the bodie or rather to slay and not to heale to vexe not to comfort by darkenesse to shewe light and by crueltie to teach courtesie If thou wilt not destroy thou must vse instruction to instruct thou must subuert to subuert thou must conuince and to conuince reason is necessarie Is it reason to passe to condemnation before proofe to commit the stewes to the reformation of harlots and the execution of sentence to the partie adiudged To the generall reasons of this discourse the king of Nau. and prince of Conde do adde particulat exceptions As that by decree of Charles the 6. published anno 1369. it was forbidden to excommunicate any towne communaltie bodie or colledge of this realme besides that by the priuiledges of the lilly the Pope can not excommunicate either the kâ— or his subiectes so that Clement the 5. by his bull made voide the interdiction of Boniface the 8. against Philip the faire declared this realme exeÌ„pt froÌ„ the Popes power so was accounted adiudged by Alexander the 4. Grogory the 8. 9. 10. 11. Clement the 4. Vrban the 5. Benedict the 12. Also in the yeare 1488. the kings proctor appealed as of abuse from the excommunication that the Pope had cast vpon the inhabitantes of Gaunt vassals to the crowne of France And the court of Parliament by a decree of the 27. of Iune 1526. and an other of the last of Ianuary 1552. declared the clause by the Apostolike authoritie inserted into the Popes rescriptes and sent into France to be voide and abusiue Againe when in March 1563. the Romish inquisition had cited the Queene of Nauarre personally to appeare before the Pope within 6. months vnder paine of confiscation of goods king Charles the 9. thinking that this adiournment touched his honor and the priuiledges of his realme tolde the Popes Nuntio that hee would chastise the authors of that enterprise As in the like case did Lewes the young 1143. deale with Tibault Earle of Champagne who had procured Raoul Earle of Vermandois to be censured Hereunto do I adde with Du Du Tillet cap. of the Peere Tillet bishop of Meaux that wee ought not to suffer a peere to be excommunicate because we are to be conuersant with him about the kinges counsels who in case hee had not whereof to liue ought to finde him Vpon such reasons examples and priuiledges do the king of Nauar prince of Conde depende and as true Frenchmen make a shield against the enimies of France who for preparing the way to their ambition with the price of the poore people do studie to corrupt those goodly priuiledges vsing the priest of Rome as the minister of their furie who being filled with rashnosse haue hatched The Guizians second pretence all the tragedies at this day played in France yea euen so farre as to seeke to make the king to nominate a successor to the Crowne In olde time the Dictator Fabius Buteo endeuouring to bring into order that which time and necessitie had disordered sayde that he would not depose out of the Senate anie of those whome the Censors C. Flaminius Liuius li. 3. dec 3. and L. Aemilius had established Who can then beleeue that the king woulde depriue from the right of the realme those that are called not by the Censors but by the lawe which is the â—â—le of Censure I meane that grounded lawe of France by vertue whereof the successor is seised in a manner during his predecessors life and without other inuestiture is halfe possessioner wherof groweth this prouerbe In France the king neuer dieth Besides to corrupt those lawes whereby hee reigneth after his predecessors euen since the beginning of this Monarchie were as much as to hate himselfe for although we liue vnder a soueraigne whose handes can not be bound yet must we say with L. Valerius against the Oppian law There be lawes that Liuius li. 4. dec 4. be inuiolable in respect of the perpetuall profite of the common wealth and there be others necessarie for a time only those do neuer die but these are mortall according to the diuersitie of occurrences So that these thinges thus by nature distinguished we place first the laws Royall and such as concerne the state of the realm because they be annexed and vnited to the crowne as is this lawe of succession to the preiudice wherof the king can not elect any other successor then whom the same doth appoint him and in this case we may say that which Pacatius saide to the Emperour Theodosius That onely is lawfull for thee to doo Bartol in li. prohibere Plane f. quod fiant clam that the lawes do permit and no otherwise for diuerse considerations First that that is obserued in part must take place in all But the kings do holde it for a generall rule that the publike demaynes are by nature holy sacred and inalienable For that cause was the towne of Zikeleg that Achis gaue to Dauid neuer alienated And the kinges of Englande France Spaine and Polande do sweare neuer to dismember their demaynes yea the king of Englande in his treatie with the Pope and Potentates of Italy added this clause That they should giue no part of the demaynes of Fraunce for the deliuerie of king Frances The reason is because the demaines of the Crowne is a publike valuation in respect of the prosperitie thereof the profite whereof is made priuate and particular to the king that reigneth only so long as he liueth This caused the Emperour Pertinax to raze his name that was grauen in demainiall inheritances that Antonine the pitifull would not dwell but vpon his owne inheritance and that Lewes the 8. chose rather to sell his owne moueables iewels for the satisfying of his legacies then to touch the demains which considering the other rights of the common wealth can be tearmed but a part thereof so that if the king can not alienate much lesse may he passe away his kingdome and subiectes from one stocke to an other The second consideration shall be taken of the example of tutors who as witnesseth Aulus Gellius lib. 5. cap. 9. could not passe away their pupils into other mens power neither kinges their subiectes considering that they are onely tutors to the people to whose generall benefite their eyes ought to be more open then to their owne particular commodities and by the saying of an auncient man Euen as tutorshippe so the charge of Cicer. lib. 1 Offic. the common wealth hath more regarde to the profite of the Gouernors then of the gouerned So that if the king being ledde by euill counsell transferreth his realme the fittest to succeed may frustrate whatsoeuer hath beene done to his preiudice which was put in practise by Charles the 7. against Henry the 5 king of France and England who in respect of his marriage with Lady Katherin of France daughter to Charles the 6. was inuested in this realme as appeareth by the
of the time and place they were at Paris amongst their enemies who barked at their liues and were dyed red in the bloud of their seruants yea euen in the time that the Frenchman was the cruell butcher bloody murderer of Frenchmen that the father cut his sons throat that the mother slew the daughter that the brother dispatched the sister one neighbour killed another cruelty triumphed ouer clemencie and rage ouer pitie who then at such a time with a trembling hand would not haue written whatsoeuer his enemies had endited But in such cases the lawes of the Emperors and edicts of the auncient Pretors doo declare all such actions none as if they had not beene for that is not called consent that we force him to doo that is depriued of his power for this cause doth Pope Alexander the 3. will Cap. 1. ext de his quae vâ—met Abbas Vsperg in Hen. 5. those meÌ„ that for feare of death are become Monks to â—ast their weed into the nettles to marry And Pascall the 2. hauing beene forced the right of inuestiture of benefices to the Emperour Hen. the 5. called a councell at Lateran where he made voide all that by force he had bene compelled to doo Likewise Platina de vitis Pont. the dooings of Silla were denounced to be tyranny because that he hauing a mighty army within the walles of Rome established himselfe Dictator as also did Caesar by the law Seruia So that the king of Nauarre and Prince of Condé may iustly disallow the declaration contained in their letters sith that the more force that was vsed the lesse will they had At all aduentures from whence doth the Pope take this authority to excommunicate the goods Kings saith Christ haue dominion ouer the nations but it Math. 20. shall not be so among you Feed saith S. Peter the flocke of Christ not as hauing dominion ouer their heritage but so as you may be an example to the flocke Iustinian Epist 1. c. 5 Nou. 81. also writing to Epiphanius diuideth the ministerie from the Lordship and in an other place forbiddeth the Priests to take vpon them the titles of Lords but of spirituall fathers Yea Balde one of the bucklers of the Romish Priest exalting his power is still forced to put in this bridle In spirituall cases and S. Bernard speaking to Pope Eugenius saith It is euident that the Apostles are forbidden all Lordship how therefore darest thou vsurpe the title of an Apostle in playing the Lord or play the Lord while thou sittest in the Apostolike sea In olde time also the Priests iudged of heresies but not of the punishment of heretikes which was the reason that S. Paule was brought before Festus Act. 25. Theod. lib. 1. cap. 20. Tit. de heret c. 1 lib. 1. De sum trinit L. Placet de sacro Eccles c. the Emperors Lieutenant that Constantine forebad the Bishops of Nicomedia from shewing any fauor to Eusebius and Theognis that Honorius appointed the Prouost Marcellus to be a iudge for the Catholikes against the Donatists and that the Emperors Constantine Gratian Theodosius Iustinian did ordaine grieuous punishments for heretikes Yea in the olde time so farre were the sacrificers and Priests from medling with secular iurisdiction or incroching vppon the authoritie of kinges that in whatsoeuer concerned priestly discipline they bowed to them Salomon deposed Abiathar the high 1. King 2. 1. Chro. 29 Priest and placed Sadoc in his roome Ezechias reformed the order of Leuites and brought them vnto their first puritie Iudas Machabeus deposed the 1. Macab 4 Liuius lib. 1. dec 1. wicked Priests of the law and Numa saith Liuy deliuered in writing and signed a note vnto the high Priest with what cattel vpon what dayes in what temples they should offer sacrifice from whence they should haue the money to furnish such expences Afterward by the law of the twelue tables the whole depended vpon the wil of the Senate who by that authoritie in the Consulship of P. Cornelius Lentulus and M. Bebius Pamphilus did openly burne the bookes of Numa as being repugnant to their religion the like also did Constantine with the Niceph. lib â— â— 18 bookes of Arrius for from time to time the power of holding councels and ordering the churches depended vpon the Emperors as we may gather by the decrees of Constantine Gratian and Honorius written in the first Code of Iustinian who said That he had no lesse care of religion then of his owne life and of whom we read 17. constitutions concerning ecclesiasticall discipline As also our kings vppon the like argument haue builded many goodly decrees namely Charlemaine and Charles the 7. who the 13. of Iuly 1438. published the Pragmaticall sanction at Paris indeed as saith Isidore Emperors and Kings haue the first degree in the Church whose nurses they are according as Esay saith chap. 49. which was the cause that in olde time they had the greatest functions in the Church as commanding of fasts and calling of councels c. That Boniface the 1. besought the Emperor Honorius to ordeine that they might lawfully proceed to the election of the Popes of Rome that Pelagius the 1. sware in the hands of Ruffin Childebert K. of France his embassador that Leo the 4. protested obedience vnto the lawes of Lothair and that Gregory entituleth himselfe the vnworthy seruant of Maurice But since the Popes gat a tast of worldly affaires they haue endeuored to satisfie themselues at the costes of the authoritie of Kinges and Emperours whom notwithstanding that according to S. Paule euery soule ought to bee subiect to them they haue gone about to bring in subiection to the crosse of Rome whereto their enterprises haue had so good successe that they haue made the kings of England Arragon Naples Sicill Ierusalem Poland Sardinia Corsica and the Canaries tributaries to the Pope wherupon the Clergie themselues considering that they had girded too far into temporall iurisdiction that ofteÌ„times their ambitioÌ„ opened the gate into sundrie schismes were forced to bridle them and the Emperors to restraine their insolencies as the Patricians were wont to doo at Rome who as witnesseth Liuie Thought good that the Salians and Flamines Liui. lib. 4. should without farther power and authoritie tende to their sacrifices onelie Thus in the yeare 1046. the christiaÌ„ bishops seing the wound which the church receiued through the ambition of Benet the ninth Abb. Vrsp in Hen. 3. Siluester the 3. and Gregory the sixt Antipopes did canonically depose theÌ„ al in a sinode holdeÌ„ at Rome being supported with the authoritie of the Emperor Henry the third Afterward anno 1076. a councell was holden at Wormes wherein with the consent of all the Germaine Bishoppes except the Saxons Gregorie the seuenth called Hildebrand was excoÌ„municated as one that brethed nothing but tyranny Abb. Vrsperg in Hen. 4. as appeareth by a letter which the councel wrot
agreement made the 21. of May 1420 Moreouer although in certaine cases our lawes do permit the father to disinherite his sonne yet doth this permission take no place in our kinges as being heyres not to them but to the crowne for by lawe the heyre is bound to all hereditarie actions whether actiue or passiue because as saith the lawyer L. Non minus ff de haered Instit Caius the inheritance representeth the person of the deceased And yet we holde that the king is not bound to the priuate agreementes and othes of his predecessors for when Philip the faire for the cōcluding of the marriage of his eldest sonne Lewes Hutin with Margaret of Burgūdy in February 1299 agreed that in case Lewes Hutin deceased before he came to the crowne of France leauing any heyres male euery younger brother should haue 20000. frankes of rent the sayde agreement bound not his successor Likewise when Charles the fift in October 1374. decreed that his seconde sonne Lewes of Fraunce should haue for his maintenance 12000. frankes of rent with the title of Earle and 40000. payd him at one payment this decree bound none but himself Also king Lewes the 12. answered those that demanded the artilerie that had beene lent to his predecessor Charles the 8. that he was not his heire to pay his debtes And king Frances the 2. in the yeare 1559. Ianuarie 19. writ thus to the Lords of the league Although we be not bound to the payment of our most honorable late lorde and fathers debtes for that we take not this crowne in title of his heyre but by the lawe and custome generally obserued in this realme euer since the first institution thereof yet wishing to discharge our sayde Lorde and fathers conscience wee are determined to pay so manie as we shall finde iustly to be dewe c. Thus sith the crowne commeth not by fatherly succession but by the lawe of the realme the king can not take it from him to whom the lawe giueth it Furthermore we are in farre better condition then the franchized Romaines who by the constitution of the Emperors Dioclesian and Maximian might chose to inherite where it pleased thē and the heyre as sayth Pomponius that was charged to set them free might not without their owne consent discharge themselues by an other much lesse then should any against our willes make vs to bow our neckes vnder the power of others then those that are appointed vs by succession which is of greater force then the last will of a testator And to say that the king of Nauarre by reason of his religion can not be sacred or receiue the oyle obserued according to custom by the Guizians saying euer since Clouis the 1. so consequently may not be k. of France is to go about to make the accessarie principall of the accident the essence for the sacring of a king is no part of the essence or else they might serue for a difference in the definition of a king euē as the definition thing defined ought to haue relatiō so should it follow that he that were annoynted and sacred shoulde be king and euerie king should be annoynted and sacred Which notwithstanding throughout the whole line of the Merouing ans the Chronicles make no mention of sacring or oyle Clouis the first by the testimonie of Gregorie of Tours after his baptisme was crowned and carryed about the campe vpon a Target likewise Sigebert in steede of Chilpericke that was besieged at Tournay And according to Aimoinus certaine Dukes hauing conspired against the kinges Gontran and Childebert did at Briue la galliard make Gondeuault their king with like ceremonies which were common to other Nations For Brinion was made Duke by the Kennemer landes as saith Tacitus Valentinian the first and Pliocas by the Romaine army as sayth Nicephorus and Hipatius as saith Cassiodore Who then seeth not that the enemies pretended reasons are but folly accompanied with deceipt Hereto I will adde that at the request of these Guizians this realme should be made electiue also besides the law reasons aforesaide the custome should be violated sith that by the testimony of Agathius a greeke writer who liued in the yeare 400. and of Cedrenius who liued in the time of Philip the first king of France the Frankes hauing chosen the best forme of common wealth had no king but by successiue lawe But what stone do those men let ly still that yaune after principalities The house of Bourbon say these firebrands are at this day passed the tenth degree of agnation from the Royall house and therefore by the ciuill lawe excluded from succession Marke here you French men how this young Alexander this beautifull branch of S. Lewes Henrie K. of Nauar is not alone the marke that the wretched purposes of these strangers aime at but also all the Princes of the house of Bourbon generallie are barked at But in what sort with some breach still in the realme which holdeth of none but God the sword They heere oppose against vs the lawes of the Romaines and we say they are a-bodie without a soule sauing so farre as they take life at the authoritie of our kings as appeareth by the priuiledges granted to the vniuersitie of Orleance in the yeare Du Tillet in his collection of the kings of France cap. titres grand 1312. by Philip the faire and the decree dated the 15. of Iuly 1351. wherein it was saide that the king might derogate from the Ciuill law which also Philip of Valois put in practise in the two wils that hee made anno 1347. and in his donation to the Queen anno 1330. the 21. of Nouember To cut thē therefore off short this realme is not hereditarie but in the family and the succession of our kings is not ruled by a written law but by custome her grounded lawes which doo transport the crowne to the next of the blood royall descending from the male yea were he in the thousand degree And yet notwithstanding al these reasons and nothing considering Liui. lib. 2 Dec. 3. the saying of Fabius Max. we may oftentimes make right sicke but kill it we cannot the Guisians meane to pluck away the crowne from those whom nature hath made kings yea euen to bring the king to such passe that he must be forced to nominate to them a successor Although as saith the wise man The height of the heauens the depth of the earth and the harts of kings ought not to be sounded The Coūcel also Prou. 25. of Tolete excommunicateth all those that enquire who shall raigne ouer them after him that ruleth the scepter for besides a vitious curiositie we may still suspect some practise against the king And in deede when in the yeare 1566. in the Parliament of England the estates solicited the Queene to nominate to them a successor to her crowne shee answered them that they digged her graue before shee were