye likewise that I shewe you what mistrust the Catholickes may conceiue of his goodnesse and singuler clemencie Then would I pray the most passionate to consider and looke vpon his famelie They shall finde the same to consist for the most part of Catholicke Officers But of what sorte Euen such as are neerest about his person who haue him in their haÌ„ds vpon their honors and consciences to whom he committeth himselfe and vpon whom of himself he doth depend as vpon his keepers Maisters of his Guardrobe Stewardes and many others who before his face with his liking and contentation being in his trayne do ordinarely go to the Masse assist at the deuine Seruice ministred after the maner of the Catholick Romish Church To be brief euen with this qualitie he acknowledgeth theÌ„ for his good faithfull and loyall seruants This could they not assure themselues of neither yet serue him with good hearts beeing such men of honor as they are if in his behauiours they could perceiue any mistrust which is the nource of hatred and mallice against the professors of their Religion or if they could finde which were easie to doe that he did euill entreate or forbid them to serue God after their maner and so sought to bee the tormentor of their consciences To conclude al these coÌ„siderations alledged against the King of Nauarre which are neither true neither of any outwarde apparence cannot in y e coÌ„sciences of good men truely FreÌ„ch debarre him from beeing sufficient and capable of the Crowne of France yea further I say that the same notwithstanding he is your true and lawfull King to whome onely you are bound to obeye in cace during his life the sayde occasion of substitution should fall out which God forbid and which also neither he ne wee ought or should desire if either wee were Christians either els did beare any iot of hartie good will or affection to our King 18 To proceede let vs see whether a king houlding the Scepter or raigning ouer any estate especially ouer ours may appoint and nominate any other successor then him whom nature and the Lawe of the Realme haue giuen him This question I do not moue without cause for in trueth the perturbers of the peace of this Crowne and such as iniustly do pretend to set thereinto a foote haue made a League which they entitle Holy but al good med doe truely name Bloody with the Pope the Spanierd and the Sauoyan the conspired enemies to France and the Royall blood thereof through whose helpe they hope to leauy an Army wherwith to come into the hart of the Realme onely say they simply to sommon the most Christian King to name a successor at their deuotions Oh what an execrable mischiefe to seeke to force vs to enfringe the successiue lawe of this Realme whereof we haue so many worldes enioyed the blessed good hap What impudency those that haue not almost whereof to liue in their owne houses to goe about to preuent and ouerthrowe the order and Estate of so great an Empire This is a wonderfull bouldnesse to endeuour to compell so mightie a Monarcke as the French King and their owne lorde being yong healthy and such a one as it if please God hee may graunt him the blessing of the posteritie of Abraham to choose him a man to be his Heir But the French men doe assure them selues that they haue a King that is of better bringing vp then so one that is valeant feareth God and is ielous of his honour yea such a-one as would not for the getting of the whole worlde make such a breache in his conscience reputation vertue and memory that our Children should haue cause atro carbone illum notare saying that he had so farre hated himselfe and his owne blood as to haue corrupted the Lawes whereby after his predecessors he doth raigne euen since the originall of the Monarchie and to haue transferred the Crowne out of his owne famely for the satisfying of the rashnesse of those who finding them selues in Armes might hasten his time to the end to cause him the sooner to leaue them his roume For what dareth not Ambition and desire to Raigne vndertake Moreouer I doe most humbly beseech his Maiestie to pardon me though I boldly shew him that it is a thing that hee may not doe Also that the Lawe of the Realme whereby him selfe is King forbiddeth hym to meddle therewith because the same taken order therin vnto whom it is commendable in the Maiestie of a Monarke to acknowledge him selfe bounden And thus was it iudged declared and put in execution by the Parliament of the Peeres of France for Charles the seauenth against the treaty which king Charles the sixt in the yere 1420. made in y e towne of Troye in Champagne at the Mariage of his daughter Lady Katherin vnto King Henrie the fifth of Englande which imported the graunt and minde of the sayd King Charles the sixt to be that the sayd King of England or his issue male comming of the sayd mariage shonld be called to y e Crowne of France the said Charles the seueuth be thereof debarred and disinherited for euer This is not now say our Maisters the first time that it hath bene and perpetually shall be obserued by y e Salick law of this florishing Crowne which the King that houldeth the Scepter cannot alter because he is but a tutor protector collector and administrator thereof salua eius substantia itaque nec donare nec perdere poterit neither otherwise dispose of the proximitie of his bloud then the law of the Realm will beare neither yet transferre it into any other hand then that whereto it apperteineth although hee
the same Testament as we The whole controuersie betweene them and vs consisteth in that that they finding many mens additions and constitutions in the Church and among the simple and pure ordenances of the Gospell doe craue pourging and reformation and in cace of refusall thereof for feare of their soules and desire of saluation haue withdrawn themselues as men content with the simple forme ordeyned in the Primitiue Church wee haue thought that sauing our consciences wee may stay therein attending necessary reformation Either of vs seeke saluation and tend to one ende and by the same meanes are all one and the same woorke of Gods hand all faithfull seruants in the faith in one Baptisme all Grapes of one Vine yea all braunches of one Grape wee must therefore knowe why one should be an Hereticke rather then an other sith wee are all of like faith vse like bookes tend to like end This is it in my iudgement that causeth the King of Nauarre to complaine that wrongfully he is termed an Hereticke before his opinion hath bene condemned in a free holy and determined Counsaile whereat euery one may safely appeare As for the obstinacie to him obiected I would weete for what benefite hee should in this cause bee obstinate what good what aduancement what peace what ease may he therein hope for He hath habandoned the Courte of his Soueraigne Lord the King he hath long through the subtelties and slaunders of his enimies bene out of his fauour which is the mishap that with greatest impatience he hath borne Hee hath bene depriued of most of his houses alwaies in the fielde sometimes badly prouided armed enuironed his life in a thousand daungers where as otherwise he had bene assured at his Maiesties handes of all fauour amitie honor peace and humaine felicitie Any man therefore of iudgement can neuer be perswaded that this Prince whom in other matters we know to be wise and discrete would haue chosen to haue spent the most parte of the flower of his youth in miserie and perpetuall care only vpon a contradictorie and obstinate mind not proceeding other theÌ„ froÌ„ his affection to the honor of God and the saluation of his soule Moreouer besides the infinite abuses of the sayd Counsayle whereby it is vtterly none it is not vnknowne to al men that in France the King of Nauarre is not such a one as by the policie of the Realme ought to bee depriued of the succession of the Crowne when it should fall to him because those of his partie liuing therein vnder the Kings good liking and obedience are not incapable to enter vppon all kinde of goodes and inheritances which to them may apperteyne either naturally or ciuilly according to the lawes commoÌ„ly receiued in this Monarchie by the ordenances of the generall Estates of the same as the subiects thereof doe knowe ordinarely it is adiudged in the soueraigne Courts of France therein ensuing the Edicts made within these twentie yeres vnder Charles the nineth and Henry the third now raigning so as to esteeme the sayde Lorde King of Nauarre to bee in worse estate concerning succession in the Realme then the meanest subiect thereof and to his preiudice to restrayne the publicke and generall lawe were vnder correction besides all reason order or apparance sith the cause both of one and other is all one These bee the effects of the reasons which euery one according to his capacitie may extend whereby the sayd Lord King of Nauarre sayth and vphouldeth that he is no Hereticke First the lawe and decree whereon the enemies ground their slaunder which is the Counsayle of Trent is argued of diuers nullities That we must accoumpt of it as of foreiudgements for the force of law is to be maeinteyned vntill the cause of Nullitie be decided with this exception Quod praeiudicium legis fiat Especially in France where the most Christian King and Soueraigne Courtes did neuer approue the sayde Counsaile as it is most certaine and euident So that although the nullities thereof might bee couered vnder a consequent approbation of the Counsaile yet could not that take place in this Realme which by the testimonie of the Popes themselues is not bound to take law or to accommodate it self to the sentence publication or pleasure of any Prince or Potentate whatsoeuer in the world Let therfore the Spanyard or Sauoian coÌ„pell their subiects to liue according to the decrees therof yet haue not the most Christian King and his Parliaments prescribed it for a lawe to them selues Besides to come more perticulerly thereto the King of Nauerre notwithstanding he bee a Christian King and soueraigne Prince and so acknowledged by his aduersaries especially by the Pope yet was he neuer summoned or heard in the sayde Counsaile so that consequently the decrees and iudgements there passed are not deemed against him to binde him either to force him to the obseruing of the same Againe admit hee had bene heard also that the lawe of the CouÌ„saile of Trent had bene lawfull yet who did euer heare that the sentence of death or other punishment was executed against those that sinned or did transgresse the law contrarie to the order established but y e Magistrate Guardian or Priest thereof had first examined heard or conuinced them at the least called summoned proclaymed theÌ„ to the outlawrie or otherwâ—se after exact obseruing of the solemnities of law Doe ye vse my Maisters to sende euen the ranckest thiefe in the worlde to the gallowes without other forme of lawe Will ye then execute your passions vpon one of the greatest Christian Princes that Heauen hath permitted to bee borne capable of ruling you whensoeuer it shal please God to permit or depriue him of that right which Nature hath giuen him without hearing or summons either vnderstaÌ„ding of his reazons Is the maner to proceede in such causes to come with the sworde drawne and force men to beleue you at whatsoeuer price Wil you be his Iudges that be his enemies and are armed to depriue him of his life and goodes Shall the Pope whose reformation is chiefly in question bee his partie No no Warres and weapons were neuer meanes to atteyne to vnion If one be in the darke meÌ„ vse to light him and not to cut his throte If he be infected he must be washed not drowned If he bee sicke tende him ende him not Who so will reunite the Church must seeke to bring backe those that are out of the way and to call againe such as haue strayed for on the other side warre and rigour tendeth to stay and roote them out not to bring them againe but to make them to be no more at all which in deede is a remedie worse then the disease For so meÌ„ may say we haue but a bad cause in hand when in liew of reason we haue recourse to force But Christians what must ye then do as men capable of reason ye must conuince the King of
auncient or mightie soeuer as beeing aboue 1200. yeeres since vnder one forme and with one kind of lawes it was gouerned vnder the maiestie and authoritie of Kings of whom this last race hath continewed 600. yeres But among the chiefest and most perfect ordinances of this Crowne that is most commendable whereby the realme doth by succession belong by vertue of the Salick law to the next Male of the deceased King discending of the Masculine ligne For in trueth our Kings knowing that those of their owne blood are to succeede them haue the greater cause to keepe housband and preserue the estate and demains of their Realme as their owne and certaine Patrimonie besides that the successors of the Crowne that are nourished and brought vp in this greatnesse doe neuer become tyrants because euen from their mothers wombes they are vsed to command and ordinarily doe become the better more iust valeant hardy and couragious by representing to their owne view the greatnesse commendation and maiestie of their predecessors On the otherside the subiects of the Realme that haue sâ—â—e the birth nourishing and bringing vp of their Princes do the better know their humors and willes and doe more freely obey such as are borne to rule their estate theÌ„ others that are newly elected whom they remember to haue knowen in the like calling as them selues without either preeminence authoritie or gouernment so as there is nothing so perfect as that which neerest doth imitate nature and which seemeth to be altogether immortall aud infinite by Succession from the Father to the Sonne Besides that thereby the Kings subiects howe wealthy or mightie so euer doe conteine themselues in duetie humilitie and obedience to their soueraigne Prince when they remember that so long as any of the royall blood doe suruiue the same be capaple to attaine to that marke and that purposing to attempt any bad matter against the Estate and person of the King there remaine as many reuengers of the iniurie offered to his Maiestie as there be Princes of his bloud Herevpon doe I presume y t in our France wherein this royall succession hath time out of minde bene strictly obserued it was neuer found neither doe we reade that the French men did at any time enterprize or practize aught against the person of their King whether in respect of that naturall affection that alwaies they haue borne him and whereof they beare the bell among all other Nations in Europe or els because God neuer permitted the royall bloud of Fraunce to rest onely in one whereby the presumpteous conspirators might after the trespasse committed escape without punishment This royall succession therefore resting without doubt or coÌ„tradiction in this Realme the subiects thereof doe well knowe euen naturally and presumptiuely who is most likely to become their King so as now to call in question this succession is the only direct way to cause the King y t holdeth the Scepter ouer vs to think and with himselfe to imagine that in his Realme there are some who for the satisfying of their ambitioÌ„ could willingly wish to haue his place and for the same purpose do harken after his ende But sith the bolde impudencie of men is so great that they blush not neither are ashamed to disclose themselues to giue all men to vnderstande of their bad entents besides that necessarily the Commune must bee satisfied who otherwise might sooner beleeue the false then the true before wee proceede any further in aunswering the chiefe poynts of the Lybelles that they scatter abroade to the end to say that after the decease of the most Christian King without issue male it is not the nowe King of Nauarre but his Vnckle the Lord Cardinall of Bourbon that lawfully should be King or the better to expresse their entents that it is neither the one ne the other but that they must proceede to a newe election and nomination of a Prince I will here protest that I neuer desire to see the aduenture of that substitution which they pretende but hartely doe wish to the King my soueraigne Lorde a most long and happie life with as great number of issue capable of this Crowne as there be Starres in the Firmament 9 After which protestation to come to the purpose and succession of the house of FraÌ„ce I will first speake to those y t are not brought vp in the state of this Realme but onely haue learned of their Fathers that the Famely of Bourvon hath the honor to be issued from our Kinges therefore that the Princes thereof may succeede when God shall permit to the Crowne by the Lawe of succession of the realme Turning my selfe then to these commons I say that it is well knowen that King Lawes the ninth canonized and called saint Lewes had two sonnes the elder Phillip the bould of whome are come our Kings yet raigning who also had two sonnes the eldest Phillip the fayer who succeeded him and after him his three sonnes Lewes Phil. the long Charles the fayer the yoÌ„ger Charles County of Valois who begat Phillip of Valois who succeeded in the Realme after his Cousen Charles the fayer After Phillip succeeded his soune Iohn after him Charles the fifth called the wise sonne to Iohn This Charles had two sonnes the eldest Charles the sixth King of Fraunce vnto whome succeeded Charles the seuenth Lewes the eleuenth and Charles the eight his sonne petie sonne and petie Neuew The yonger Lewes Duke of Orleance who by Lady Valentine of Millan had two sonnes Charles the elder father to Lewes the twelfth King of France after his Cousen Charles the eight was deceased without issue and Iohn Earle of Angoulesme who was Father of Charles also Earle of the same lande and Grandfather to king Francis the first who succeeded his cossen Lewes the twelfth of which King Francis came Henrie his second sonne and father to Henry now raigning Hetherto therefore the branch of Phillip the bould eldest Sonne to Saint Lewes neuer failed so must that fable needes be false which the enimies of the house of BourboÌ„ haue sought to root in mens mindes namely that the discontentation of the late King FraÌ„cis the first against Charles of Bourbon that dyed at Rome was for his pretence to the Crowne of France which since haue continued in al the Princes of this house and from whence should be deriued the troubles and Ciuill Warres of this realme during the minoritie of the Kings Francis the second and Charles the ninth brothers to the King nowe raigning A matter vtterly false and falsely inueÌ„ted to the ende more and more to bring into the hatred of the people the Princes of Bourbon who neuer accompted more deerely of any thing or had greater delight in ought then to acknowledge obey and faithfully serue the Maiesties of our Kings as their true and souereigne Lordes hauing the honor so neerely to be to them allyed that they are of the same House and Armes without
retourne to the line of Francis the Elder who maried Lady Mary of Luxembourg daughter to Sir Lewes Constable of France who brought great goods to that Famely in Picardy Artoys Flanders and other places Of these two issued diuers children namely Charles Frances Lewes Antoinet Loyse of Bourbon Charles the Eldest succeded in the Countie of Vendosme and procured it to be erected into a Dutchy and Pairry Francis had the Countie of Saint Paule and maried Lady Adriane of Touteuille daughter and heire of a great famely They had issue a daughter Lewes was a Cardinall Anthoinet was maried to the Lord of Guyze of whoÌ„ is discended the house of Guise now liuing Loise was abbesse of Fronteuault Now the said Charlâ—s the eldest maried Lady Francis of Alencon sister to the deceased sir Charles Duke of Alencon last deceased without children in the yere 1524. of this mariage issued Antonie Francis Charles Lewes Iohn Antony the Eldest and Heire of this family maried Iane of Albret Queene of Nauarre of whom came Henry of Bourbon now king of Nauarre who hath married Margaret of France Sister to the most Christian King Francis was named Lord of Anguien who gat the victory at the iorney of Serizoles died without issue Charles the third is Cardinal of Baurbon and Archbishop of Rouen Lewes was Lord Prince Conde who when he died left fower sonnes Henry Prince of Conde Francis Prince of Contie Charles Cardinall of Vendosme and Charles Countie of Soissons Iohn who after the decease of Francis was entituled Lord of Anguyen died also without Issue There were also some daughters of whom here we haue nothing to say as hauing in this argument to treate onely of the Succession of the house of FraÌ„ce which can not discend but to y â— Males of this famely The onely controuersie therefore and different that might through the Counsaile of the mischiuous be mooued resteth betweene Henry of Bourbon King of Nauarre sonne of Anthony the eldest of that famely and Charles Cardinall of Bourbon and Archbishop of Rouen his vncle by the father The end of the first part ⧠THE CONTENTS OF THE SEcond part of this Booke 1. Obiections moued against the King of Nauarre 2. The mariage betweene Lady Iane of Albret Princesse of Nauarre with the Duke of Cleue dissolued by the Ecclesiastical sentence the Popes dispensation auctorized in Parliament Also the marriage of the sayd Lady with Anthony Duke of Vendosme the eldest of the house of Bourbon from whom is discended the King of Nauarre 3. Marriage is by the Ciuill lawe voyde being contracted before age 4. The holy decrees haue inhibited the blessing of mariage of maidens before twelue yeeres of age of men before foretene the East Church haue proroged the Matrimonie of the man to fifteene and of the woman to thirteene 5. The honestie of Ciuill pollice forbiddeth mariage before age 6. Examples of mariages disanulled by reason of the noneage of the contracted 7 The explication of humaine pollicie wherefore hereticks are vncapable of successions 8. The right of Realmes is houlden immediatly of God by the continuation of the successiue lawes of the same Neither can the Estates depose a King vncapable or otherwise disabled Or the people transferre the right of their Lord vnto the person of any other to whom it ought not to be giuen 9. The office and duetie of the Clergie towarde Kings and Princes King Henry the second protested against the Counsell of Trent 10. Why those of the League would not take the Catholicke Princes of the blood therinto Those of the league haue sought to suborne those of the pretended reformed Religion 11. Kings are Stewardes of the Church goods The Church is in the Commonwealth not repugnant thereto Pollicie Iurisdiction and collation of Ecclesiasticall functions apperteineth to soueraigne Princes The Kings of Fraunce haue euermore preserued the state of the persons and goodes of the Clergie in their Crowne The Clergie were in olde tyme not capable to distribute Church goodes 12. The King neuer dyeth in France because of the successiue law thereof To what ende the Coronation of Kings was instituted The auncient maner of the Coronations of heathen Kings How long it is since anoynting was instituted and wherfore It is not necessary to annoynt or crowne Kings in one only place 13. Antiquitie is no necessary argument to auctorize common custome 14. The Church neuer disturbed the succession of Kings no not for heresie 15. Whether it be likely the K. of Na. wil force the conscience of his subiect 16. The estate of Bearne and Nauarre 17. The cause of the protestatioÌ„ that the King of Nauarre made the last yere at Montauban 18. The King cannot infringe the successiue law of the Realme The successor commeth not to the Crowne in the qualitie of heire to the deceased 19. The Popes reasons whereby he pretendeth aucthoritie to transferre Kingdomes The Popes haue euer exempted France out of their wonderfull power Gods lawe without polliticke confirmation is no sanction vpon earth Priestes haue no imperiall Iurisdiction Bishops and Popes haue acknowledged Kings and Emperors for their Lords The punishment of heretickes is executed by the seculer Magistrate 20. The opening of sundry places of Scripture concerning Ecclesiastical iurisdictioÌ„ Wicked Emperors were neuer deposed The Pope cannot excommunicate any body politick or Towne subiect to the King of France Appeales in cause of abuse from the Pope and other Clergie men obserued in France 21. The Church cannot excommunicate a Prince that is an euill liuer Subiects after the excommunication of their Lorde are not discharged of their dueties toward him 22. The sentence of the excommunication of a Prince cannot conteine any clause of depriuation from his Lordly rights 23. A Prince may lawfully arme himselfe against the Popes wrongful excommunication and appeale therefore as in abuse 24. The K. of Nauarres reason to proue him no Hereticke 25. The vsurpations of the Counsell of Trent ouer the Crowne of France 26. Most dauÌ„gerous drifts of y â— Leagued in the reformation of the Realme 27. The wicked entent of the Leagued Also what enuy they beare to the Duke of Espernon and others 28. The remembrances of Aduocate Dauid now put in execution by the Leagued The Kings duetie in matter of Religion 29. Forraine rule and gouernement is wretched FINIS THE SECOND PART OF the Cath. Apologie 1 SVch as mislike the king of Nauarres cause doe obiect against hym in this libell fonre principall points wherof three doe perticularly touche the qualitie of his owne personâ— the fourth concerneth the auncient controuersie betweene the Vncle and the sonne of the elder brother But we will endeâ—our to shewe that in all and throughout all they haue but a weake foundation Concerning the first they aleadge that the said Lorde King of Nauarre is not borne in lawfull matrimony of Anthony of Bourbon eldest sonne of the house of Bourbon because Ladie Iane of Albret mother to
not long before we doe not finde in any Historie that the Kings of France were euer annointed or consecrated but onely simply crowned as Gregorie of Tours maketh mention in his historie whereby it appeareth that none of our Kings of the first famely did euer obserue this ceremonie The first then that vsed it was Pepin father to Charlemaigne whome Boniface Archbishoppe of Mentz did consecrate annoint and crowne by the commaundement of Pope Zachary of Rome that in my opinion because he was the first of his race who of a priuate and perticuler person was established King against the Merouingiens After his decease Pope Stephen the second did the like to Charles sonne to the sayd Pepin when he was King of France whom also Pope Adrian againe consecrated annoynted and crowned when he was declared King of the Lombards and finally Pope Leo the third did the like to him with the Imperiall Diadem And this ceremonie haue euer since bene obserued by our Kings of France not that thereby they bee Kings but to the ende it may seeme as a testimonie that they are Christians and Catholickes and of priuate persons are become Kings to commaund the people So that in consideration hereof the first French Emperours Lewes the Meeke Lothaire Lewes the second and the rest who being by natural succession Kings were promoted to the Empire did not vse to take the title of Emperor at the day of their consecration or coronation but at such time as their father or former predecessor thought good to nominate them for their successors from which they began to number the yeeres of their Empire nothing respecting the ceremonie or solēnitie of their Coronation as appeareth by many the auncient Charters and documents of their daies Yea the Histories doe note that Charles the Fat yongest sonne to Lewes the Meek was the first that in his yeeres made mention of the day of his Coronation and tooke not vpō him the title of Augustus vntill the 8. Calendes of Ianuary ensuing in the yere 866. on which day Pope Iohn the 8. anointed and crowned him which in subteltie he thought good to note as one that obteyned not the Empire by succession for Lewes the second his neuewe last deceased had not named nor instituted hym his heire much lesse had any chosen him but the histories doe affirme that hee for a great summe of money bought the Imperial dignitie of the Pope because there were other more fitter for it then he that layd clayme thereto as his elder brother Lewes and his children Kings of Germany so that Charles fearing least as reason and iustice required they should be preferred before him thought good to aduance himselfe and to get the Pope to consecrate him To conclude therfore it is most certaine that this ceremonie doth make nothing to the right of the Kings lawful succession neither is any more then a simple token of honor in his behalfe whom nature and vsuall order hath caused to be borne or suffered to bee elected to rule and gouerne the Estate so that to weene to perswade that he that is borne to be your lawful King by the Lawes of the Realme hath no authoritie ouer you before he be consecrated annointed and crowned is a meere fallation 13 It followeth sith I haue proued vnto you that in this cace the sayde King of Nauarre whom the deepe dissemblers dare not openly in their Libelles denye to be the nearest of the bloud should be your natural true and lawfull King let vs agree together that it were meere wrong for you to withstand or resist him I say further that in this Realme there is neither lawe nor order that debarreth him from lawfull raigne and the Crowne notwithstāding he would remaine in his now professed Religion But contrariwise that such as are of and doe professe the same are declared meete and capable of all kindes of succession by infinite the Edicts Decrees and declarations of our Kings published enrouled and dayly put in execution by the Arrestes of the soueraigne Courtes and other Magistrates who vnder his Maiesties authoritie doe minister Iustice in this Estate whose common crye tendeth to obliuion and perpetuall forgetting of the passed miseries and troubles As also in trueth it is more then a Catholicke passion to compare the Huguenot with a Iewe or Turke For besides that our Kings doe auctorize and permit the one and not the other in trueth and without affection for my selfe am a Catholick and in the same faith doe wish to dye we all doe agree in our faith so as there remaineth no more but to decide for the most part of controuersie the institution of outwarde ceremonies which either the tyme or the necessitie of the peoples instruction haue procured to bee brought into y e Church be not conteined or authorized in the holy Scripture Sith therfore wee doe agree that in the first times the Christians did liue and serue GOD without them we can not now lesse doe then heare the reasons of those that craue abolition before we condemne or pronounce them Heretikes least the condemnation goe before the proofe and so they haue greater cause to complaine as already they doe that wee haue iudged them vnheard and haue ended their Proces vpon defaultes and contumacie Wherefore the◠protest they are ready to pourge themselues if we would graunt them free accesse into the assembly of the church and not stand vpon the pointes of not receiuing them groūded vpon the long time that wee haue bene in possession of the obseruing of these traditiōs from hand to hand receiued by the cōsent and common agreement of the Church because if we had no other argument wee should not be able to deny but that our fathers whē they brought them in were men and therefore subiect to humaine frailtie as in many other things experience may teach vs. I will content my selfe with one onely example to our purpose Virgill Bishop of Saltzbourg in a Sermon about the yeere of our Lorde 755. saying that there were Antipodes in y e world was for the same by Boniface Archbishop of Ments accused of Heresie because by inducing the Antipodes it seemed he would also bring in an other Christ This matter was debated before Vtilo King of Bauiere who at the commaundement of Zachary denounced the sayd Virgilius to bee one of the most abhominable Heretikes that euer was So great was the obstinacie of the knowledge conceaued in this age of the Antipodes or Arteques and yet since it hath bene verefied for trueth This neuerthelesse I doe not alledge to the ende to reproue the institution of the ceremonies of the Church with which I doe dayly serue GOD especially knowing that in alteration of Lawes aud Orders necessity must be very apparent in the correction of matters long before allowed but onely to admonish all men that in as much as they are men it is no meruaile though some will be inquisitiue whether the authors
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
prouoked vnder pretence of the sayd interdiction did him some displeasure Howbeit so soone as hee seemed willing to mend his maners toward the English natioÌ„ they fell at his feete and expulsed Lewes of Fraunce whom they had subrogated in his place so soone as the sayd Iohn was dead admitted his sonne Henry King Henry the eight of the same Ile was very faithfully obeyed by his subiects after that Pope Paule the third had excommunicated interdicted aggrauated and reaggrauated the curse against him wherby some were somewhat shaken froÌ„ his obedieÌ„ce Suâ—noo King of Denmarke about the yeere of our Lord 850. was iustly excoÌ„municated by y â— Bishop of Roscholech for becomming an Apostata and procuring to slay sundry of the Princes of his blood in the Church founded in the name of the holy Trinitie in the same Towne of Rhoscholech the entry into which Church this Bishop forbad him together with the communioÌ„ of the faithfull but he did not neuerthelesse depriue him of his Crowne neither did his subiects refuse him their faithfull seruice although Canutus and Wademarus two of his chiefest fauorites and priuy Counsailors who sought to share the Realme with Suercherus King of Sueden did thereto suborne them Brigerus King of Sueden who raigned about the yere 1300. was one of the most wicked and cruell Kings that could be especially against the Church and Churchmen but chiefly against Nicholas Archbishop of Vpsale whom together with the rest of his Bishops he committed to prison wherevpon they excommunicated him and Turgillus Canutus his Lieutenant general and author of his behauiours neuerthelesse the people though therby stirred vp against their King and hauing greater opportunitie to rebel and shake of the yoke of his obedience vnder the conduct of Wademarus and Henry his brothers who sought no better occasion to put out their brother would neuer hearken to theÌ„ neither hinder or become cruell to their naturall Lord so as the two brothers were forced to employe their other friendes for the executing of their inteÌ„ts against Brigerus whom when they had taken prisoner they were neuerthelesse compelled to force al the townes neither found they any one that would yeeld to them so greatly did the Subiectes of the Realme accoumpt themselues bound to the seruice of their King whom they knew to be wicked excommunicate and an euill liuer besides a prisoner and captiue in the power of his brethren whom in the ende they forced to set him at libertie to submit themselues to his obedience Of such force is the bond of good people to their King whatsoeuer he be In Poland Bolesâ—aus a Prince of most wicked life a commoÌ„ adulterer an enemie to the Church and Cleargie after Stanisâ—aus Bishop of Cracouy had often admonished him to amend was by him at length excommunicated whereat the King being offended did put the sayd Bishop to death for which cause Pope Gregory the seuenth did confirme and aggrauate the sayd excommunication with a generall interdiction against the Realme about the yeere 1079. yet did he still raigne by the consent and with the obedience of the Polonians ouer whom he ruled a whole yere and more vntill in his iourney to Ladislaus King of Hungary hee flewe himselfe peraduenture through the iust iudgement of God The Emperour Sigismund and his faction could neuer winne the Bohemians from the due affection that they ought to his brother Winceslaus their naturall King though vicious wicked filthy for the which offences through the practises of the said Sigismund he was often emprisoned and excommunicated by the Bishops of that couÌ„trey yea by the Electors deposed from the Empire so as in the ende he dyed in Boheme still taking the place order and qualitie Royall through the goodwill of his Subiects who deemed that the same could not perticulerly conteyne any dispensation to discharge the subiects therof of the oath and faith that to him they ought as also they may not be discharged froÌ„ his bondage but onely by death or his owne liberall cession which he would make to an other as did Albert King of Sueden about the yeere 1388. beeing prisoner to Margaret Queene of Denmark and Norway to whom he yeelded whatsoeuer his right to the Crowne of Gothland and Sueden whereby the States of the countrey sware their faith and homage to the sayde Margaret and after they had secretly enquired of their King sundry times solemnly desired him to shew them his mind or els to discharge them of the duetie wherein they stood bound to him although vndoubtedly the Suedens had great cause to seeke his mishap for all Histories doe agree that neuer Prince committed so many outrages and wrought so many iniuries to his subiects as had this Albert. It therefore remaineth that by the lawe of Nations the inuiolable keeping of the obligation that the subiectes doe owe to their naturall Prince and not to depart therefro at the appetite or sentence of others haue euen among the most barbarous people bene euermore obserued so as wee ought in respect of the bonde that wee owe him say of the King and his bloud as of Matrimonie whom God hath ioyned together let no man put a sunder 22 But let vs more perticulerly learne whether the sentence of excommunication were lawfully vppon reasonable cause and exemplary occasion pronounced against a King and done by the iudgements of many Popes of Roome within these fiue hundred yeeres against such Kings and Emperours to whoÌ„ they haue borne bad minds Although I thinke it not meete to ground any lawe vpon the examples of these men in troth full fraught with ambition more then humaine affection but it is requisite to examine this question by the rules of Gods lawe and politicke reason established for the preseruation of the societie of mankinde Herein therefore I say y t the sentence of excoÌ„municatioÌ„ denouÌ„ced against a King how iust soeuer the cause bee and conteyneth dispensation for the oath and duetie that the subiects do owe vnto him this licence and tolleration vnto the people graunted is repugnant to the lawe of God and all mans reason For sith the subiects are by Gods commandement bound to obeye their Princes whatsoeuer without any further enquirie of their consciences and behauiours they cannot by any tradition or permission of man either generall or perticuler be dispensed with because no man can enterprize vpon Gods ordenances and euery dispensation so graunted is voyde as beeing repugnant to the deuine prouidence As Pope Leo and Vrban haue very wisely confessed Especially sith this dispensation cannot bee put in execution without great sclaunder and shedding of bloud by reason of such warres and quarels as will be raysed through the rebellion of the Subiects against their Prince their Kings resistance not onely in respect of his conscience but also for his Estate and the defence of his Crowne In such necessities therefore Pope Gelasius teacheth vs that we are especially
to beware of those things that cannot be receiued without great inconueniences Besides that the Iurisdiction and power of the Church extendeth not to temporall goodes or causes but as all men knowe Caesar shareth Empire with Iupiter neither is the Ecclesiasticall power other then Spirituall concerning the Kingdome of heauen and therefore vnprofitably and wrongfully they should thrust their Sythe into other mens haruest and without authoritie or IurisdictioÌ„ should meddle with the gouernment of maÌ„s policie and the gouernments of Realmes or earthly Empires considering the kingdome of God whereof they are Stewards and doe weare the keyes is not of this world As also of such dispensation would ensue to great iniustice because that sith the holy Church giueth remission for whatsoeuer sinne and receiueth the excommunicated after he hath made sufficient satisfaction and done penance worthy his misdeede it should come to passe that such a King or Prince notwithstanding he were reunited to the Church and had satisfied the commaundement thereof must neuerthelesse remaine banished from his estate already possessed by the first of his neighbors that shall haue receiued this rebellious people and of this trouble taken occasion to become maister thereof at whatsoeuer price from whence it would be vnpossible to auoyd him without warres and generall trouble arising of such dispensation and so should the domage done to the excommunicate King through the sentence of excommunication which was layd vpon him only for correction and admonition to coÌ„fesse his fault to aske pardon openly of GOD and his Church remaine irreparable To be briefe of extreme lawe would arise extreme iniurie whereof this poore miserable excommunicate and desperate Prince finding himselfe agrieued with the permission to his subiects to rebel would growe more obstinate in his vice for feare of losing his Crowne so in liew of vrging him to penance and satisfaction to the Church for the offence arising of his sinne he shall waxe worse and the Ecclesiasticall discipline bring forth no fruite and thereby growe into contempt And vndoubtedly therein consisteth the discretion of a Lawyer and Iudge so to make his lawes so well to order his iudgements that immediatly without difficultie how notable soeuer they be they may bee put in execution 23 Consequently a question may be propounded whether it be lawfull for a King or Prince to appeale therefro as of abuse but also by weapons to resist and withstande the execution of such a sentence because it permitteth the subiectes to shake of the yoke of his obedience refuse him the duetie of their obligation which is the same question which Lewes the 12. of Fraunce moued to the Bishops assembled in Tours in the yeere 1510. concerning the peeuish and rash excommunications layd vpon him and his confederates by Iulius the second whereto the said Bishops made aunswere that by all lawes the sayde King was permitted by whatsoeuer meanes yea euen by armes to withstand such the Popes friuolous and wrongfull declarations Which aunswere in my opinion is founded vpon all reason aswell naturall as ciuill because it is certaine and euident that the clause of the sentence of excommunicatioÌ„ of the King which conteyneth permission to the subiects to râ—bel against him is a publick force and violence that the Pope wrongfully employeth contrary to his function and authoritie and against the which the King may oppose himselfe and withstande him with the like or a greater power Secondly it ought not to be lawful for the Pope vnder pretence of a Shepheard and the care that hee should haue of the Christians to enterprize or atteÌ„pt any vnreasonable thing to the iniurie of his flocke For if the Magistrate doth any thing iniuriously either as a perticuler person either vpon confideÌ„ce of his authoritie he may be sued of iniurie Besides that wee haue before proued that the ordering Iurisdiction and notice of worldly causes and Kingdomes belongeth not to the Cleargie to whom is committed onely the publication of the spiritual and heauenly sâ—orde and so consequently sentence pronouÌ„ced by an incompetent Iudge is voyd in this head neither is any man bounde to obeye that Magistrate that hath iudged aboue his authoritie To this purpose Pope Gelasius writing to the Bishops of the East doth confesse that if the iudgement be vniust the lesse neede the condemned to care for that such a sentence cannot make the coÌ„demned guiltie before God and his Church And therfore he concludeth that he should neuer sue for absolution beeause it hurteth him not In an other place Pope Gregorie confesseth that he cannot incurre canonicall paines that is not canonically condemned In the interpretation of which place Iohn Andrew the gloser doth teach vs that it is lawfull to withstande the execution of a iudgemeÌ„t knowne to be none and giuen by such a one as hath no authoritie The same doth Celestin graunt wheÌ„ he speaketh of the election of a Bishop against the minds of the Cleargie of that Dioces where he should sit and the Glose expressely saith that the superiour abusing his power willing preteÌ„ding by force to bee obeyed it is not forbidden to withstande him especially in cace the hurt be irreparable as in this now in question because euery one naturally is permitted to withstand violence yea euen against his superiour In an other place wee learne that it is for euery one in default of the Magistrate to doe himselfe right or to bend himselfe against the wrongful oppression of an other Infinite are the examples of Emperours and Catholicke Kings who authorized by the Church haue made no difficultie to take Armes against the bishop of Rome and his adherents whensoeuer he so farre forgat his duetie as by force to enterprize that which Princes could not with reason graunt hym When Pope Iohn the eleuenth writ to the Hungarians and perswaded them to rebel against the Emperour Ottho the first and the sayd Emperor being in Italy this Pope togither with Albert Marquize of Spolete raysing warre against him the Bishops and Prelates assembled at Rome deposed the sayd Pope and hauing surrogated Leo the fifth into his roume permitted the Emperour by Warres to pursue him When Henry the blacke vnderstood that Benedict the ninth Siluester the third and Gregory the sixt Antipopes sought each to thrust other out of Italie and to establish him self by armes he went speedely to Rome with a great power to decide the coÌ„trouersie with the aduice of a CouÌ„saile assembled by his imperiall authoritie these three Popes were all deposed and disgraded and in their roume the Emperour established Suidiger Bishop of Bambergue who named him selfe Clement the second When the Emperour Henrie the fourth vnderstood that Pope Gregory the seauenth had forbidden the Bishops to require inuesâ—iture of the Emperour also that he found that y â— wicked man stirred him vp enemies yea procéeded so farre as to cause the sonne to rebell against the father against whom he opposed
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
Colledges and Vniuersities of this Realmes are abrogated as are also the conseruators Ecclesiasticall of the Vniuersities together with the priuiledged of this Crowne It forbiddeth such as haue made vowe of Religion in any wise to dispose of their gotten goodes whether moueable or immoueable contrary to the ordinance of the States of Orleans conformably with the decree of the Counsaile of Mogonce holden in y e time of Charlemaign It permitteth the begging Fryers to enioye and possesse rents landes reuenues and immoueable goodes contrary to the Counsaile of Vienna holden in the yeere of 1310. and infinite auncient arrestes of the Court It taketh from the King the nomination in Couents and Monasteries reguler which to him apperteyneth also the Triennalitie of Abbesses and Prioresses appointed by the sayde Estates It permitteth Munckes to meete and hold congregations and Chapters generall which in an Estate is perilous and daungerous and a matter whereby they bee accustomed to withdrawe themselues from vnder the authoritie and power of the King and all other temporall Magistrates in respect whereof also such assemblies haue by the arrest of the Court bene many tymes declared abusiue It giueth the Bishop authoritie to institute newe Feastes which haue bene reproued by many arrestes of Parliament namely by the prouinciall Counsayle holden at Sens in the yeere 1527. It encrocheth Lay patronages if the patrones by authenticall writings proue not the presentations continued and hauing taken effect 50. yeeres together and reiecteth al other kinde of proofe It giueth to the Ecclesiasticall Iudge notice of the right and possession of the sayd patronages obteyned by foundation donation or construction within these fortie yeeres which is a great intrusion vpon the King and his Magistrates It erecteth a newe kind of Iudges delegate whom it calleth Apostolick and authorizeth the Bishops to choose them euery one in his owne Dioces without the Kings knowledge or authoritie which are so many creatures not subiect to that Maiestie where-vnder they liue It declareth the Pope to be aboue him and forbiddeth Bishops to humble and submit themselues to Kings and Lordes It commaundeth all Clergie hauing of right and custome voyce in the prouincial Counsaile to receiue this preteÌ„ded Counsaile to sweare obedience to the Pope and thereof to make publicke profession It enioyneth Vniuersities not to teach any thing but what shalbe conformable to the decrees of the sayde Counsaile and to take solemne and yeerely oathes to his holinesse It commaundeth all Lordes Princes to keepe the sayd Canons renewing the auncient vsurpatorie Decretals of Boniface the eight and others heretofore abrogated in Fraunce as well by Edicts and ordenances Royall as by the arrestes of the Courtes of Parliament and great Counsaile By the sayd Counsaile the causes of our French Bishops are drawne to the Court of Rome and Popes Consistorie contrary to the dignitie of the royall Maiestie and the auncient Canons of the vniuersall Church whereby the criminall causes of Bishops yea in cace the same concerned their depriuation or discharging did belong to the Bishops of the Countrey or Synodes prouinciall and not to the Pope as by many the arrestes of the Court concurring with the generall Counsailes of Constantinople and Carthage it doth appeare besides that herein the sayd Counsaile greatly derogateth froÌ„ the Kings soueraigntie and Iurisdiction that euermore he hath had ouer the Bishops of his Realm witnesse the examples of Giles Bishop of Rheims of Pretextatus Bishop of RoaÌ„ of Didier Archbishop of Vienna and many others of whom Gregory of Tours Aimoinus Ado Vincent the Historiall doe make mention In brief to vse few words this pretended Counsaile taketh away the most auncient liberties of our Church so to make a Proppe to the Popes abuâ—ions It also dissolueth reuoketh and maketh voyde Mariages not contracted in the face of the Romish Church wherein consisteth the Seede of a million of troubles Ouarels Processes and strifes in infinite families of this realme which vnder the authoritie of the King with his good liking and vnder the protection of his Edicts of pacification haue contracted Matrimony and begotten Children who thereby should be declared illegitimate depriued of their Parents Successions and their â—Wues denounced Concubines Harlots to their true Housbands contrarie to all equitie which in summe is as much as to bend themselues against God to erect in other mens Realmes assemblies of people not subiect to the same to bring into the Church a greater deformation and to make the King of Fraunce his Serieant or executioner of his commaundements yea such a one as should haue no authoritie to order his Realme So that those which now so earnestly doe prosecute that publication of the sayd Counsaile shall neuer perswade mee that they are French men but rather that they shewe them selues Solliciters of the Popes affayres and dignitie rather his Seruants theÌ„ their Kings and soueraigne lords Thus doe you seee howe by the aduice and iudgement of the honestest greatest French Catholikes liuing vnder the traditions of the Romish Church this Counsaile of Trent may not be accompted other then a notorious conspiracie and coniuration against the authoritie and dignitie of this Crowne aud of the Subiectes thereof of whatsoeuer calling that shall find them selues offended and therfore we should greatly iniury any one of ours of whatsoeuer estate in calling him Heretick for not obeying submitting him selfe or consenting against his Countrey to the malicious conspiracies of the Pope and straungers that doe enuie the greatnesse of this Estate Especially the King of Nauarre whome the matter chiefliest doth concerne should haue greatest cause to be agrieued in respect that at this day he hath the Honor to be the principall branch of the Royall tree of France and so consequently more neerely bound then any other to preserue and mainteyne the rightes liberties and dignities of this glorious and redoubtable Monarchie 56 Moreouer the sayd Lord King of Nauarre demaundeth of you by vertue of what doe you esteeme hym an Heretick and obstinat parson For it is certaine that he onely may be tearmed an Heretick who vpholdeth a false doctrine contrary to the holy Scriptures of the ould and newe Testament beleeuing amisse in any one of the Articles of our faith as did y e Manicheans Nestorians Sabellians Arrians and their like Now to say trueth they would perswade vs that the opinion houlden by the saide Lorde King of Nauarre was monstrous we haue bene hallowed after them like Dogges wee haue bene forbidden their company as of infidels and miscreants I beseech you therefore let vs carefully looke into the confession of their faith and we shall find them Christians such as agree with vs in the articles of our belief doe worship the same God seeking saluation in the same Iesus Christ Chrildren of the same father beleeuing the same Bible assuring them selues in the same Gospell as in the same Buckler of their faith requiring part in the same inheritance and in vertue of
stand no longer in neede will not in the meane tyme dye either through melancholy or choller so speedely quit them his roume they knowe in their Italian League Articifers enough to sende him into Abrahams bosome whereby they shall for so many good and commendable seruices done to our France bee thought more worthy to be crowned then now notwithstanding at this present they cause ouer loude to bee song their pretended merites by all the Spanish pentioners and feede Spyes in the Court at whose mouthes they set out their woundes receiued in the wasting of this Crowne after the maner of the auncient Romaines who exhibited themselues naked to the people in beggiug the Suffrages of dignities and offices Thus when through their wisedome they shal haue killed the King and the King of Nauarre who are y ◠two thornes that trouble their feete for the one they will procure the singing of a Deprofundis and for the other Te Deum laudamus whereby together with an absolution sealed in leade in the Cource of Roome they shall bee whiter then Swannes For of the rest of the Princes of the bloud they make no accoumpt neither doe thincke them subiect sufficient to put thē in any chafe about the rooting of them out so greate is the furie of Sathan in these daies This is the whole story which those that loue them are forced to confesse Neuerthelesse it seemeth that we sleepe our our mishap or ratherthat we make hast to this fire euen with our backe burdens of woode to kindle it in stead of water to quench it withall 29 Hereafter I pray you what dignitie or Maiestie may restraine from vice those that are so cruell to their King as to take armes against his person against the peace of his estate whose subiects they are and against the establishment of his Realme Neither Equitie Iustice Custome Lawes respect of land loue of their fellowe Citizens or reuerence to the Magistrate can permit those men that contemne the soueraign authoritie of the Maiestie royall and such as without respect to Iustice or publick honestie doe shew them selues more cruell and barbarous in procuring vnder pretence of reformation and zeale to Catholicke Religion the engendring in France of an immortall warre the mother of all impietie wrong reuenge ruine deformation and vtter subuertion of most mightie Kingdomes and florishing Empires to blush for shame What eminencie is the Church to looke for among the execrable blasphemies and infinite sacriledges that will be committed in the warres What power what authoritie what light may wee attend of Iustice when she is snared mastered become prisoner and ouerruled by the weapons of the most vicious and corrupt persons of this Realme What honour what degree what respect may the Nobilitie hope for beeing in perpetuall hazarde to loose life children wealth peace and free cōmandement ouer their vassals and subiects What ease what profite or what encrease may the ouertoyled laborer the venterous Marchant the quiet Burgesse or any other whosoeuer in this poore Realm buyld vpon Euery one must prouide for famine pestilence fire bloud and spoyle to be briefe for all the scourges that spring of the disorder barbarousnesse ambition and insatiable desire of those who if they maye finde assistance among the French will neuer lay downe weapons but either by an establishment of a perfect tyrannie proceeding out of their affections more grieuous and inspportable to those that shall remaine then warre it selfe or els by the selfe ruine and vtter extirpation of their wretched followers together with most of the good men that shal haue withstoode them Let vs not O Frenchmen perswade our selues that this mischiefe will be a matter of three or fower moneths onely For if it be Religion for the which they seme to bring you into the fielde your selues doe knowe that our Kinges haue not spared life state meanes or friendes for the remedying thereof within these fiue and twentie yeeres which notwithstanding what effect haue so many murders such plentie of battailes and such store of bloud spilt wrought Weene you that these who so long haue found meanes to defend themselues cannot withstand you but must so easely yeeld vnto you See you not the straunger that looke vppon you and doe prepare to hasten our destruction if we bee so foolish as to beate our selues The authors of this cōspiracie being now alone are no strōger then when they fought so sharply vnder the authoritie of King Charles the 9. and the King now raigning and were vpholden by the same meanes that now they assure them selues of out of Spayne Italy and other places You know they were chiefe of their Maiesties Counsaile Leaders of their Armyes or rather authors of all passed mischiefes enterteyning the King in that will and opinion wherein he then was namely that weapons were y e instruments to appease Gods wrath and to reunite vs in one onely Religion vntill his Maiestie vpon better aduice confessed the fruites and effects of the contrary and by the exāples of his neighbours did very wisely cōsider that the disease of Religion is so rooted in mans mynd that he were farre better to tollerate it sith we all agree in one belief and Creede of the Apostles then to hazarde his whole Estate by weening to heale vp a wounde which God willing maye by daylie conuersation bee suppled for vndoubtedly some diseases are of such a nature that it is more expedient for the Patient to beare the griefe thereof then for his cure to vse ouer daungerous and doubtfull remedies whose tryall is more sharpe and intollerable thē the disease it selfe With which counsaile truely royall fatherly and worthy a Christian and peaceable Prince these zelators of their own wealth rather then of Christianitie being offended doe now euidently shewe their bad mindes and do buyld their pretēces vpon the diuersitie of Religions vpon the oppressions of the people vpon the deformations of Iustice and vpon the distribution of Dignities notwithstanding all men knowe that in respect of the last they are better prouided and haue greater cause to praise the parting then to complaine of that honor that the King hath done them As for the rest themselues are the onely cause of all mischiefe engendred by ciuill warres which euer since the resolution vpon their forecast thei haue nourished in this Estate because it is certaine that peace is the mother of pietie establishment of Iustice and the true spring of mans ease Neither can we denie the good holy and commendable affection wherwith our most Christian and peaceable Prince set hand to the worke so long as it pleased God to let vs enioy peace whether in the example that he set vs in his Religion desire that hee shewed in reformation of Iustice or in the ease that so much as he might he procured to his good subiects What is there more to doe then fellowe countrymen but againe to sheath vp our weapons and deuoutly to pray to God to
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
this example hath relation also the same iudgement that Pausanius writeth of the Senat of Sparta aboue 400. yeeres after Licurgus concerning the children of their King Cleomenes who had two sonnes Cleonimus and Acrotatus the elder who dying beforr his father and leauing his sonne Areus the Realm came in question betweene them where senteÌ„ce passed for Areus against Cleonimus who was so wroth therewith that he called Pirrhus King of Epiro sonne to Earida and caused him to enter the land whereupon he was declared enemie to the Commonwealth In Italy Robert the second King of Sicill sonne to Charles the second about the yere of Iesus Christ 1310. when there was controuersie for the County of S. Seuerin betweene Thomas sonne to the elder and Iames the younger gaue sentence for the neuewe so that the sayd Robert whome our Doctors terme an other Salomon being in Auignon accompanyed with a number of Doctors and other skilfull personages adiudged the sayd Countie to him Ottho of Frisingen rehearseth the custome of Bourgondy which saith he was euermore obserued among the Gaules concerning the fathers succession which was adiudged to the eldest and his posteritie vnto whom the rest as to their Lordes ought to yeeld all respect honor and duetie Demosthenes also maketh mention of the Athenians lawe whereby brothers children had parte in the succession of their Grandfather as braunches and bodies substituted in the Roumes of their deceased parents So as the great number of arrestes passed might at this day be reason sufficient to restrain the Lord Cardinall of Bourbon and those who vnder pretence of fauouring his cause do practize their own aduancement by the destruction of the Royall famelie especially sith these iudgements passed not without great notice of the cause ripe most sound considerations which learned men shal conceiue as drawne out of the fountaine of the Ciuill and Cannon lawes from whence the best and most of our pollicie is taken 3 The first reason is because the father and the sonne sayth Iustinian are natura but one person so as the father seemeth not dead in respect of the substitution that nature hath made in the person of his sonne who is parte of his flesh and bones and is therefore termed sonne of the houshould as the other father of houshould with the sole difference of the title of generation And in Ecclesiastes it is written The father is dead and in a maner not dead because he hath left one like himselfe And after the fathers decease the sonne purchaseth not a newe his rightes and succession but taketh vpon him the administration and vse of the same whereby the same matter that was to bee considered in the father is no doubt transported to the person of the sonne how personall soeuer the same be and he is thereof capable as a straunger enheritour cannot be in such wise that the sonne by nature and ciuill lawe substituted in his fathers roume and place is to enioye all priuiledges dignities and rightes that might to the deceased haue apperteyned This ciuill reason conformeth it selfe to infinite examples of the lawe First wee knowe that the sonne dying before his father the neuewe entereth the roume of the deceased and enioyeth the same rights as his father if he had liued should in his GraÌ„dfathers succession as appeareth in the Counsaile of Gallus Aquilius by the law Vellea and other the heades of our wisedome so that no reason can be alleadged why we should otherwise thincke in this deede which dependeth of the right obteyned by the father in respect of seuioritie in the succession of his predecessors for although the sonne of the deceased elder doe maintaine the seuioritie to bee his by his owne right and person yet is he as it were substituted in the place and person of his sayd father and admit the qualitie of senioritie were by the fathers decease dead and extinct yet the power habilitie to succeede thereby is not extinct and lost which beeing diuers and seperated from the eldership is continued and transported into the person of the sonne Wherevpon in lawe we doe say that the same departing before the father his sonne succeedeth in his possibilitie because the same occasion if any dyeth without children is accomplished in the wise counsaile of the testator if there remaine any issue of the afore deceased sonne Hereupon by the arrest of the Court in the yeere 1555. was the daughter of the eldest sonne of Thibault of Vitry preferred before her Vnckles in the right of eldership to the landes and noble Lordships of the said Thibault Secondly it was determined that the free borne childreÌ„ were not bound to lay together their owne goodes in pertitioÌ„ of their fathers or if it happened the same beeing vnder his fathers iurisdiction to decease leauing his sonne alienated to some one of his brethren of the same calling the neuew who in his owne person could not attend the relation of his Vnckles proper goodes in the succession of his Grandfather might neuerthelesse demaund the same in the behalfe and as substitute to the person of his deceased father and therefore the same right that he had in the same relation is adiudged to his sonne who of himselfe was vnperfect badly grouÌ„ded in his demaund By our Lawes also the brother by father and mother is in the succession of his deceased brother to bee preferred before the rest of his brethren of the same bellie or kinsmen Let vs now presuppose the brother both waies were deceased leauing one sonne The sonne is to take vp the inheritance of his Vnkle before the rest of the brethren of the deceased beeing of one bellie or kindred which hee cannot doe by his owne right because he was not brother to the deceased and therefore necessarily he taketh it in right of substitution and succession to his late father transported into his person wherby he not onely succeedeth with his Vnkles but which is more excludeth them as might his father haue done if he had liued Moreouer that which is noted in parte must take place in the whole and yet in the substitution of the deceased fathers succession the children of the deceased do take their part and portion of their deceased Grandfathers goodes by stocke not by head that is in consideration of their fathers person which wee call in stirpes non in capita which also concurreth with Gods lawe as wee may note in the portion that Abraham gaue to his neuewe Lot the sonne of his brother Aram in the succession of their generall father Thare In the collaterall ligne the text of Iustinians nouell saith that the neuâ—we sonne to the brother succeedeth in such part as his deceased father might haue done why theÌ„ should we not obserue the same in things wholly vndeuided as in a Realme Empire Dutchie and such other like which can haue but one maister so that the neuewe taking his fathers roume
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
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
matters wherein can no roume or place be found but for one in which cause it is more meete to preferre nature that is to say the vncle who naturally is nearest rather then the Neuew who can not bee so accompted but by the fiction of the Emperours decree the vnproper explication of the worde proximus which is yet more odious because it conteineth alteration of the Law whereby the neerer onely is admitted to succession and in the same cause the Emperor Decius speaking to the sister of the deceased writeth Vnto thee rather that art in the second degree doth the inheritance belong then to thy brothers children who are in the third Because also in cace of inheritaunce wee admit rather the immediat cause then that which is farther of according to y ◠that is argued de eo qui filio impuberi sub hac formula substituerat Quisquis sibi haeres esset So that it was not in vaine that the Emperours Theodosius and Valentinean the third saide that in this cace the children should not be made worse then the Neuewes who are neerer then the elder brothers Sonne in both age and degree Thus they should be thought more capable so that in what so euer concerneth the Neuewe The cause of birthright ceasing the effect also should be none because a cace by Lawe omitted is to be adiudhed os omitted otherwise this writer addeth a trimme consequence which importeth that in the cace now in question the children of the late Lord Prince of Conde being foure in number should deuide with their vnkle the sayd Lorde of Bourbon and the King of Nauarre their cousen whereby the succession of the Realme of France should be deuided into three partes or portions The first heades of this Reason might bee true if we should consider the Neuewe onely and in his owne person but in this action we regard him as substitute in the continuation of his late Fathers right and yet not by any extraordinary fiction or priuiledge whatsoeuer as they say but by the proper interpretation of the Lawe and mans naturall motion whereby the father is said to liue so long as the sonne remeyneth and the senne is termed the naturall portion of his fathers body so that it is no odious explication but by our men is called an extensiue interpretation by naturall reason induced which neuer was forbidden but contrariwise haue alwayes iustly bene receiued in caces most stricely obserued and such as can not beare euen the least alteration that may be Consequently therefore although before Iustinians brothers childrē could not concurre with their Vnckle in collaterall ligne because the auncients would not corrupt but so little as might bee the degrees of kindered yet this Prince considering that there is no greater reason to make this substitution and paternall continuation in direct ligue then in collaterall also that nature of her selfe was each way alike he did iustly and natually in all sortes of successiue lignes continue the person of the father by the substitution and succession of his posteritie which hath also bene imitated in feudall customes as is aforesaid So that to omit nothing ex eo nec prior aetate nec gradu propior patruus iudicari poterit quin causam huius successionis in nepote conspicimus The effect whereof should withall ensue without thinking this case omitted sith that by naturall interpretation an other like to the first doth followe or rather to say the same which is considered of the father in the person of his sonne whereof the second brother cannot cōplaine no more then he that hath promised or constituted some reall seruitude for the benefite of his neighbours land which afterward was obteyned and fallen into the handes of many and diuers heires of whom euery one vseth that whole seruice so as if the maner thereby be ouer sore charged yet as is the Lord of the seruing manor compelled to suffer it as being the nature of the thing And merueilous vnlearned is the consequence that our Atturney maketh when he sayth because the King of Nauarre will haue like degree of proximitie as his Vnckle therefore the children of the late Lorde Prince of Conds might saye as much for it is euident to all men that the King of Nauarres reason hath no communitie with the pretēce that this man imagineth of others because the sayd Lord King of Nauarre representeth the elder and is substituted in his roume place by vertue of which substitution he excludeth not his Cossens only beeing children to the yonger but also the sayd Lord Cardinall who had bene more capable then they whereby wee are come to the rule If I ouercome him that ouercōmeth thee much more shall I ouercome thee considering that the Realme and soueraigne Lordship is not yet subiect iudicio familiae Hercis neither can brooke the light of two Sunnes 9 Yet are we to annswer the deduction of Iames de Per. where he saith that the reason why Robert King of Sicill Lewes Duke of Bourbon and Robert Earle of Arthois succeeded not Charles y ◠Faire King of France but that Phillip Earle of Valois his Cossen germaine obteyned it was because hee was found to be in the fourth degree to the deceased King and the Earle of Arthois in the 8. and the King of Sicill in the 7. But immediatly he cutteth off himself againe when he confesseth that the Duke of Bourbon was also in the 4. and therefore by reason should as soone haue succeeded not that we must deny that the succession of the Crowne of France non deferatur proximiori agnato but I saye first that we haue more then sufficiently verefied that the sayd Lorde King of Nauarre is not vlterior gradu then the sayd Lord Cardinall his Vnkle and that according to naturall and ciuill reason But I will moreouer add in the example by this writer propounded that the proximitie of degrees was not the cause of the alleadged iudgemēt in fauour of Phil. of Valois but it was because certainly when once the succession of a Realme is entred one ligne and progenie the rest of all that braunch must faile before we may passe into an other or inhable the same how neere soeuer it bee The reason is most euident because sith the Kingdome is gotten to their kinsman they al are accompted more capable then any other kindred feudorum exemplo wherein to them onely and to all those that are of the same ligne whereof the deceased was the commoditie doth apperteyne and that is it that is sayd ad proximiores deferri because these are accompted proximiores in respect of other lignes These are the wordes of the text in feudall cases This was the reason why the King of Sicil neither the Earle of Arthois could pretende nothing in the Crowne of France which once obteined to S. Lewes excluded the ligne of the aforesayd who discended of Robert Earle of Arthois