him which being in him is according to the former discourse coÌ„tinued in his posteritie The fourth obiection is taken of the vulgar consideration obserued in the common dispositions of euery one to call into the first degree their owne children and then their neuewes after their degrees and order of nature which is euident in the couÌ„saile of Gallus Aquilius and more expressely in the aunswere of Papinian in two places wherein he acknowledgeth inter liberos ordine gradu fidei commissi praescriptos ex ordinata affectione defuncti quae cadit inter personas sub eadem alternatione comprehensas This reason were hard to be decided if we would consider the neuew onely in his owne person and cause but we haue often sayd that in deede in his own right but by his father successiuely he coÌ„tinueth the same right of eldership that his deceased father had for the which as first borne he is in the first degree and order of succession 10 The fifth reason is taken of that wee knowe that the same degrees that are obserued in tutele are likewise kept in succession But it hath bene decreed of the sonne and neuew concurring together for the tutele of the fathers libertine the sonne onely remaineth tutor and not the neuewe sonne to the deceased brother the like therefore must bee obserued in matter coÌ„cerning the successiue right of the one and the other In this argument the Doctors that make the obiection doe not note that the same was first aduised for the benefite of the neuewe ne oneri tutelae astringatur Secondly that the reason of tutele is perticuler for the wealth and benefite of the pupille to the ende the eldest of those that are capable of the succession may only be admitted his gouernour Besides the qualitie of a tutor resembleth the procuration and preeminence which are not traÌ„smissible to the heires of whatsoeuer condition they be wherof proceedeth the reason whereby alio modo tenentur tutores aliter ipsorum haeredes conueniri solent Finally sith the succession of the libertin is in like sort disposed of the like regard must be had in the delation and decree of tutele for Iulian writeth si libertus intestato decesserit relictis patroni silio ex altero filio duobus ne potibus nepotes non admitteÌ„tur quandiu filius esset although it bee otherwise in ingenuorum successione because the right of patronage is meere personall itaque non transmittitur at verò in ingenuis the naturall affection of the father to the sonne or of the Grandfather to the Neuewe hath caused this representation to be euer obserued in the direct ligne and afterward in the collateral ex coÌ„stitutione principum And we also see that the goodes of the deceased libertine are parted by the number of heades among the patrons neuewes contrarie to disposition of common right in free persons whose vnder Children doe distribute the succession of their Graundsire by stockes in consideration of their Fathers already deceased 11 Sixtly they obiect that the gouernmeÌ„t of y â— sayd Lord Card. is more necessary to the realme because he is of more yeres and therfore better aduised more prudent and capable of publike knowledge in the worlde But this presumption sometime deceiptfull taken of the yeres of the successor must not bee preiudiciall vnto the right obteined to a third especially this third beeing capable of discretion and iudgement as is the King of Nauarre who goeth now in the 33. yeere of his age but also more perticulerly in the succession of this realme wherein so farre are wee from preferring the eldest that eueÌ„ our selues doe admit children in their Cradles and Infancie to bee our lawfull Kings as apeareth by the Historie of Sainct Lewes who was consecrated ween hee was but nine or tenne yeres ould of Iohn sonne to Lewes Hutin borne after his fathers decease who liued but fifteene daies and dyed in his Iorney toward Rhemes to bee consecrated of Charles the eight who was crowned in his infancie as also was the late Charles the 9. in our tyme. The like whereof haue bene very religiously obserued in all successiue Realmes and kingdomes In Iudea and Hierusalem Dauid Salomon Azarias Manasses and Iosâ—as were annointed in their youth Augustulus a yong childe was Emperour of the West although in his nonage whereof saith Procopius he was named Augustulus Athalaricus was but eight yeres ould when hee succeeded in the Realme of the Gothes vnder the gouernment of his mother Amasasiuntha Baldatus being almost in his Cradle was King of the Lombards Sapor was declared Monarke of Persia in his Mothers wombe Herodotus rehearseth the Historie of Aeropus King of Macedonia who being in his swath was caried in the Army against the IlliriaÌ„s and presented to the Souldiers who seeing him were so embouldened that they defyed their ennemyes and expelled them their couÌ„trie To be briefe Agathius maketh mention of the auncient Lawe of our French men whereby the children how yong so euer were called to their fathers Realme Their seauenth obiection is drawen out of a rescript of Pope Innocent the third wherein he threatneth Andrewe the second sonne of Bela the third King of Hungary that if he fulfilled not his fathers vowe in going into the holy land he would trasport his crowne to his second brother to which iniunction the sayd Andrewe obeyed very carefully and after for beating the Soudan of Babilon was surnamed Hierosolomitan But touching our question it doth not in the text appeare that there was euer a Neuew sonne to Andrewes brother that might resist or make head against the second brother so that this decretall maketh nothing to the purpose no more then the discourse of Pope Clement the fifth against the Emperour Henrie of Luxembourg in fauour of Robert the second King of Sicile whome vsually they alledge in the proofe of their aduice The eight reason by our Doctor alleadged is taken of the rule of auncient right whereby wee ordinarely saye that where the condition of the person maketh place for the benefite when the one faileth the other also perisheth But the age and perticuler forebirth gaue this priuiledge to the late Antony of Bourbon King of Nauarre therefore his Sonne cannot haue the like right as not hauing the sayd qualities besides that when the Lawe hath giuen any thing to the sonne the same neuer passeth the wordes of the decree as ordinarely we say tutorem datum ne potibus ordinatum non censeri This reason conteyneth the same that the former and so to be aunswered that it were to true if the person were the onely cause of the priuiledge as appeareth in the consulters examples But wee haue sayd before that in our question we regarde not so much the person of the elder as the qualitie in him resideÌ„t whereby the right and cause of succession is to him obteined which is not extinct with the person sith now it cleaueth
their owne and if they may to seaze vpon this Crowne which they haue leueled at euer since the decease of the late Henry the second without employing themselues in any other affaires then seeking the meanes to atteyne thereto yea euen partly they giue out that it were better to conquer the Realme of France then to goe to Hierusalem to seeke for the succession of Godfrey of Buillon I doe therefore most humbly beseech the Queene the Kings mother whom our Espaniolized Frenchmen doe call vpon for their succour to be ware of being deceiued in the faire pretences of these conspirators but to assure her selfe that notwithstanding whatsoeuer their flattering sweete tongue they will neuer bee satisfied but with the life and Scepter of her sonne her selfe Moreouer I beseech God to graunt the King the wisedome of SalomoÌ„ wheÌ„ his mother Bethsabe came to desire him to like of the mariage of Adonias with Abisag the Sunamite who had bene King Dauids Concubine in his latter daies vnder the pretence whereof he had vndertaken with the helpe of Abiathar the Priest Ioab and Semei to haue depriued the King of life and kingdome which this fountaine of wisedome speedely perceiuing after he had heard the petition of the Queene his mother in liew of graunting it and considering how this traytor vnder a false proposition had abused her commaunded to put him to death together with Ioab and Semei and depriued Abiathar of his Priestly office and function 28 Know we not the occasions of Dauid the Aduocates one of the wickedest men that euer liued iourney to the Pope and Court of Rome whose instructions these good Schollers doe from point to point ensue and those men that haue sene the same can tell whether their beginning and the course that still they take be not at large therein conteyned Who is he that perceiueth not the importaÌ„ce of the disputation holden at Sorbonne about three or foure yere since by a poore bachelâ—r draweÌ„ in who had dedicated his Theses to the Abbot of Cluny the late Card. of Lorrains Bastard Wherein hee did what in hym laye to prooue that it was lawfull for the people to depose driue out kill and murder tyrannous wicked euill liuing and Hereticall Kinges whereat the King beeing moued as at a most daungerous and detestable proposition this poore instrument of Satan was at the barre of the sayde Colledge of Sorbonne slaine by one who of late dayes haue withdrawen hym selfe loaden with Spanish Pistolets and Iewels and then cloked this goodly deede least the author of this so vnchristian learning and knowledge should by his mouth haue bene disclosed Might not we haue noted what seruants were procured to be placed abont Monsier the Kings brother and to what end amoÌ„g whom the forwardest had bene trayned vp in the Schole of these perturbers of our peace as being their creature witnesse that nowe he is with them and then vsed all his endeuour to plonge that yong Prince in all voluptuousnesse lechery and heate of youth yea hee did better his businesse for hee betrayed him to the King of Spaine sould the Spaniard to the States and the Huguenotes to all others Whereby hee made money of all with the price of the honor reputation and life of his Maiestie or rather of all France The like did also three or foure other bad parsons who all had bene brought vp and were giuen to his highnesse by one selfe hand to the ende to habandon hym for a praye to the first mischaunce that might happen among a greate number that night and day they deuised for the atteining to their entents yea they went so farre as to set him at debate with the King his brother and by meanes of some of theirs that were neere to either of them to cause nature and bloud to liue in mistrust of it selfe so to procure the ruine and losse of one or the other or of both togither and with them of this miserable Realme During which their sleightes they did neuerthelesse perticulerly thinck vpon the king whom when they found to be merueylous zealous in Catholike religion they began to practise some Spanish workemen to drawe vnto him and vnder the vaile of Religion to bewitch him and so wholy endeuoured themselues if they could to haue cast him headlong into some mishap as great as the same wherein they ê“longed poore King Sebastian of Portugall who by such meanes serued for a warme breakefast to the Spanish King and got hym a faire corner of lande through the subtelties of the Spanish Iesuites concurring with the Portingal Iesuites or peraduenture both coÌ„spired against the estate of that poore yong King so to cause hym desperatly to venture hym selfe whether he dyed with him the Scepter of Portugall which vndoubtedly God had long vsed to the great benefite blesse of all Christiandome These were the driftes of the good seruants of our Kings who thanked bee God was more circumspect and wary to put from about him such wicked spirites Certainly it is most necessary and expedient for a King to be Christian deuout zealous of Catholicke faith and to feare God but withall it is most daungerous for his person and Estate if hee become supersticious and an hypocrite First he thereby loseth all iudgement to discerne the enuious friends or enemies to his Scepter then he forgetteth the principall cause for the which he is a King which is the care and gouernement of his people for the exercize whereof onely he is bound chosen and bound to serue God in that ministerie lastly in the world that we liue in amoÌ„g the most corrupt soules that euer were the whole worlde doth mistrust and wonderfully suspect him whom they see make so great a shewe whether for enuy that euery one beareth to his more then common zeale either els for that in trueth it often falleth out that things of greatest apparance conteyne least trueth Now then these malicious persons haue but one onely subtile entent left which also it is meete for the people to knowe For yet they goe reasonably gently about their matters and doe giue out that they require onely abolition of the Edicts of pacification and to procure the exercize of one onely Religion in France to the ende vnder that pretence to embarke the King and almost to force him as aforetyme fearing least the ouer long peace of this Realme should close vp the passed vlcers they had done to breake off that amitie and good wil which it pleased him to shewe to the King of Nauarre and those of the pretended reformed Religion so that by such meanes they will cause him with the sworde that he should holde in one of his hands to cut off the other wherof must ensue the losse and sworne death of the sayde Lorde King of Nauarre against whose person perticulerly as beeing their principall mark they are determined to arme themselues After whose end also if the King of whom they shall then
the Tyrants tormentors of their consciences and abusers of the honors that they haue receiued of our Kings and the Princes of the bloud of the house of France Let them marke the miserable ende of Absalon and Achitophel his counsaylor against the Maiestie of Dauid of Adonias Athalia and infinite others who with their conspiraties haue dyed in confusioÌ„ and miserie Oh noble Frenchmen will you abide in the world I will not say to looke vppon but which is more to hasten and aduance the cursed drift of the translation of the scepter of the Flowerdeluce out of the hands of your King and the Princes of his house to whom only you doe owe your condition your welth and your very life not in courtesie and honestie onely but by Gods expresse coÌ„mandement who hath therewith burdened your consciences Wil you more then villanously forgoe that great commendation which all nations in the world haue so greatly commeÌ„ded and honored in you for being more faithfull and ielous of the hononr and seruice of your Kings and Princes of their bloud then any nation that euer was vpon the face of the earth Will you stand as instruments and offer the ladder to those y â— wrongfully would make them selues Kinges and cause you to commit the most abhominable fellonie that euer was conspired Doe you not plainly see that those who doe sollicite you are not able to vphoulde you as hauing no other meanes then such as your enemies minister vnto theÌ„ to whom both you and they shall serue for pasture the next day after Is it not most certaine that they cannot pretend sith God hath giuen vs a King I will speake without sâ—atterie as wanting the honor to bee knowne of his Maiestie of whom the least of them can not saye the pertinent occasion of his discontentment but yet when GOD shall haue wrought his wil vpon him are ye not certain who ought to be his successor Liue you not vnder a Christian Monarchy that hath lawes established for that purpose Would you liue to be called corrupters and perturbers of the foundations of the Crowne vnder the which and by the succession whereof your fathers haue obteyned and left vnto you the name honor and title of Nobilitie which ye beare What weene you the curious posteritie may thinke of you when they finde it written that the French Nobilitie tooke Armes against their King to name vnto him a successor and vnder the pretence thereof to depriue him of all authoritie respect honor vnto him due euen by him that should succeede him according to the Salick law who with this declaration should stil be assisted by these firebraÌ„ds of this tyme to the ende to make him withstand and ecclipse the bright sunne of his Maiestie What opinion would you wish Christian Princes to conceiue of your fidelitie when they shall knowe that without regarde of your bond to this Crowne you shall haue assisted the enemies therof against your King and the Lawes of the Realme Would you your King should haue occasion of ielouzy against him whom they pretend to cause to be nominated who also by such as shall haue aduaunced him might bee perswaded to lift his hornes ouer high and so to become a censor ouer his Lorde To be briefe I tell you the world could neuer beare two SuÌ„nes What greater recoÌ„pence may ye hope for of straungers that you knowe not then of your naturall Princes whoÌ„ God by his holy wil hath established ouer you Is it not felicitie enough for you to bee borne men to bee made Christians to haue bene brought vp Frenchmen See ye not well enough that the Lord Cardinall of Bourbon is but the vizard and pretence to runne into armes for the glutting of their ambition there is great zeale and likelihood in their deedes wheÌ„ they would name a successor aboue 60. yeeres olde broken and crooked to succeede a young King healthie lustie moderate in his exercizes and maner of dyet yea and all this contrary to Iustice and the lawes not onely of this Realme but also of all other the best ordered Estates that euer were whereby together with infinite reasons I haue shewed you that it is the King of Nauarre to whom the same should apperteyne Shall I with Cicero speaking of Cesar and Pompey tell you all They here offer vnto vs y e Image of the Lord Cardinall of Bourbon but would set vp their owne They will with that good man arme them selues and become more Kings then he whoÌ„ they make shew to loue more then any other and yet doe they loue themselues better euen to the preiudice of your honor life memorie and reputation if ye take not heede so that God will vndoubtedly suffer them to be swallowed vp when they haue bene the occasions of infinite murders robberies and spoyles For the letting whereof as also of all other mishap or destruction that wee attende of such ciuill warres as vnder this contention are brewed let vs withdrawe our selues to God and most humbly beseech him to order our hearts in one consent according to his holy will to the ende according thereunto wee may acknowledge and embrace our King who is the same to whom next after God we owe al and after the diuine power ought to bee vnto vs aboue all Let vs also weete that next vnto him we are bound to haue respect vnto him whom it hath pleased God to cause to be borne into the world to gouerne vs in the Royall dignitie whensoeuer it should please him to call away our king without issue capable of y e Crowne and together with him whom for vs he hath elected and blessed in his mothers wombe let vs with one heart and minde crye peace peace bee among vs glory to the Lorde on high and peace and good will vnto men Amen FINIS Sigisbert in his Chron. Sigisb fol. 233. Idem fol. 595. Idem fol. 596. Idem fol. 597. Idem fol. 599. Idem fol. 601. Sigis. in his Chron. Heman in his contraction of Chron. Idem Sigis. fol. 611. Idem fol. 612. Idem fol. eodem Munster Cosmog Sanso in his Chron. Vign in the orig of the French leg Salic lib. p. ca. 26 Paul Aem. in Philip. Vales Concil vol. 2. cap. 4. fol. 739. I. vel agnatis ff de relig l. ius sepulchri C. cod Ign. in disput an rex Franc. recog snper Mol. in coÌ„s paris tit p. ff 8. Bald. in ff vnic de feud March Ioh. de Teran in lib. coÌ„t reb reg Tract p art p. coÌ„cil 9. 10. 11. 12. Guil. de Month. in tract de suc reg Franc. l. 9. ff desp l. 32. parag si quis spon sam ff de don int vir l. 66. ff de iur dot l. 65. ff de don int vir l. 30. ff quand die leg ccd â— 10. ff de cond de monst l. 13. parag si minor ff ad leg iul de adult l. 4. ff de rit nupt l. 17. 18 ff de
A CATHOLICKE APOLOGIE AGAINST THE LIBELS DECLARATIONS ADVICES AND CONSVLTATIONS MADE WRITTEN and published by those of the League perturbers of the quiet Estate of the Realme of France Who are risen since the decease of the late Monsier the Kings onely brother By E. D. L. I. C. Answere a foole according to his folly least he should thincke him selfe wise Prouerb 26. ⧠Imprinted at London for Edward Aggas THE PREFACE to the Reader O Christian and Catholick Frenchman neuer was there offered better meanes then at this time to discouer and smel out the subtelties of our enemies with what money Sathan vsually paieth his seruants whē we see some of thē so blinded that beeing vppon the poynt of their destruction they promise to themselues all assuraunce still coueting to conceale their abhominable wickednesse with sleights shiftes and lyes Neuerthelesse when they do most hide themselues they are foonest spied For to say the trueth what goodlier or more apparant pretēce could the perturbers of the quiet of our Fraunce take holde of then Religion and the reliefe of the people but as the enemie of trueth hath allured thē vnto him by lyes so hath hee for their repaste left them no other foode vpon his Table and yet doth that also faile them when they make it an vsuall messe and trueth remaineth Mistresse According hereto the lyes and horrible slaūders that to this day haue bene spued foorth against the King of Nauarre the Lord Prince of Condie by certaine straungers enemies to this Crowne the Royall Progenie vnder the pretence of zeale of Religion doth ouerthrowe them because cōtinually they haue sought to perswade our souraigne Lord the King and all the French Nation that these Princes were his euill seruaunts Rebels and disobedient persons enemies to his Estate in the preseruation and encrease whereof they haue greater interest then any other worldly person next vnto his Maiestie vnto whom they haue the honor very nerely to appertaine As also in truth we are hartely to giue GOD thankes especially in that after so many false and slaunderous inductions made vnto the most Christian Maiestie against these two Princes his good kinsmen and most faithfull subiects and seruants by whose reliefe this feeble weake and pale Realme hath oftentimes escaped falling it hath pleased him to open the Kings eyes to let him perceiue that all the illusions vnto him presented tended only to the ouerthrow of himself his Crowne and Estate in offering hetherto to his viewe one thing in liewe of an other For herevpon his Maiestie smelling out the causes of passed mischiefe hath finally in earnest done as the good Phisitiō who whē he seeth his Patient pale weake faint and grieuously sicke beginneth his cure with bringing him to his bed discharging him frō all painfull toyle causing him to take some rest euen so our King casting his eyes vpō his poore realm afflicted with ciuill warres which so long haue bene kindled vnder a false and slaunderous pretence to the end to begin the cure hath first sought to set it in peace that after some time of rest he might haue better opportunitie to heale the rest of the causes of the disease to put from about him those who vnder his authoritie had by their false wicked perswasiōs so hardly entreated it Which when his euill Councellors perceiued seeing that they could no longer goe forward in the same path they haue sought with open play to compasse that which so lōg they had craftely practised now haue plainly shewed that it was the State Crowne that they leueled at procuring the writing of diuers Libels aduices and consultations of their suffragās to the end not only to diminish and blemish the King of Nauarres vndoubted lawfull succession if it should please God to worke his will of the Kings Maiestie without leauing any issue Male but also to aduaūce their own false slaunderous and supposed titles and pretēces Howbeit although the said Lord King of Nauarre neede not yet to pleade his cause or presently to aunswere all these sleights and counsailes of the wicked in respect of the sufficient terme small likelihood of occasion euer to put the same in executiō cōsidering the King is thāks be to God yong in health in good disposition together with the small interest that in my opinion the sayd Lord King of Nauarre pretendeth to any such successiō as being a Prince both wise circumspect such a one as hath not so smal forecast but that he knoweth vndoubtedly that the greatest wealth reliefe good hap contentation that may redound to him cōsisteth in the prosperitie health long and happie life of the King his Lord to the ende perpetually to be vnder him the same that he is to liue vnder his liking in his protection wherby vnder the fauour wherof he shalbe not only preserued from the cōspiraties which his enemies worke against him but also which is more if it please God to encrease him he shal alwaies be by the King fauoured aduanced vnto whō he hath the honor to be the first Prince of his bloud Neuerthelesse how euer it be I do not thinke that any man at this day cā with reason and iudgement conceiue any bad or sinister opinion of the sayde Lorde King of Nauarre though he lay open his iust causes sith those that haue no right and for whō there can be no likelihood at all are so impudent rash vndiscreete as to bring to the barre a matter wherevpon euen their most affectionate seruāts durst not before haue thought which to saye the trueth is one of the cōsideratiōs that moued me to set hand to the pen to the aunswering of such diffamatorie Lybelles discourses aduices cōsultatiōs as within this yeere haue come to my hands and I protest that I haue done it without either cōmaundemēt or commission of the sayd Lord King of Nauarre vnto whom I neuer had the honor to approach neither is it of any affectiō or desire to aduaunce the Religiō that he professeth sith my self am and all my life time haue bene a Catholick and liued vnder the authoritie of the Apostolicke Romish Church But the onely cause hath bene that being borne a Frenchman I haue thought it my duetie to vphold the rightful cause of the French Princes vnto whome after his soueraigne Maiestie for whose seruice we are naturally bounde and holden to procure all honor wealth prosperitie to maintain and defend them from slaūders and such deceipts as Sathan would stirre vp against their excellēcie greatnesse besides that euery mā may perceiue that these Tragedies are kindled to the vtter ruine losse fubuertion of this miserable Realm so as the loue of my Countrey Christian piety and that compassiō that I take in beholding my fellow Citizens and my self with them in daunger to consume our selues in that fire that by those ciuill warres which vnder this
naturall princes mainteine the one part which is least plausible and agreeable with the French nation much lesse aucthorised by Princes and forrein potentates whose weapons they hope to vse when neede shall require To the end also with lesse labor and greater pretence to hoyst vp the Ladder of their driftes they haue procured the writing of a number of bookes which within these fewe yeres are come to euery mans hands concerning the discents of the Princes of Lorrain whome gladly they would bring aboord into this quarrell if possibly they could meaning with them in mens hartes to imprint falsely to perswade that our Kings and Princes are no lawfull Successors but tyrants and vsurpers of this crowne from those of the auncient race of whome they would make the Lorrains to be discended so to procure them to be Captains of their conspiracie 2 But these Princes haue euermore sought to bee accompted too wise iust and vpright dealers to haue their eares so ticklish as to let them selues be led with such false inductions which could bring them no other but speedy shame perpetuall ignominie of their race for doing as the husbandmans Serpent who when hee had well refreshed himselfe at his fier would haue driuen him also out of his house As also to shewe that they neuer thought vpon so detestable a deede That euery man therefore may knowe it to be too euident an abuse to say that they be come of the famely of Charlemagne I will vse onely that Booke that themselues did in the yere 1549. to cause Edmond of Boulay the chief Herault and King of Armes of their house to publish wherein with the common opinion they doe mainteine that Charles of Lorrayn brother to Lothair King of France the last of Charlemagnes posteritie of whom the seditious do make so great accompt left a Sonne named Ottho who was Duke of Lorrain and died without issue so as in him ended the males of Charlemagne In deede the said aucthor saith that Godfrey with the beard Earle of Ardenne succeeded his Cossen If then he were Cousen to the said Ottho the same kindred might come by beeing discended of a daughter of the said Charles wife to LaÌ„bert Earle of Bergues or Monts who was Merquize of the Empire Earle of Brabant so consequently by the Salique Lawe vncapable of this Realme By reason whereof Pope Benedict the eight beeing at Pauy with the Emperour Henry the second and Robert sonne to Hugh Capet in the yere a thousand two hundred and three declared the sayd Robert to be lawfull King and Lord of the Crowne of Fraunce Besides the Author is forced to confesse that this Male ligne of Godfrey Countie of Arden failed againe and fel into the person of Ide wife to Eustace Countie of Bolongne on the Sea the father and mother to Godfrey of BoloÌ„gne King of Hierusalem who in Lorrain succeeded his vâ—kle by the mother Godfrey with the crouch backe so doe the Males of the house of Bologne are by the same writer continued vntil Lady Isabell the onely daughter and heire of Charles Duke of Lorrein who in the yeere 1418. maried Rene of Aniew pety sonne to King Iohn of Fraunce Thus we see by the domesticall testimony of the Princes of Lorrein the third distaffe in the house of Lorrein since the sayd pretended Ottho Sonne to Charles of France of which the first had bene sufficient to depriue them of the Succession Royall not withstanding their auncesters had drawen their Orriginall from the Masculine house of the saide Charlemagne For in respect of the house of Aniew extract out of the royall stocke of Fraunce and grafted into the Dutchy of Lorrain by the marriage of the said Rene with Isabell of Lorrain the same Lorrain Historiographer agreeth y t it ceased in Nicolas Marquize of Pont sonne to Iohn the second that dyed in y e yere 1433. whose succession was gathered vp by his Sister Yolland wife to Ferry of Vaâ—demont who was the yonger of the auncient house of Lorraine sonne to Antony sonne to Ferri brother to Charles Father to the foresaid Isabell 3 I will and that truely auowe that the house of Lorrain now being is so farre from being issued out of the race of Charlemagne either by Male or Female farre or néere that contrariwise the Dutchy of Lorraine hath chaunged stock or family fower or fiue times since the posteritie of Charlemaigne First in the house of the Counties of Ardenne when after the decease of Ottho Sonne to Charles of France in the yere 1005. Henry the second Emperour gaue Lorraine to Godfrey the sonne of Godfrey Earle of Ardenne whose seruice he had vsed against the sonnes by whome the Duke of Lorrain had bene emprisoned and soone after deceased without issue After hym succeeded his brother Gothelo in the yere 1019. in the time of Robert King of France Then in the yere 1033. Conrade the Emperour gaue to Gothelo Mosele after the decease of Frederick Earle thereof so as hee grewe mightier in Lorrain then before Against this Gothelo marched Odo Earle of ChaÌ„pagne seazed vpon Bar but the Lorrain gaue him battaile wherein the said Odo deceased Gothelo had a sonne named Godfrey vnto whom the Emperour Henry the fowerth refused to giue the Dutchy of Mosele and therefore hee would not also be Duke of Lorrain but in the yere 1044. rebelled against the Emperour who tooke him prisoner and after released him taking his sonne for Hostage who being dead the father reuolted again stirred vp Baldwin Earle of Flanders to help him to warre vpon him And this Godfrey slew Albert to whom the Emperour had giued Mosele for which cause the Emperour inuested Euerard of Alsatie in Mosele Fredericke vnckle to Baldwine of Flanders in the Dutchy of Lorraine Godfrey seeing him selfe so oppressed passed into Italie and there maried the daughter of Marquize Boniface but was by the Emperour soone after driuen out of Lomberdie wherefore he retired into Flanders and accompanied with the saide Baldwine besieged Fredericke in Antwarpe but the Lorrains came to his succour This Godfrey had a brother called Frederick sonne to Gothelo who retourning from Constantinople became a Monck at Mount Cassin and was after y e 157. Pope called Steuen in the time of Henry King of France After the decease of Frederick of Flanders inuested in the Dutchy of Lorraine Euerard of Alsatye was Duke of Lorrain but both the said Godfrey Euerard being dead in the yere 1070. the Emperor gaue Mosele to Deoderick son of the saide Euerard and restored Godfrey with the crooke back sonne of Godfrey aforesaid to Lorraine This man wholy destroyed the Frizons but was in the end slaine by Richarius in the yere 1089. so as by his death began the second house of Lorrain in the person of Ide sister to the last Godfrey with the crouche backe and wife to Eustace Earle of Bolongne whose Children were Dukes of Lorrain
such writings as guiltie of treazon haue dissembled this meane and flatly disaduowed the miserable wretches who for the publishing of these vntrueths had hazarded their liues But returning into the path of their first entent since the death of Mounsier the Kings onely Brother they haue perswaded themselues that his Maiestie may one day happen to dye without issue But howsoeuer it be prouiding long before for their affayres they haue coasted and sought to winne one of the first Princes of the blood discended of the house of Bourbon the true and onely Heyre of the Crowne if it should please God so farre to punish vs as to depriue vs of our good King without issue male and haue gone about to perswade this Prince that it is he who ought to be the lawfull successor and therefore that he had neede presently and alreadie to cause the same openly and with effectual and stroÌ„g reasons to be published 6 Wherein both the one and the other doe highly offend the Kings owne person in that in his life tyme they dispute of succession which if it might please God to sende him a sonne to enioye it shall neuer fall to them besides that thus thei seme to coÌ„spire his death which in effect is as much as to league themselues against nature against good maners against Christian pietie against that good will which we owe to our King vnto whome we are bound to pray for good wish for good and prognosticate good and therfore to waite for such his hap and misfortune is repugnant to all lawes ciuill and naturall Neither can good men like that against the Kings will and during his life men should argue or call into questioÌ„ the doubt of his succession which is nothing so long as it shall please God to leaue him in the world Vpon this cause did the fifth Counsaile of Toledo in Spayne which was holden during the Popedome of Honorius the first about the yeere 622. in the tyme of Heraclius the Emperour and Chintillus King of Spayne by decree excommunicate all such as do enquire or seeme to haue any care or doe seeke to vnderstande who shal be their King after him that hath the Scepter Because then saith the text it is repugnant to pietie and daungerous to man to thinke vpon vnlawfull matters to come or to enforme themselues of the accidents of Princes or in respect thereof to prouide for the time to come for it is written It is not for you to knowe the seazons and tymes which the Lorde hath reserued to himselfe wee doe by this decree ordeyne that if there be any informer of such matters and who during the Kings life respecteth any other in hope of the Realme or that allureth any vnto him in that respect that the same be by senteÌ„ce of excommunication banished the companie of the Catholickes The same decree was reiterated in the sixt Counsaile holden in the sayd Towne of Toledo whereto was added a very conuenient reason whereby the Authors of such discourses are reproued as men curious of the tyme to come whom God will not peradueÌ„ture permit to attaine thereto Mark therefore how such people who would bee taken to be zealous of Catholicke religion and the Commonwealth do by making such questions offend God and his holy Church 7 Furthermore this good Prince of whom they seeke to make a buckler is if it please him to consider that these alterations are wouen for the subuertion of him and his famelie to the ende that beeing by the force of the same disunited and deuided the Authors of this faction may remaine Maisters of both partes and by the losse of the one may more easely disperce the other That this is so it appeareth by that Lybell that secretly they disperst abroade into our hands wherein is one of the most impudent maximes that they dare set downe namely That no one of the Princes of Bourbon and doe expressely name the person of the Cardinall vnder whom neuerthelesse they would shroud theÌ„selues is capable of the succession of the Crowne of FraÌ„ce because now they are growne beyonde the tenth degree of agnation to the royall house whereby onely enheritances and successions are by the Ciuill lawes deferred to the neerest and beyonde the which also the heritage beeing vacant shoulde come to the fisck which in this cace is the assembly of the Estates and Peeres of France who are to proceede to a newe election But herein they doe malitiously deceiue themselues because the royall title of the Crowne of Fraunce is not simply a patrimoniall enheritance or feudal neither runneth by simple enheritance ciuill but the neerest of the bloud royall is thereto called by succession and surrogation perpetuall without ende after the order of consanguinitie or masculine agnation whether he be or be not particuler heyre to the King deceased in his owne proper goodes Also say our Maisters this right of the Crowne is in deede not hereditarie but of the famelie and of whom soeuer appertaineth thereto notwithstanding no one of them might be heire to the deceased Wherevpon Balde others that haue particulerly written of the succession of this Realme doe vpholde that therein succeedeth the next of the Kings bloud being come of the male although he were 1000. degrees of and that by the right of bloud and perpetuall custome of the Realme therein bringing for especiall example the famelie of Bourbon which onely after the famelie now raigning is to succeede in the Crowne of Fraunce Besides that returning to our purpose all the reasons that may be alleadged in the behalf of this Prince or of any other whosoeuer except of the King of Nauarre haue so small likelihood that euery one may soone iudge that those that haue set abroach this matter are mere perturbers of the peace and lawes of this Crowne particuler enemies to the house of Fraunce but chiefly to the sayde Lord Cardinall of Bourbon in that they endeuour themselues to ship him in this so vniust a quâ—rrell and to perswade him to leaue such a blemish to his memorie that the posteritie maye saye that so great a Prince as hee wise and discreet a Clergie man euen from his youth being now come to y e Graues side should without reason bend hymselfe against his owne blood and peraduenture be an occasion or instrument to the enemies of his Family to depriue his blood of so faire great and mighty a realme which the lawes thereof hath prouided them if God should not send the King now raigning a sone 8 Now to the end to lay open mine intent I willl say no more but the trueth which is that among all such as professe obseruing of the estate and gouernment of auncient common wealthes this Realme of Fraunce will appeare to be one of the most assured and best ordered that euer was in the world which also through the Lawes and politicke gouernment thereof hath longer continued then euer did any other Monarchie howe
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
the said lord King was married to the Duke of Cleue when she ioyned with the said Lord Anthony and so consequently the King of Nauare discended of the said Anthonie of Bourbon and Iane of Albret is illegitimate and vncapable to succede in the Crowne of France wherin Basterds did neuer succeede 2 This point is easie to bee answered by the trueth of the matter which is that the late King Francis the first desirous to drawe to himselfe and to disunite from the Emperour Charles the fifth the Duke of Cleue vrged forced his sister Lady Margaret of FraÌ„ce and Henry of Albret King of Nauarre father and mother to the sayd Iane who then was a yong Princesse of eight or nine yeres of age at the most to marry her to the sayd Duke of Cleue with whom the solemnitie was accoÌ„plished and the maiden conducted to the nuptiall bed in the Towne of Chastelerauld but before the time of mariage was lawfully perfect and accomplished in the said Lady Iane she complayned of this pretended marriage crauing the dissolution thereof which by the sentence of the Church and the Popes dispeÌ„sation afterward in the yeere 1541. enrowled in the Court of Parliament was broken After all which acts the said Anthony of Bourbon father to the sayd Lord King of Nauarre maried the sayd Princesse 3 It followeth therfore that the pretended mariage betweene the sayde Duke of Cleue and the sayd Iane of Albret was voyde and of no force or effect as well by the Ciuill lawe of the Romaines which ordinarily we do vse as by the holie decrees of the Catholicke Church Antistius Labeo and after him Papinian Vlpian gaue sentence against Saluius Ialianus A maideÌ„ vnder twelue yeres of age brought into her husbands house is not so much as espoused if the affâ—ancing weÌ„t not before In an other place Papinian arguing whether the promise of dowrie eonteineth in it a condition if the marriage doe ensue setteth downe for an assured resolution That if a maiden vnder twelue yeeres of age be brought into her husbands dwelling house hauing there accomplished her lawful age she may as of age require her dowrie Labeo vpon the propoâ—itioÌ„ of donations by the husband made vnto his wife which in lawe are prohibited maintaineth that whatsoeuer the husband giueth to the pupill his pretended wife is in Romaine pollicie good and of force In an other place he saith Whatsoeuer is bequeathed to a pupill at her day of mariage if she coÌ„tract matrimonie before her perfect age the gift is deemed vnprofitable and the condition iudged not to be performed which Vlpian doth expressely confirme In an other place the same Author repeateth the rescript of the Emperour Seuerus whereby the husband is forbidden in the qualitie of a husband to accuse his wife of adulterie coÌ„mitted during her noneage Pomponius hath left vs the generall rule of this question in writing conteining A maiden vnder twelue yeeres of age shalbe a lawfull wife when in her husbands company she hath atteyned the sayd age of twelue yeeres Which likewise Vlpian and Paulus doe repeate in their discourses vpon the priuiledges graunted to the wife for the redemand of her dowrie 4 The holy decrees of the Cath. Church are full of such decisions Pope Euaristus who held the Sea of Rome about the yere of Iesus Christ 110. confesseth that he had learned of y e fathers his predecessors that the inequalitie and insufficiencie of age doe make the wife vnlawfull Wee reade a decre of the Counsaile of Foruile holden vnder Charlemagne and Pepin his eldest Sonne concerning this question Moreouer saith the text For the remedying of all we forbid all persons to ioyne in matrimony before their ripe age also all such as are of vnequall yeeres in any wise to match together but only those who in respect of equall birth beare like minde and consent Pope Nicholas the first who sat about the yeere 858. to the same effect writeth That where consent wanteth it is no mariage Such therfore as doe make alliances of their children being yet in their cradles do no whit bind theÌ„ vnlesse the coÌ„ioyned hauing atteyned the yeres of discretion doe allowe thereof notwithstanding their parents would marrie them Vpon this text also Iohn Andrewe teacheth vs that wee must enquire the willes of the pupilles when they are of ripe age therein following that which Pope Marcel coÌ„curring with the seconde decree of the Counsaile of Toledo hath written of those who before the tyme appoynted doe make and promise the vowe of Religion for although according to Isidore Puberes doe take that name of Pube that ripe age appeareth in such as are able to engender yet must wee not iudge this habilitie by the onely naturall power in the act of generation but by the iudgemeÌ„t counsaile and discretion of the will because marriage is an act of discretion pollicie and housholdrye euen as the making of a Will Which was the cause why Pope Alexander the third declareth that such as before the age of discretion are married both may and ought by the censure of the Church to be seperated considering they haue not consented if when and after they haue atteined ripenesse of iudgement they doe not ratefie the same or that there haue beene no carnall knowledge betweene them in which case Malice is sayd to supplye age This the sayd Alexander decreed by the authoritie of the Connsaile of Lateran holden in the yeere 1180. in the assembly of 280. Bishops Vrban the third writing to the Bishop of Mans declareth that these constitutions ought to bee obserued yea notwithstanding the two conioyned had done their endeuours to corrupt each others virginitie Innocent the third also doth iudge such a pretended marriage to bee rather a simple promesse to contract in tyme to come then any certaine or firme obligation for the tyme present Vpon which reason also the aforesaid Pope Nicholas expressely forbiddeth the ceremonies institued by the Church as the blessing and others before the age prescribed and ordeined for lawful mariage leasâ— they should be ministred in vaine then could not easely be reuoked This haue not bene obserued in the West church only but also y e Emperours of the East haue caused their Subiects religiously to keepe the same as a matter most holy and Catholicke As wee reade in their nouel CoÌ„stitutions wherein they haue moreouer proroged the tyme of mariage vnto 13. yeeres in the maiden and to 15. in the man expressely decreeing that the blessing giuen before that age in such coniunctions shall bee of no effect or force to make the marriage indissoluble but bee accoumpted as a simple promesse or ciuill couenant Furthermore to proue that the East Churches haue allowed of these constitutions Balsamen Patriarck of Constantinople doth to the same purpose repeate some decrées of Nicholas Patriarck of Constantinople and of Simon Metropolitan of
Greece Also among other the Ecclesiastical aunswers of the Patâ—iarkes of Constantinople is to bee seene this of Germanus to the Bishop of Ara who enquired how he was to proceed against a maiden that had bene blessed and corrupted before her ripe age also against the Priest that had ministred these ceremonies Whereto aunswer was made that the maid should be seperate and the Priest put from his charge 5 As in trueth in all well ordered Commonwealthes there haue euermore bene established a certaine age for the conioyning and mariage of the Citizens of the same because as saith Fulâ—entius the lawe of mariage is by the will of God ordeined fâ—r hauing of issue it is meete that it be contracted at lawfull age So as by the pollicie of some Citties it was considered that the tyme of generation doth for the most part by nature ende in the man at the 70. and in the woman at the fiftie yeere Aristotle is of opinioÌ„ that after that age mariage is not to be permitted Whereto seemeth to agree that which is found in the establishment of the Romaines Among whom those Citizens were not iudged to haue satisfied the lawe Iulia which was made for mariages who to the ende not to be subiect to the penalties limitted in detestation of vowed chastitie did contract matrimonie the man after sixtie yeres or the woman after fiftie For Iustinian also writeth that some accompted it almost a wonder in nature to see a woman with childe after she were fiftie yeres of age And it seemed such marriages were contracted not so much in hope of begetting children into the CommoÌ„-wealth as in respect of some wealth or other perticuler commoditie that the one hoped for of the other by which reazon wee reade that Antigonus perswaded his sonne Demetrius to marrie an old woman named Philla vsing the authoritie of Euripides which he altered to his purpose and in liew that the verse said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he sayd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the ende the sence might importe that for some benefite hee should not differ the mariage of a wife though of a contrary age As on the other side also ouermuch youth was neuer accoumpted meete for the coniunction of mariage because therein generation cannot bee but lame and vtterly vnperfect the mother in greater daunger at her childbirth the father more vndiscreete in the coniunction and so the more hindered from atteining to that perfection and force which Nature reserueth to their bodies wherevpon the auncients imagined that the Idoll of Apollo gaue the Trezenians warning when he had them beware of casting their seede ouer hastely vpon the fieldes of their countrey 6 Finally concerning this present argument although the sayd Lady Iane of Albret had offended in marying with the late Antonie of Bourbon Duke of Vendosme because she had beene afore married to the Duke of Cleue yet were that no let why the King of Nauarre now raigning should not bee borne of the lawfull mariage of the sayd Antony of Bourbon his father who doing amisse that vpon simplicitie vnder the authoritie and in the face of the Church with publicke credite did solemnize the said mariage in which cace there is no doubt but the ChildreÌ„ of a putatiue mariage as say the Canonistes are legitimate because in a doubtfull cace senteÌ„ce must passe in fauour of the marriage and of the children borne in the same the question depeÌ„ding vpoÌ„ the simple meaning conscience of him that meaneth to marrie a wife for by the lawes and decrees of the Church opinion hath the vpperhand of trueth so as by the common resolution it is enough for the legitimation of children that either the one or the other of the coÌ„tracters ment good faith in that coniunction beleeuing it to be a thing lawful for him Thus doe you briefly see how children borne of such mariages are legitimate In our cace wee haue moreouer aduowed that the pretended marriage of Lady Iane of Albret mother to the now raigning King of Nauarre was voyd and of no effect and for such by all reason iustly broken and disanulled by the iudgement of the Church with whose authoritie the sayd Lady Iane was permitted to marie where she pleased which was not done without president For wee reade in the auncient Chronickles that for the like cause the Emperour Ottho the fourth was diuorsed from Margaret Daughter to the Duke of Brabant Lewes Daulphin of Viennois sonne to King Charles y e sixt a litle before he dyed vsed as some say the like pretence to returne Catherin daughter to y e Duke of Bourgondy home again In later tyme King Charles the eight of Fraunce in the yeere 1480. was by his father Lewes the eleuenth before hee was foreteene yeeres old affianced by words present and so by indissoluble marriage vnto Margaret of Austrich daughter to the Emperour Maximilian who being then but two yeeres olde was conueyed into Fraunce and there brought vp for the space of ten whole yeeres after the which they were neuerthelesse diuorced by a dispensation from Pope Innocent the eight who also for the like reason dispensed with Lady Anne of Brittaine and gaue her leaue to marrie where she pleased notwithstaÌ„ding during her minoritie her father Francis Duke of Brittaine had matched her with the Emperour Maximilian by proxye had celebrated the sayd mariage Nicholas Duke of Lorrain while his father Duke Iohn liued did in the yeere 1460. by present words affiance Lady Iane of France daughter to King Lewes the eleuenth and yet comming to the age of foreteene yeeres he did through the Popes dispensatioÌ„ betroth Lady Mary of Bourgondy Daughter to Charles the last Duke of Bourgondy whom he was going to marrie when death euen during the preparatiues of the solemnitie of the mariage preuented him So the manifolde decrees and iudgements passed in like matters doe manifest vnto vs the exceeding malice of the enemies of the sayd Lord King of Nauarre 7 Their seconde obiection importeth that the sayd Lorde King of Nauarre is an Hereticke and therefore vnworthy to succeede in the Realme of Fraunce whose Kings are intituled most Christian in respect of the oath that they take at their sacring in the hands of the Archbishop of Rheimes which is that to their powers they shall defende the Catholicke Religion and faith which the sayd Lord King of Nauarre cannot doe as professing an opinion already condemned by the Church and so consequently can not pretend aught in the sayd Crowne neither may the subiects thereof obeye him according to the decree of the generall Counsaile holden at Roome vnder Innocent the third about the yeere 1215. repeated out of the auncient constitutions of Theodosius the yonger Valentinian the 3. and Martian all most Catholicke Princes vpon the confirmation of the general Counsailes of Ephesus and Chalcedon and afterward recited by Iustinian the first in the fifth Counsaile of
Constantinople about the the tyme whereof he thereupon declared his will as is to bee gathered by the dates of the sayde Counsaile and the Emperours decree inserted into his last Code and afterwarde confirmed by sundry the nouell constitutions of the sayd Prince whereby hereticks are debarred all right of â—uccession Assuredly this obiection at the first blush beareth a great shewe but we must therein of necessitie resolue two poyntes the one of the lawe the other of the deede In the first wee are to dispute whether an heretick may be depriued of that Realme that falleth to him by succession as this doth to the King of Nauarre In the other whether in this present action the King of Nauarre may bee termed an Hereticke and as such a one bee depriued of his succession 8 For the first I saye and maintaine that those Ordenances of Emperors and Canonicall decrees which doe depriue hereticks of successions are written and speake onely of particuler Christians whose goodes and successions are subiect to the politicke lawes of the Magistrates of the land but it is otherwise in cace of Empires and Realmes which may not bee wrested out of their handes that are the true Lordes of the same either for heresie or other cause whatsoeuer because they be holden immediatly of the hand of almightie God and not of meÌ„ as it was argued and concluded in the Counsaile of Paris holden vnder Lewes the meeke Lothair his sonne Kings of France and Emperours about the yeere 829. which was ratefied vpon the saying of the Wise man Counsaile equitie wisedome knowledge are myne by me do Kings raigne and Counsailors publish their decrees in righteousnesse of me are Empires holden The like is to be read in the prophesie of Daniell The sentence is according to the decree of the watch men and according to the worde of the holy one to the ende the liuing may knowe that the most high hath power ouer the kingdome of men and giueth it to whomsoeuer he will and appointeth ouer it the most abiect among men The same Prophet soone after saith as much to Balthazar King of Babylon in representing to him the force of Nabuchodonozer the Monarke of Assiria The Prophet Ieremie in his speech of the King of Kings teacheth vs also I haue made the earth and man and beast vppon the face of the earth through my force and with my outstretched arme haue giuen it to whom it hath pleased me So that â—ubiects are not to search into their Kings neither are borne but to obey and serue whatsoeuer their Princes be without any further enquirie of their righteousnesse Feare the King and knowe that his election is of God saith the Apostle And when any of them doe commaunde or wield the Scepter royall it commeth of the fauour goodnesse and grace that God purposeth to extende to his people in graunting them a good King endued with pietie iustice and Christian Religion the others also are the scourges and roddes of his wrath and iustice whereof the Prophet Ozee saith In my wrath wil I giue thee a King And Iob Who maketh the hypocrite to raigne for the sinnes of the people for Gods wrath being kindled against vs he will sende vs a King such a one as our offences shall deserue because as it is written in the same booke of Iob If wee haue a wicked King wee are yet worse then he The place of Isidore is very fit to this purpose It is saith he a hard matter to make the Prince amend if he be giuen to vice for the people stand in awe of the Magistrate but Kings if they be not withholden by the onely feare of God and dred of the torments of hell doe abandon themselues to all libertie and runne headlong into the bottomlesse pit of sinne I say therefore that it is not for the people otherwise then with humilitie and obedience to controule the actions and qualities of their King but their duetie is onely to cast vp their eyes to heauen and to consider with themselues that by the wil of God the Scepter is fallen into his handes and power that beareth the Crowne whether he bee good or bad especially being there to called by lawful succession such as is in our France wherein by the Monarchiall lawe the people haue not onely referred al their power into the Kings hand and might but which is more haue also tyed their owne hands so as they can haue no redresse so long as any male of the bloud royall doe remaine according to the lawe of the Realme being the neerest male in agnation to the deceased after the generall custome of France yea notwithstanding he bee vnable vncapable and do want discretion to gouerne the Estate in all which causes they may only appoynt him a tutor and administrator of the publicke affayres the order wherof haue bene practized in our Fraunce vpon Charles the Simple and Charles the sixt For notwithstanding the Realme especially ours be not properly hereditary patrimoniall or fâ—udall yet it is successiue and falleth to the neerest not in qualitie of heire to the deceased but as to the next in bloud in masculin ligne so that consequeÌ„tly what euer he be he is called and whatsoeuer default be in his person either of age iudgement or what els soeuer yet may the Estates and Peeres of the Crowne do no more but appoint a tutor to gouerne him and by counsaile to supply whatsoeuer his imperfections because he was elected in heauen so soone as he came into the world All such also as shal resist him who by succession is lawfull King shall encurre the wrath and displeasure of almightie God because we are not to staÌ„d in argument or murmure against the deuine wisedome who for the afflicting of his chosen people and the house of SioÌ„ did many times suffer them to be gouerned by yong wicked franticke and vnfaithfull Kings yea meere Tyrants such as in Iuda were Roboam Ioram Ochozias Amasias Achas Ozias and others who were either Idolaters or misbeleeuers in the true God of Abraham Likewise in Israell Nadab Baaza Achab with his wife Iezabell Manasses and the most part of the rest of their Kings who raigned with more Idolatrie and tyrannie against the fauoured of God then in mans opinion was requisite With the like scourges also God hath visited his Church since y â— time of grace wherin it pleased him to send his deare sonne into the world with his most precious bloud to redeeme vs from our sinnes permitting to sit therein not onely many vnfaithful Emperours and Kings conspired enemies to our faith and heretickes but also particuler Pastors ordeyned for the feeding of the soules of Christians euill liuers and of pernicious example Constantine sonne to great Constantine Valens brother to Valentinian the first and Zeno sonne in lawe to Leo the first Emperours were Arriens Anastase and Iustinian the first of that name were
infected with the error of Eutiches Heraclius was a Monothelite The stories are ful of many Popes of Rome heretickes adulterers Magicians Scismatickes and men confect in a filthie quagmire of vice who all neuerthelesse did peaceably by Gods will sit in Moses chaire to the ende to punish and afflict his flock as he hath thought good by such Tirants whom with his owne hand he chose to be the executioners of his iustice and against whom the people neither ought nor might conspire for saith Panormitan sith they are not free but subiect they haue no power to transferre the iurisdiction or conferre the title neither is he accoumpted to haue giuen that hath no right to giue In an other place the same Canon Doctor writeth that the vassall cannot consent in the person of any other then his Lorde no not by prorogation of power to that purpose alleadging many other skilfull persons opinions Howbeit all good Catholickes doe to their great griefe knowe that most of the Ecclesiasticall persons and Clergie of Fraunce doe seeme to bee parties in the Conspiracie that long since haue bene deuised against the state of this Crowne which neuerthelesse I can hardly beleeue notwithstanding I heare our ordinary Preachers openly in the chaire of trueth and humilitie preach warre bloud weapons rebellion and contempt of y e King and the Princes of his bloud a matter detestable and abhominable before God 9 My Maisters ye Bishops Priestes and Doctors what weene ye to doe Is this the commaundemeÌ„t of God Is this the doctrine that ye are bounde to plant in the Christian Church Is this the light that you shewe to the flocke which God hath committed vnto you Is this y â— peace that you ought to teach and for the which the Church poureth foorth her daylie supplications What correction may the people look for at your haÌ„ds whiles your selues are the authors of euill Wil you doe or say as Lucifer I wil ascend into heauen and become like vnto the most high God Will you iustly haue the name to be the very enemies of God who commaundeth obedience onely to the Kings and powers that he hath established and who taketh no delight in any thing more then in peace hating all shedding of bloud Doth the way to cure the rage of poore mortall creatures consist in vnclothing them of all humanitie in thrusting into their fist the sword wherewith to make away them selues by the authorising of their furie with your decrees nay which is more by stirring them thereto through your Sermons May wee not reproach vnto you that which Ieremie prophesied in his tyme The Prophetes haue prophesied lyes the Priests haue approued theÌ„ and the people haue embraced them Must we needes say of you as Ezechiel writeth of your like I will stretch foorth my arme ouer their Prophetes that see lyes and those that tell fables or do not serue for discipline to my people whom they haue seduced saying The peace of God bee with you and yet it is not peace that they seeke My Maisters this is not the fruit of the spirituall doctrine that you haue in custodie beware it be not sayd of you that an euill tree cannot bring foorth good fruite you preach warre rebellion disobedieÌ„ce you contribute to Conspirators against your King and the Princes of his bloud you deliuer the Townes to them and doe put your flockes into their hands you seeke out straungers to rule ouer you and doe set them against your King where will you become Is this the Catholicke and Apostolick doctrine that you doe sowe Knowe you not that Iesus Christ is the foundation of the Church so that whosoeuer will lay any other shall destroye himselfe and whatsoeuer he dare vndertake Is not the doctrine of Iesus Christ peace humilitie obedience and clemeÌ„cie Is it not written of you Bee yee wise as Serpents and simple as Doues Are not you termed the sault of the earth which beeing shed abroade where may wee gather it againe I wote what you will say There be say you a number of heretickes which must bee rooted out with the sword because their life is repugnaÌ„t to Gods honor No no my Maisters you are yet deceiued for you must first shewe how they bee heretickes and for such cause then to be lawfully condemned which as yet you haue not done because in â—rueth your pretended CouÌ„saile of Trent whereby you haue condemned them was not lawful as the King of France confessed euen while it was assembled and therefore did not onely forbid the Bishops of his Realme your predecessors to go thereto but also by his Embassadour did protest that he could not accept it for a lawfull and generall Counsaile but onely for a particuler assembly gathered together for the profite and authoritie of the Pope and King of Spayne vnto whom they went about to giue the presedence aboue the most Christian Maiestie furthermore declaring that he ment not that he or his subiects should any way be bound to the decrees thereof but that contrariwise he was determined if neede were to employ all remedies necessarie which his predecessors had in like cace vsed to procure the disanulling of the same Besides I saye vnto you that weapoÌ„s are not the meanes to cure this mischiefe Know you not that the doctrine of Religion either the error thereof is a disease of the Soule and minde seeke therefore for your partes the spirituall Medicines wherewith to heale the same as admonitions prayer fasting amendment of your liues which are the true and onely Weapons of Gods Church But what are you not content with the extreeme diligence and care of our most Christian and Catholike Kings for the revnion of their people into one only Apostolick Romish Religion what haue wee gotten by so many fyers so much blood such battailes and destructions within this Realme for the same Those that nowe would rule you are they not the same persons that led the armies and practized y â— occasions of the passed wars haue they not sufficiently proued that neither ster nor sword are meete remedies for this euill that in one day of such troubles Gods Church is more hurt and offended through the disorder of one lewde Souldier then in a whole yeere of pacient tolleration whereby God may be deuoutly serued the King honored the Clergie assured the Lawe feared the gentry cherished and the people eased to bee briefe euery one by little and litle reduced into the waye of good life which to bee briefe are the effectes and glorie of the militant Church and of the good Shepherdes of the the same Wee haue burned them quick they haue quenched the fiers with their blood wee haue drowned them they haue Spawned in the concauities of the water we haue murdered them al in their sleepes within few daies they haue reuiued againe We haue fought with them and beaten them but haue not cast them downe To be brief if we consider how we haue
by Dagobert if we wil beleeue Floart by Childebert Pepin Charlemaigne Lewes y e Meeke Lothaire as witnesseth their goodly Chapters also by Phillip giuen of God Saint Lewes in his Pragmaticall sanction of the yeere a thousand two hundred sixtie eight Phillip the Faire in his Edict in the yere a thousand three hundred and thirtie Charles the seauenth in the yeere 1453. Charles the nineth in the Estates of Orleans and Henry the 3. now raigning Which also was most learnedly declared to Lewes the eleuenth by two Presidents of Inquestes of the Court of Parliament in a treaty that vnto him they exhibited in the name of all the cōpany Yea wee doe perticulerly finde that the generall Estates of France assembled in the Towne of Tours in y ◠yere 1483. did desire Charles the eight to reforme the Clergie as beeing of his charge authoritie because the Pope had no Iurisdiction ouer the Bishoppes of Fraunce as by an Edict generall it was published in the Parliament vnder Charles the seuenth in the yeere 1407. and is to bee seene in the Registers of the sayd Court Yea that Court hath so farre proceeded as sometimes to decree that the Popes Buls and rescripts giuen out against the libertie of the French Church and Maiestie of our King should be cancelled broken and torne Neither was it lawfull for his holinesse to send any Legate into France except with his Maiesties good will and without preiudice to the rightes of his Crowne as by an Arest of Parliament it was declared in the yeere 1484. After by the same Court haue oftentimes the power of the said Legates sent with the Kings consent bene restrained from al authoritie to enteprize against the rightes of the Crowne of France which limitations and liberties the Popes neuer controuled Sith therefore it is the King that giueth you the Bishoprickes Abbayes and Ecclesiasticall functions that your maners orders and correction depēdeth vpon the royall Maiestie and rightes of his Crowne why wil you not suffer me with S. Ambrose to auowe that he may sell dispose and employe the temporalties of the Church vpon the necessities of his Estate without procuring the lisence of the Pope of Roome alwaies prouided that his Maiestie leaue sufficient for the sustenance of the Priestes and others that haue charge of the deuiue Seruice For you also doe know that whatsoeuer you take more then for the necessitie of your life onely is theft or meere robberie and so termed by the holy decrees founded vpon the expresse commaundement of the Apostle that you should be content with your food and sustenāce and by the Canons you are straightly forbidden not to giue any portion to either kinsman allie or friend whosoeuer And in deede so soone as the Church perceiued that your Predecessors did abuze that too much confidence which the first Christian Emperours had reposed in their pietie touching the distribution of Church goodes which by litle and litle through the conniuence of very zealous Princes who did too much assure them selues of the honestie of Bishops they had recouered she did againe take it from them Also in the fourth Counsaile of Charthage they were forbidden to meddle therewith In the generall Counsaile of Chalcedon holden vnder the Emperour Martian were Stewards established to such purposes who were neither Priestes neither Cleargie men In the seuenth generall Counsaile holdē vnder Iustinian the first the same were renewed and it was decreed that the Archbishops onely should be called to their election whereof Iustinian maketh mention Saint Iohn Chrisostome cryeth out and greatly complaineth that in his tyme the Bishops and Cleargie would needes be the distributers stewardes and husbanders of Church goodes and therfore saith this good father in his 86. Homely vpon Mathew They endeuour as much to rule the Temporall as the Spirituall The Apostles would not distribute that money which they had common among them Our great Law-giuer King Charlemaigne doth expressely forbid them to conuert any to their perticuler profite or otherwise to employe it then vpon the necessitie of the poore It is well enough knowne in what order and to what vse the Church hath decreed the dispensation of the Reuenues thereof Sainct Gregorie reporteth that oftentymes they were wont to deuide it into fower partes whereof one to the Bishop and his small famelie an other to the poore Priests and officers of the Church the third to the rest of the poore and the last was appointed to the reparatiō of the Churches But our Bishops and Abbots doe well enough keepe themselues from proceeding in any such maner for amōg themselues they retaine the assotiation of the Lyon whereof our lawes doe make mention and easily permit the poore Priests and others to part with as much as they list so that themselues be not admitted in the exaction thereof but contrariwise if any Prince for his necessitie would employ any part of their superfluous aboundance they straight spread rumours among the people that the deuill hath carried away one that an other hath bene sene in hell that an others body haue not bene to bee found in his Tombe with a number of such fables wherewith our Christian Histories for these seuen or eight hundred yeeres are poysoned in liewe of quietly obeying the will of their Kings and soueraigne Lordes in whose Cōmonwealths and vnder whose discipline they are bound to liue simply and poorely casting downe their high lookes in all Christian humilitie and obedience taking their parts and portions of the reuenues and Church goods and of that Aulter which they serue at the handes of their Kings yea and onely so much as may suffice for their sustenāce and in liew of yeelding parte to the necessities of their Princes to complaine murmure and arme themselues against them because they would employe it to such vses as their affayres doe require I beseech you therfore my Masters ye Bishops and Prelats of Fraunce whome many good men doe accuse of countenancing the wicked deliberations of Spaniards Italians and Lorraines that seeke to seaze vpon the Crowne against the King and the Princes of his bloud remēber the exāple of Magnulph Bishop of Tholauze repeated by Gregorie of Tours when one Godoald terming himselfe sonne of Clotaire the first and vpholden by Disier and some others the perturbers of the peace of the Realme such as our pretended Mascontents required pertition with Gontran and Childebert the children of the sayd Clotaire For the historie importeth that the sayd Disier and most of his partakers were letted by the exhortation of this good Bishop who vsed this oratiō to the people Wee knowe Gontran and his neuewe to bee the children of our Kings but for Godoald we wot not what he is nor from whence Prepare ye therfore ye Frenchmen and if Disier would force you to doe this iniurie to your Kings defend your selues let him perish as Sigulphus that he may bee
an example to all other to the ende no straunger doe presume to violate and taint the Maiestie of the Realme of France 12 To all the premisses to the discourse of the duetie and respect that subiects owe in our cace to their Kings and Princes the disturbers of the peace lawes of this Realme doe aunswer perticulerly against the King of Nauarre y ◠he shal neuer be King of France before he bee after the auncient maner obserued as they weene euer since Clouis the first Christian King consecrated annoynted and crowned and that nature onely cannot make him King without the ordinary Ceremonies obserued at the comming in of a new Prince And so cōsequently they dare inferre that notwithstanding al our former discourse be true yet can it not bee applyed to the sayd Lord King of Nauarre to whom the French men cannot be boūd without his annointing and coronation which the Catholickes will neuer permit vnlesse he abiure the pretended reformed Religion Also that in cace they shoulde withstande him yet should they not thereby withstand their King but a pretender to the Realm But in trueth herein lyeth the difficultie of the matter wherwith they seeke to deceiue the ignoraunt For this they must know that in Realmes successiue as is ours the King liueth perpetually and leaueth the Realme to his neerest by vertue of the law successiue By reason whereof he is true and perfect Lord before he bee crowned neither doth his coronation serue but for a declaratiō and publication of the honor of the marke of his calling which was obteyned to him before both by nature and by the lawe of succession which needeth no further declaration of the successor in that it is not simply hereditarie to the deceased but custumary and legitimate at the very instant of the former Kings decease which seazeth not the natural successor of the Lordship and royall power onely but also of the possession and effectuall enioying of the same Wherevpon all our Interpretors doe maintaine that in feudall causes and matters the successor is in a maner seazed in his predecessors life tyme vnder whom he is halfe possessioner without any further inuestiture especially in our France where it is obserued without contradiction For that concerning the Realme the coronation ensuing is but the habite and royall ensigne and therefore al good men will graunt that the King is annoynted and crowned because he is King but contrariwise that he is not king because he is crowned for so theeues and Tyrants beeing the stronger might become lawfull Kings and with ouer much facilitie alter the cause of their possession through that ceremonie So was the Emperour of the Romaines lawfull after he had beene elected and saluted in testimonie and for a proofe of which election only he set a Crowne vpon his head a Scepter of Iuorie in his hand and beeing apparelled in a Purple robe did alwaies walke forth with fower and twentie Huissiers euery one bearing a Torch and an Axe It was was moreouer a custome to carie fire before the Emperour after the auncient maner of the Kings of Persia who went to Pasargades that the Priestes might there consecrate them in a Temple dedicated to one of the Goddesses of warres where the Prince putting of his own Robes did put on the same that the auncient Cirus vsed to weare before he was King he also did eate of a Cake made with Figges and Turpentine and drancke a potion made of Vineger and Milke The auncient Kings of Greece in liewe of a Diadem were wont to cary a Speare or a Staffe which the Grecians termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Romaines sent to him to whom they gaue the royal dignitie a Crowne of Golde a Cuppe and an Iuorie staffe and afterward added the seate or chaire fashioned like a Chariot Afterwarde when Christianitie was planted in the hearts of the people hauing proceeded to the election of the Emperour and being agreed of his person the maner was to cause him to sweare yea sometymes by his handwriting to subscribe that he would stay himselfe vpon the doctrine confirmed by the Catholick Church and the oecumenical Counsailes of the same and that he should not raise any trouble in the Church of God after which protestation the Patriarke of Constantinople in the peoples sight set a Crowne vpō his head girt a sword about him presented him a Scepter and put a gold Ring vpon his finger The tokens of the Germaine Emperours are by the decree of Charles the Great a Scepter a Sword a Speare a Cloake a Chaine a Crowne a Crosse like a Spheare a Buckler an Eagle with 2. heads a purple Ensigne all which are deliuered to him by the Archbishoppes of Cologne Mentz and Treues Like as the Archbishop of Toledo doth the office at the coronation of the King of Spayne the Archbishop of Canterbury at the King of Englands the Archbishop of Mentz at the Bohemians the Archbishop of Strigon at the Hūgarians the Archbishop of Guesne at the Polonians the Archbishop of Vpsale at the Danes the Archbishop of Tours at the auncient Kings of Armorica which we cal Brittaine the Bishop of Pampelune at the King of Nauarres euen as in our France it is the Archbishop of Rheimes that crowneth and annoynteth our King although sometymes it is done in other places As we reade of S. Lewes who was sacred at Soissons others at Orleance whom before the tyme of Christianitie they vsed to proclaime by lifting thē vp and shewing them vpon a buckler But it hath since beene thought more expedient to minister these ceremonies in the assembly of the Church there to call God to witnesse of that faith which the subiects vowed to their Prince and of that duetie wherein the King bound himselfe to his Estate to the ende also that afterward the people might knowe that from a priuat and perticuler man that he was wont to be he was now promoted to the Empire to the end to commaund Thus did Atatolius first deale with the Emperor Leo the first in the yere of Iesus Christ 461. and Euphemius with the Emperour Anastaze in the yeere 494. of whom hee exacted a perticuler promesse in writing because both before and at the tyme that he was proclaimed Emperour he had bene and still was an Eutichean hereticke whose errors had bene condemned by the decrees of the Counsaile of Chalcedō holden in the presence of the Emperor Martian in the yeere of Iesus Christ 455. Of later daies immediatly vpon the decease of Iustinian the first they added that the Patriark of Constantinople should after the example and imitation of the Kings of Iuda consecrate annoynt and crowne the Emperours with a Crowne of Golde in the assembly of the Church which was first obserued in the Emperour Iustin the second and afterward by Pope Leo the 3. translated into the West to the behalfe of Charles the Great before whom or
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
of the same were led by the will of God or whether therein they enterprised any thing repugnant thereto especially sith the question concerneth the maintenance of the peace liues and soules of so many millions of parsons who either might or are already lost vpon this quarell And this I will say more that sith the fault hath proceeded of our Prelates who haue fallen a sleepe and haue not mainteined the fare that they ought for the nourishment of their Flockes who being ignorant in the most part of the principles of their religion haue gone out of their ranck and doe perticulerly require the reasons thereof it is most necessary gently to giue them a taste of the same without sword or fire vntil the condemned bee at large heard in their defences and lawfully conuict 14 Moreouer I dare aduowe that in Realmes and Empires natural Succession receiued by the estates is of such force that the best and most Catholicke Parsons neuer enterprized against y ◠progresse of the same as occasions haue bene ministred no not for Heresie although it were condemned and with all solemnitie accursed by the Church of GOD Notwithstanding vndoubtedly by other dealing they might haue hoped for better and that they were in maner assured of manifold afflictions at hand Had not certein Bishops Arriens infected Constantius whē he succeeded his father although he were very yong What was the cause that Zeno being an heritick was neuerthelesse made Emperour after his father in lawe Leo but that the Empire was atteyned for his wife AriadNe and little Leo sonne to the said Zeno whom his Grandfather had instituted to bée his heire in consideration whereof the Christians were content to beare that affliction Constantine the third and the fifth whē they were called to the Empire were heretickes but yet in asmuch as they were lawfull successors to the last deceased the Church would not meddle with them When Anastaze the first was chosen no other cause moued y e Patriarke of Constantinople and the people to force a promise from him that afterward hee should be a Catholicke or at the least that he should not make any alteration or stirre vp any broyle in the Church of God but onely because he was then an Eutichian who was condemned by the Counsaile of Chalcedon and the same is the onely caution that you may exact or require of your King in cace he were other then a Catholicke sith the Christian Church neuer desired greater assurance of the aforenamed then their faith and royall promise I might bee tedious if I should rehearse vnto you an infinite number of other examples whereby euery one may manifestly perceiue that the holy Primitiue Church neuer accoumpted it so smal a matter to violate the lawes of the Estate or to habandon that obligation that wee owe to such a Prince as is either lawfull successor to the deceased or els solemnly elected Who is he that wil not thinke the Bishoppes of those former tymes that I speake of to haue bene farre more zealous in their charge and better liuers thē the most parte of ours in respect whereof they might euen with their credite only haue sooner perswaded the people that thei gouerned for Religion and godlinesse sake to haue expelled deposed and banished those hereticall Emperours aswel as to haue admitted them into that succession that by the politick order of the Empire was vnto them due either to obey or yeeld them al fidelitie was it want of power all the world being Christian euen in the Prime of the Church about one hundred yeeres after that the Temples of the Greeke Idols had bene shut vp whereby not so much as the memorie of them remained among the subiects of this great Monarchie I will by the way rehearse vnto you a Decree of the Church made for y e posteritie of Kings least you shuld thinck me either to be led by affection or to haue told you fables Heare therfore the wordes of the Fathers assembled in a Counsaile Like as the Insolencie of wicked Kings haue euermore bene odious and abominable to the subiects so haue the people alwaies liked wel of the prouident foresight of the good who therefore could suffer or beholde a Christian offending in that poinct or that were desirous to expell the posteritie or ligne Royall from such rights and dignities as thereto doe apperteyne Such dealing doe we therefore expressely forbid in fauour of the posteritie of the most excellent Prince Chintillus we doe renew and cōfirme the decree that was made the last yere at the Synode houlden in this Church concerning the loue and good will that euery one is bound to beare to the Kings ligne and to the defence and preseruation which all subiectes of the Estate doe owe thereto to the ende the successors be not maliciously defrauded of the merites of their predecessors in the augmentation of their Crowne or their great liberalitie toward their subiects Also that none doe enterprize to hurt them because it is meete that by the authoritie of a Counsaile we do graūt peace to the succession and posteritie of those by whose meanes and vnder whose protection wee haue aforetyme bene preserued Admit therfore that the Church made this Decree in respect of that obligation that she deemed the subiectes ought to the posteritie of their Kings either for the loue and reuerence of those that had well gouerned their Commonwealths euen as GOD who is the author and holder vp of Monarchies would neuer take the Scepter wholy from Iuda for his seruaunt Dauids sake yet if our selues would but call to mind so many good Kings of this race especially the father of the house of Bourbon the Lorde S. Lewes whō for his good life the Church hath canonized and whose memorie ought to be vnto vs holy honorable we should shewe our selues most wicked periurde vnthankful and disloyall persons if wee should seeke or but make any countenaunce to thinke vpon innouating any thing against this posteritie 15 Good men are not ignorant of the pretences that these great bucklers of the faith doe take hold of which are first that the King of Nauarre being King would polute subuert abolish Catholick Religiō in France and force his subiects to become huguenots But to say the trueth this vizard is lesse then nothing for his former behauiours will presently force vs to confesse the cōtrary because our selues haue seene with what importunacie he hath besought our Kinges as beeing their subiect and perswaded them to suffer him and his partakers to liue vnder their obedience in all libertie of conscience Wherefore then should we thinke that when he were soueraign he would practize against his people any enterprize repugnant to that lawe which himselfe being in their race sought to enioye vnder the Kings his Lords Shal we presume that such a Christiā wise Prince instructed in the feare of God would become a Tyrant torment the soules of his subiects against
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
beeing second after God of whom he houldeth his authoritie and hath nothing greater thē the heauenly power Constantius Valens Zeno Anastazius Iustinian the first and second Heraclius Leo the 3. Phillip Bardanes Constantin the 5. Leo the 4. and some other Emperours who were adiudged hereticks were neuer deposed notwithstanding the Catholicke Church condemned their errors which neuerthelesse is permitted to excommunicate Kings and Princes Sectaries of false opinions or otherwise euill liuers in cace the same will not acknowledge their vice or trāsgression which one onely Bishoppe or high Priest whatsoeuer may not doe without the iudgement and notice of the Church after it hath heard the King or Prince in his exeptiōs and defences wherein vndoubtedly ought to be strictly obserued all order of Iustice in respect aswell of the grauitie of the cause as of the qualitie of the person in question wherevpon may depend the trouble and subuertion of Christiā policie through such ciuil warres as might ensue together with the bloud of the poore faithfull which the weapons of the prouoked Prince might shed as Sainct Augustin to the same purpose doth confesse and discourse vpon in his Glose vpon that precept whereby wee are commaunded to obeye our Kings Moreouer excommunication denoūced contrary to the orders of the auncient fathers obserued in the Church and without the knowledge thereof would proue vniust and vtterly voyde and thereby not the taxed but the taxer might take harme as Gratian teacheth expounding a place of S. Hierome vpō Leuiticus Pope Leo also affirmeth that the priuiledge of Peter is in force wheresoeuer iudgemēt is giuen according to his equitie Innocent the third how zealous he was of his authoritie confesseth that if the excommunicated pretende that vniustly hee was so denounced hee maye complaine and exhibite the cace of his innocencie In France by the priuiledges of the Flowerdeluce it hath often by arrest of y ◠Court bene adiudged y t the King his officers or subiects in body or communaltie cannot bee excommunicated by the Pope or any other Bishop whosoeuer Whervpon Charles du Molin a famous aduocate and one of the greatest Lawyers of his time testified that he had to that ende an expresse Bull of Pope Martin the 5. which was nothing repugnant to the lawe by the Popes commonly obserued for Iohn the 22. declareth that he may graunt priuiledge to some one that hee shall not bee excommunicated whereupon Pope Eugenius the fourth concurring with the Court of the holy Apostolick Sea graunted to the French that no Bishop whatsoeuer should entangle them in the sentēce of excōmunication But we haue not for this occasiō to deale either with Bulls or priuiledges of y e Church of Rome for by the rights authority dignitie of the Maiestie of our king it is not lawfull for the Pope or any Bishop whatsoeuer to excommunicate either towne or communaltie subiect to the Realm of Fraunce By reason whereof in the yeere 1488. the Atturney generall appealed as of abuse from the excommunication that the Pope had laid vpō the Inhabitants of Gaūt because they had dealt hardly with the Emperour Maximilian their Earle and Vassall to the King of Fraunce to whome onely hee ought to haue had recourse as vnto his Lord for remedie the Pope hauing no authoritie ouer the subiects of this Crowne To y ◠same ende also Charles the fifth by an Edict verefied in his Parliament in the yeere 1369. expressely forbad all Bishops and Prelates for whatsoeuer cause to lay the sentence of excōmunicatiō vpon any Towne Communaltie Colledge or body corporate of his Realme the same beeing vnder the onely correction and power of himselfe and of none other in the world which Edict was also renewed by Lewes the 11. in the yeere 1467. whereof is growne a custome inuiolably obserued in France as the Oracle of Apollo of Appellations as of abuse in the Court of Parliament against the Pope and his Cleargie without which remedy the Priestes would in France erect an other and more mightie Monarchie then the Kings for the maintenance and dignitie of the which al good Frenchmen ought rather to dye then suffer it to be diminished So that the Pope and Bishops can proceede no further then to excommunication of perticuler persons according to the order of old tyme obserued by the holy Decrees and Canonicall constitutions Thus to conclude you see how to proceede against Kings and soueraigne Princes Hereticks or otherwise offensiue to the Christian Church which excommunicatiōs being by order of law euermore obserued in the florishing and Primitiue Church denounced wee are to dispute whether by the same we bee discharged of y t faith and oath that by nature wee owe vnto them Wherein are but too euidently knowne the constitutions of the Popes Gregorie the 7. Honorius the 3. Lucius the 3. Innocent the 3. and others by the which they doe not onely declare the subiects of an hereticall or excommunicate Prince absolued from their oath of fidelitie but which is more doe vpon the like penaltie forbid the vassals to obey their Lord after he is adiudged such a one Neuerthelesse I thinke not but such decrees proceeded of a meruelous passion of the Popes of those daies against the Princes of their time And in deede Iohn Andrew Innocent Archidiaconus Panorme many other learned glozers vpon the Decretals being of a contrary aduice doe alledge great difficulties therevpon and in their hypotheses doe perticulerly expounde them in cace by the sentence of excommunication it bee expressely set downe that y ◠subiects shall be discharged of all right of vasselage otherwise they doe iudge the obligation not to be extinct or diminished by the excommunication of their Lord which last in sundry considerations full of Religion and ciuill pietie seemeth to be of great apparēce and too too true First that we are bound to obeye our Kings whether good or bad because they are chosen giuē to vs by the hād of God euen such as it please him to giue to rule ouer vs. Secondly that the excommunication importeth no alteration or diminutiō of the qualitie of the person nec habetis capitis minutionem as the Lawyers doe saye to conteine or comprehend therein depriuation or publication of goodes sed motionem ab ordine Christianorum coetu as saith Modestin of Senator qui Senatu motus capite minutus non est Romae morari potest Moreouer excommunication is a Spirituall discipline medicine and admonition and hath no participation with worldly and temporall goodes and meanes whether great or small as S. Paule saith The armors of our warres are not carnall therfore sith Realmes and Lordships are for the most parte patrimoniall or at the least terestriall whose propertie and possessiō doth no way concerne the kingdome of God the declaratiō of the losse of the one bringeth no consequence for the depriuation from the other Paul the Lawier
also teacheth vs that quod alicui debetur certis modis deberi desinit among which is not to bee found the excommunicatioÌ„ of him to whom we acknowledge our selues bound for otherwise the vassal and subiect should reap benefite commoditie and discharge in the destruction and hinderance of his Lorde Besides that the excommunication tendeth not in worldly matters to impouerish the partie condemned but onely to depriue and declare hym vnworthy the fellowship of men or to be thought a member of the Church of GOD. He is also denounced such a one first to be an instruction and example to all other the faithfull when they shall consider the grauitie of the offence and thereby waie the publick slaunder arising thereof Secondly to driue the condemned to call to mind abhorre and be contrite for his offence seeing hym selfe deliuered into the handes of his mortall ennemy Satan and humbly to craue reconsiliation at the catholick Church from whence he is banished in exilio sinitimo said Alexander the Martir which wee may sufficiently learne by the auncient forme of satisfaction which the Primetiue Chnrch enioyned to the parson excommunicate that is to confesse his fault before the Priests and assembly of the faithfull in whose presence hee was reproued blamed and condemned to abyde in a certaine place without the communion aud assembly of the Church with certaine outwarde workes of a penetontiary as well in habit and behauiour as especially in his dyet in which forme he should exhibit petition and supplication both to the Priestes and to the whole coÌ„gregation to be forgiuen and vnbound from his offence whervpon the Church by the aduice of the Ministers thereof sometimes condemned hym in greate amends and so by litle and litle receiued hym againe as she thought good For at the first he was onely admitted to heare the worde of God after that he was receiued to the prayers of the Church and so consequently to the Communion of the faithfull finally by the imposition of the Priestes handes he was restored to his former estate and then was it not lawfull for any to reproch vnto him what was passed So as by this forme of excommunication and penance or satisfaction extract out of the auncient Counsailes of Ancira and Nice we may euidently iudge that it no way concerned the temporall goodes as of those that the Church hath not to dispose of neither did it importe other then the exemplary correction of the excoÌ„municated for the sâ—auÌ„der by his offence committed against the Church either els according to y e holy scripture for the subduing of the flesh whereby the soule may be saued in the day of our Lord Iesus Moreouer it seemeth that Gregorie the seauenth Innocent the third and other the high Priestes did so vnderstand it wheÌ„ in the excommunication of the Lords and of those that were conuersant and had dealings with theÌ„ they would not include their officers seruants and others who by necessitie doe owe them obedience as doe the vassalles and subiects of the Crowne who naturally and ciuilly are bound to their Kings and Princes So that the necessitie of their bondage exempteth theÌ„ by the iudgement of the Church out of the generall excommunication denouÌ„ced against all other persons that haue dealing with the excommunicated And perticulerly Innocent the third in his decretall Epistle written to the Doctors of Boulogne declareth that the debtes letters and obligatioÌ„s of excommunicated persons are not called in question neither are the debtors discharged of the same much lesse to be blamed for paying and satisfying their creditors considering that the necessitie of their obligatioÌ„s doe thereto bind them And there is no doubt but the priuate famelie and household of euery one is likewise a little Commonwealth aswell as the Commonwealth is a great famelie whereof the King that ruleth it is the father and defender so elected and ordeyned by God as father of the household among the children Innocent the third therfore exepted out of the excoÌ„munication of those that were conuersant with the condemned all such persons as by necessitie of the lawes of houshold were bounde to yeelde their due obedience which shall neuer bee more strickt great or commendable in the children of the household seruants toward the father of the household then it ought to bee in the subiects towarde their King or soueraigne Prince And effectually to shewe that the excommunication of the King dischargeth not his subiects from their vowed faith let vs call to mind the auncient examples meete and commodious for this argument The Emperour Theodosius the first was iustly excommunicated for the murder of the Inhabitants of Thessalonica His sonne Arcadius for expelling and deposing S. Iohn Chrisostome from the Church of Constantinople Zeno and Anastazius for being Eutichians Lothaire the first for his adulterie committed with Gualdrade which notwithstanding their subiects were not discharged of their bondes and oathes whereby they were to them bound against the which also they neuer made any difficultie to obeye those Emperours as their lawfull Lordes Dagobert King of Fraunce who became a Nero and after the first yeres of his quiet and Catholicke gouernement began about the yeere 637. to trouble the Churches destroye the Temples banish the Cleargie and commit an infinite number of other insolencies for the which Seuerinus Bishop of Roome did greatly reprooue him was not neuerthelesse driuen awaye by his subiects who with earnest prayer obteyned at the grace of God that this Prince repented and euer after serued God faithfully all the dayes of his life When Pope Celestin the third had excommunicated Phillip Augustus King of FraÌ„ce in y â— yere 1197. for forsaking without lawfull occasion his wife Isambergue sister to King Iohn of Denmarke his States and subiects did not neuerthelesse expell him or denye to acknowledge him to be their King and Soueraigne When Boniface the eight had cast foorth his poysoned Bull against Phillip the Faire the Nobles Prelates of the Realme assembled at Paris declâ—red that the Bishop of Rome had no authoritie so to doe When Pope Iulius the 2. excommunicated and interdicted King Lewes the 12. whome iustly wee terme father of the people the Prelates and Nobilitie assembled at Tours protested it to be lawful to coÌ„temne the said Thunderbolt the same notwithstanding did sweare to him their due faith and homage When King Henry the 2. of England was by Alexander the 3. excommunicated interdicted for banishing Thomas Archbishop of Canterbury whom after his death the Pope canonized yet was he not cast out froÌ„ his kingdome neither did his subiects with earnest affection denye him their accustomed obedience Iohn without Land King of the same Ile was neuer dispossed neither did his subiects molest him in respect of the curse that Innocent the third had denounced against him in the yere 1212. vntill he became a TyraÌ„t and extreme oppressor of the people who then beeing
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
strayed and hether to bene misâ—ed In the meane tyme and wayting for the sayd lawfull Counsaile neither y e French King neither his Courtes of Parliament would euer in this Realm publish the decrées of the assembly of Trent neither doe any other receiue them then the Cleargie who are the suppostes of the Popes Monarchy But contrariwise the late King Henry the second sent Embassadours expressely to withstande the sayd pretended Counsaile also to declare that he ment not in any wise to allowe thereof as in â—rueth it cannot be admitted without infringing the rightes and authorities of the King of France the auncient decrees ordeyned in the generall Estates of the Realme vnder the forme of a pragmaticall sanction and the most holie liberties of the French Church whereby the Maiestie of this florishing Crowne is preserued 25 Neither is it any newe matter to say in Fraunce that the King and his French Church will not receiue the same Counsaile because our Kings haue euermore vpholden and preserued aboue al other the libertie and franchize of their Church and neuer bound themselues to the Popes coÌ„stitutions or late Counsayles no further then the same were conformable to the decrees of the vniuersall Church nothing derogatorie to the rightes of their Crowne For proof therof we know that the generall Counsaile of Vienna was neuer wholy receiued in this Realm In that of Constance the libertie franchizes and priuiledges of the French Church were admitted according to the declaration exhibited by the Embassadours of the most ChristiaÌ„ Maiestie As for that of Bâ—sill King Charles the seuenth would not permit his subiects to appeare at the conclusion of the same after the which at Bourges he asseÌ„bled al his Church by whom the decrees of the same Counsaile were perused and onely parte of them accepted with such qualifications as were thought meete to that effect whereupon was formed the Pragmaticall sanction soone after published in the Parliament wherein these words are often repeated Item our Synode accepteth the decree following thereby to shewe that in France we are not bound to the Popes ordenances constitutions or decrees neither to the assembly summoned by his authoritie which he calleth a Counsaile And now may we truely say that neuer was there any holdeÌ„ that was more preiudiciall or of greater misprision against the dignitie of this Crowne for if we search narrowly into it we shal finde that a great parte of the decrees thereof doe dyametrally oppose them selues against the libertie of our Churches and the Maiestie of the most Christian King against whom they were deuised 1. First concerning the doubt in this assembly made for the place and first degree of honor which haue belonged to him aboue all Christian Kings for these 1000. yeeres so that his Maiestie allowing of this pretended Counsaile should confesse a matter very preiudicial vnto him because as saith Balde he weareth y â— Crowne of libertie and glory Secondly as for reformation of the maners pollicie and Ecclesiasticall discipline which euermore hath bene one of the fayrest flowers of his Crowne who so shall reade the sessions of the sayde Counsayle of Trent shall finde that thereby the same is quite lost extinguished and transferred to the Pope of Rome for the fourth and seuenth decree of the seuenth session doe import that in the election and making of Bishoppes and Priestes the consent of the people and authoritie of y e Magistrate are not necessary which is quite contrary to Gods lawe the obseruation of the Primitiue Church the auncient Canons the ordinances of Charlemaign and Lewes the Meeke and more perticulerly to the determination of the three Estates of this Realme holden at Orleans in the yere 1360 and confirmed in the Court of Parliament where it was decréed that together with those of the Cleargie there should bee 12. Gentlemen for the Nobilitie and 12. Burgeses who should be chosen out of the towne house and should represent the third Estate Also in the second part of the same session the sayd Counsayle attributeth to the Prelates the notice of the reuenues and buildings of the Churches contrary to the auncient Edicts of our Kings namely against the ordenance of King Charles the 6. who in the yere 1385 ordeyned that the Iurisdiction of the buildings should apperteyne to the Iudges royall In the same session the Counsaile permitteth the Bishops to cut off parte of the reuenues of the Hospitalles whereby to make themselues fatter then they are thereby manifestly encroching vpon the authoritie of the King and his high Amner and against many decrees both old and newe of King Frances the first and Charles the nineth An other abuse and notorious enterprize against this Crowne consisteth in that the said Counsaile permitteth and decreeth monitions and excommunications not onely to the ende of reuelation but also for the recouerie of things lost against an infinite number of arestes of the soueraigne Court of this Realme whereby the same haue bene condemned and declared to be abusiue It permitteth them to condemne the Lay fee in fines of money in seazure apprehension and execution of their bodies and goodes aswell by the Bishops officers as their officialles notwithstanding in France thei neuer had that authoritie no not ouer the Cleargie and therefore it is meere encrochment vpon the seculer power It inhibiteth the Magistrate to forbid the Ecclesiasticall Iudge to excommunicate any person either to commaunde him to reuoke his excommunication although the Clergie doe but ouermuch abuse the same It reuoketh the decree of Phillip the Faire concerning combats receiued and enrowled in the Parliament and thereof depriueth Kings Princes Dukes Marquizes and all other of their Iurisdictions which is an intollerable abuse as wee haue aforesayd It admitteth promotion to the order of Priesthoode to Curates other Ecclesiasticall functions at 25. yeres although in y â— decree of the States of France before published the age of 30. yeeres was required It permitteth profession at 16. yeeres accomplished and therein correcteth the decree of the sayd States which limited the man at 25. and the woman at 20. It returneth the prouision of Bishops Prelates to the Pope contrary to the auncient ordenances of Charlemaigne and his children and contrary to whatsoeuer is conteyned in the Pragmatical sanction of Sainct Lewes inserted into the stile of Parliament yea and contrary to the defence made at the sayde Estates of Orleans It permitteth Bishops and Archbishoppes by their Viccars to visite their Dioces contrary to that is conteined in the arrest of the sayd Estates It permitteth the Pope to vnite simple Benefices to the Bishopricks contrary to that which was decreed in the Counsailes of Constance Basill and contrary to many the arrestes of the Courts of Parliament of this Realme wherby the same vnions ought to bee made vpon the selfe place By the same Counsaile y e tollerations at the Kings request graunted to y â— Court of ParliameÌ„t to some
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
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
graunt vs peace and by meanes thereof to reunite vs in the Faith and Religion of the Catholicke Church so to serue him faithfully with our good King to set to our shoulders to helpe to support the burthen of commaunding in this Realme layd vpon him in heauen yeelding our selues pliant simple and obedient to his commaundements to the end altogether we may serue and praise the deuine Maiestie holily and peaceably euery one according to his duetie the Prince in peaceable and wise gouernmēt of vs as hetherto through the grace of che holy Ghost he hath done our selues in louing reuerencing obeying and faithfully seruing his Maiestie as wee are bound vnder payne of eternall damnation For so long as we are in this world if we doe otherwise we shall resemble the Marriners that in the Ship quarrelling with their Pilot oppressed with the tempest and enuironed with the enemie doe in the ende finde themselues forced to saile away with some mercenary straungers who will no longer haue any care of their safetie then the commoditie and sweetnesse of their wages shall continue Surch surely will bee the life that we shal leade in case we become so detestable as to disunite our selues frō our King and the sacred bloud of his Crowne abroade standing in feare of the enemie at home not onely of our fellowe Citizens but also of our domesticall seruaunts our allies our cossens our brethren our parents our wiues and our children wherby we shal haue warre with the straunger sedition in the Citie and mistrust in the householde alwaies in in feare miserable needy and stil past hope of better for the good will habandon vs as vnworthy their succour and the bad will deuour vs. What blesse then what pleasure what contentation may we hope for so long as vppon earth wee leade this life and bee led by those y t bely the forme countenance gesture speech and behauiour of the man that they beare no lesse thē Satires Apes or Beares as also we may rightly terme them Wolues and monsters borne in this Commonwealth for the nourishing and bringing vp of whom I feare wee may bee called enemies to God and our owne nature which by companying with these wilde beastes we doe corrupt But to returne to our purpose Concerning the heresie falsly pretended against the King of Nauarre although the reasons aforesayd bee most true waightie and such as can haue no contrary aunswere vailable yet as a Catholicke I do most humbly beseech the said King of Nauarre diligently to thinck vpon his affayres yea although in his minde hee could conceiue no other consideration then the preseruation and peace of so much people in that he by whom the offence commeth is accursed of God whether he shal not more grieuously offende God and his owne conscience in being a cloake and pretēce of so many miseries to his Countrey and the French nation for whose defence he is borne then with his fathers and common custome of old receiued in erring if there be any error therein Let him also iudge whether he bee not bound to aunswer before God for the liues of so many persons who through his occasion shal perish also for the blasphemies that consequently will be committed Let him aduise himselfe whether hee were not better to doe as the good and gentle Householder who sometimes omitteth the seueritie of his age to play with his children and with clemencie giueth them space to measure the force of his amitie excusing their insolent youth and bolde rashnesse ioyning and going close with them after the example of the wise and well aduised Athenian when his people were most obstinatly resolued to oppose thē selues directly against his meaning For my parte Sir I beseech your Maiestie to giue mee leaue to tell you that all good Frenchmen true Catholickes and faithfull subiects to you this Crowne doe euen in humaine reason greatly bewayle the state of our poore Fraunce in seeing that your enemies are so well at ease or doe peraduenture nourish about your Maiestie some such persons as keepe their vizarde from bee plucked off For in truth Sir it lyeth in you through the grace of the holy Ghost to yeeld more fruite to the Church of GOD for the aduauncement whereof you haue hetherto thought to fight and more ouer to procure your selfe to bee esteemed more profitable commodious and honorable to all by planting peace in time in this Realm and giuing an example to the rest of Christiandom with assurance to the King that raigneth ouer you and his subiects who looke vpon you by your good life and gentle common conuersation which in all other actions your aduersaries them selues doe seeme to confesse then by any other worldly meanes that you cā choose Besides that it is an vndoubted and political maxime mislike it who will that it is not for Kings who haue authoritie and gouernment ouer so many seuerall braynes which GOD may reserue vnto you if it so please him or he be so determined in his priuate counsaile notwithstanding all the Deuilles do rage to set other where then in their Closets vpon any of these extremities because it would bee vnpossible to toyne and compose these together especially in the world wherin you are borne wherein also your selfe doe well knowe and haue by domesticall examples learned that it behoueth you and all other the Princes in this world to bow to make your selues to be obeyed to preserue your estates by meanes more then artificial and ful of humaine wisedome in respect of the frowarnesse peeuishnesse and bad nature of subiects But more perticulerly in this case wherein our common enemies haue for these 25. yeeres accustomed the French nation to the vse of weapons and the veryest fooles of whom there are ouer many to contemne the Maiestie of their King lawe and Iustice and to the contrary haue suborned flattered and stolne away the most of their hearts vnder a false pretence and zeale of Religion which your seruants do wish you to winne again as it were an easie matter to doe being desirous of your quiet honor and to the aduancement of Gods glorie the peace of this Realme and the encrease of the Crowne of France fearing least all Christiandome should swarme to the tearing of it in an hundred peeces or the mutinous Rebelles that are within the Realme should rent and dismember this goodly Kidney of Europe which without doubt is the goodliest and most perfect Kingdome vpon earth At the least sir sith these great Dukes of fained Catholichisine who in a iolitie haue declared themselues your aduersaries doe beare for their deuise the destruction bloud of the innocent Frenchmen which by their often murders they haue shed and are not yet satisfied as their Bugbearlike terrors that they propound vnto vs doe shew I doe most humbly desire you to the contrary to bee the Pelican and to beare the same deuise that the Great Alphonsus the 10. of that name King of Spayne
from whom your predecessors the Kings of Nauarre are discended was wont viz. Pro lege grege setting forth in your actions as many desires of peace clemencie fatth honestie and Christian piette as they doe of violence bitternesse and perfidie being banded against the Iustice of God The ende of the second Booke ⧠THE CONTENTS OF THE THIRD part of this Booke 1. The grauitie of Treason For what causes a Prince of the bloud may bee declared vncapable of the Crowne Abuse of the crime of treason The malice supposition of the leagued against those of the pretended reformed religion 2. A true exposition of the crime of treason The King neuer suspected the K. of Nauarre of treason An infallible argument of the King of Nauarres pietie 3. The house of Nauarre disceÌ„ded of the house of France The Originall of the K. of Nauarres grandfathers by both father and mother 4. The Capetz and Carliens come of the same stocke as Clouis and the Merouingiens 5. The Capetz and Carliens are of one famely The originall processe and genealogie of the Capets THE THIRD PART OF the Cath. Apologie THE third obiection that the seditious doe in their Libells disperse against the K. of Nauarre importeth him to be a rebel a traitor and a protector of Conspirators against the King and therefore an ennemy to the state and common wealth wherein hee is for those causes vnworthy to commaund 1 This obiection is not so small but that being well considered as it ought the grauitie of the offence will surpasse the discourse of our sences and vnderstandings For for that onely offence came death into the world and Adam was banished Paradise Also by humaine pollicy offenders therein being thereof conuâ—et and adiudged are vnworthy all successions especially in Empires Kingdomes or other dominions although the same should fall to them by the right of natural succession as doe ours For in this cace if the neerest of the bloud Royall should be found vnthanckefull and guilty not only against the King his Lord but also against the Estate common-wealth and Maiestie of the Crowne hee and his posteritie may be attaint conuict and adiudged for euer vnworthy the succession that nature and bloud had gotten him So was it iudged by a Court of Peers of France in the yere 1457. against Iohn the second Duke of Alencon in the presence of King Charles the seauenth in the towne of Vendosme notwithstanding the sayde Sentence was afterward abolished and the iudgement made void by Letters of restitution from King Lewes the eleueÌ„th entred published and registred in the Court of Parliament the Chambers assembled by the consent of the Kings Attorney generall Wherefore I can not with silence ouer skip such an accusation against the person of the sayd Lord King of Nauarre considering also the enormitie of such a scander against the sayde Prince who neuer had his owne life so deere or in such recommendation as the seruice honor and wealth of the Maiestie of our Kings and this Crowne as being the man whome it neerest concerneth and who hath greatest interest of all worldly parsons in the preseruation of this Estate as hauing the honor to looke so neere thereto But surely by this detestable and sclanderous discourse I see the miserie and calamitie of our France wherein withiâ— these 25. yeeres during the minority of our kings the mutinous seedes of quarels haue made at their pleasures forged Articles heads of Rebellion and crimes of Treason as they haue thought good y t therein as Tacitus said of y e Empire of Tiberius might be the perfection of all accusations imitating the continuall euill doings of Princes Counsailers vnder the pretence of their Maiesties seruice For it is found y t in the tyme of the said Tiberius this crime was comprehended vnder friuilous occasions as if any man had in selling of his land sould therwith the Image of Augustus or if hee had erected his owne Picture higher then the Emperors either had employed the same in any Domesticall vsage Nero put to death Cassius one of the most excellent men of his time vnder such a pretence and because hee bare the Picture of Cassius one of the murderers of Cesar in his Armes Caracalla so farre extended this crime that eueÌ„ those were accused who had made their Vrine in any place where the picture of the Prince was erected and this licence extended so farre that it was offence to the Maiestie to beate a slaue or chaunge aparell before the picture of the Emperour either to carie the same into any shamelesse or foule place veluti si latrinae aut lupanari intulisset To be brief in those daies the crime of treazon was defined in the closet and secrete will of the Monarke or his flatterers as Iuuenall testifieth Nil horuÌ„ verbosa grandis epistola venit A Capreis bene habet nil plus interrogo The like haue bene done in our miserable Realme when the conspired enemies of the Princes of the bloud Royall did gouerne the affayres of Estate vnder Frances the second and had afterward got holde of the person of King Charles the nineth whom they nourished in wonderfull and daungerous mistrust of his subiects whereof are proceeded so many murders massacres troubles and ciuill warres which wee haue seene and too much felt to the ruine of the subiects of this poore Fraunce by reason their Maiesties haue by these firebrands beene misenformed that the King of Nauarres partakers conspired against their Estate and refused to yeeld them that obedience which by Gods commaundement they ought and in respect thereof vnder this pretence did oftentymes cause them to be proclaymed Rebelles Traytors enemies to the Commonwealth Moreouer to make this mischiefe incurable because the innocencie of this people afflicted through the wrath and indignation of their Kinges was sufficiently knowne to their fellow couÌ„trymen fellow CitizeÌ„s these spirites of Satan haue sought to entaÌ„gle theÌ„ in partialities baÌ„diÌ„g one against an other thereby to vrge theÌ„ into irrecoÌ„siliable hatred and perpetuall mistrust whereof they might neuer conceiue cause of reunion through such excesse and iniuries as the one should doe to the other during the ciuill warres also that while the same continued themselues might haue opportunitie to practize the hearts of those whom they should finde most meete to receiue the obiect of their trayterous and disloyall ambition together that by this meanes they should diminish the loue of the people to their King perswading the most passionate that the fault was in him why Fraunce had no greater peace vnder which pretence they haue spued forth and by their creatures dispersed abroade an infinite number of diffamatorie Lybelles and more then sclaunderous discourses to the preiudice of the honor and reputation of our Prince whom neuerthelesse they went about to perswade that those of the pretended reformed Religion were the authors of these deceipts But the ende of their intents
any other of our Princes haue in hym any thing as hee is a man frayle and full of humanitie it may please him to touche his harte Let vs seeke peace flye debate aboue all serue our God honour our King whom he hath established ouer vs and after him loue and regarde the Princes of his bloud Let vs call to mind the mishap and miseries hapened in our time through eiuil dissentions and let vs set before our eyes the afflictions and oppressiōs which we are vppon the poynt to beare if wee be so wicked periured and disloyall as to preferre straungers and enemies to our Crowne before our naturall Princes to whom we haue solemnly sworne our faith before God who for these 600 yeres haue so gratiously gouerned vs which is a double prescription to that which Iephta Iudge of Israel obiected to the Ammonites who pretended by Armes after 300. yeeres to recouer the Land which the Israelites had conquered from them Quare tanto tempore nihil super hac repetitione tentastis which we may reproch to those that falsly doe say that our Kings haue vsurped any thing of those from whome they pretend to be issued and whereof they weene to make a greate shewe if wee had no stronger defenses wherewith to vphold the possession of our Kings 4 For contrariwise our King and Princes of Bourbon who are all of one bloud discended of the Capets are the same who certeinly are issued of the agnation and famely of the same Charlemagne from whēce these Iuglers would fasty pretend the original of y e Lorrains euen as he also was of the race of the Merouingians Pope Innocent the third writing to the Nobles Prelates of Frāce about the yere 1200. eloquently testifieth the trueth of this storie speaking of Phillip Augustus pettie neuewe to Hugh Capet and Grandfather to S. Lewes whō he euidently reporteth to be come of y e sayd Charlemaign so as otherwise we must argue this y e Popes decretall Epistle of falshood Moreouer Regino the Historiographer who liued almost in the same tyme Ado of Vienne Ottho of Frisingen Martin of Pole Sigisbert Aimoinus others do name Robert great Grandfather to Hugh Capet Ottho his great Vnckle by the father and Robert his Grandfather Princes and Dukes come of the noble ligne of Fraunce of the which likewise euen of the Kings of Fraunce Odo before he was elected King did beare the armes and blason which were Flowerdeluces sowed vpon an azure field without number which also were not altered before the tyme of Charles the sixt who reduced them to three And certaine it is that Odo durst not haue enterprized to beare the armes of France if he had not bene a Prince of the Royall famelie The proofe whereof is cleare of doubt in that wee doe moreouer knowe y e the sayd Odo was by the Estates of France nominated for tutor and gouernor to Charles the Simple in his minoritie which in this Realme is neuer graūted to any but those to whom the succession may likewise fall as was adiudged after the decease of Charles the Faire in the yeere 1327. in fauour of Phillip of Valois ordeyned tutor to the wombe of the Queene then great and the child to come Againe after the decease of Charles the 5. and Lewes the 11. Also in our age the Estates offered the same office to the late King of Nauarre father to the King now raigning in respect of the minoritie of Charles the 9. Finally wee reade that by a common consent the Frenchmen declared the sayd Odo King of France and after him his brother Robert and after them Raoule come of a brother to Hugh Capet who was the fourth of his famelie that bare the title and name Royall but the first peaceable possessor of the Realme so that sith euery man seeth by our auncient Histories with what vertue and marueilous assurance our Predecessors did euermore resist the force of straungers that sought to plant their name in the Royal famelie we may not neither can thinke them to haue bene so fainthearted foolish and vnconstant as of their owne motion and free will to haue chosen the Capets if they had not beene of the house and famelie of their Kings meer for successiō in the Realm To whom for the proofe and verification of the contrary wee doe finde they had recourse for the conseruation of this law so relligiously euermore obserued among them and vpon the which they haue still accompted the libertie dignitie of this Realme wholly to depende Besides I would gladly desire these makebates of our tyme to shewe me any one Historie that maketh mention of any that euer made difficultie or obiected to the Capets that they were no Princes of the bloud of the Kings their predecessors and meete to succeede in the Crowne 5 But to take away all ambiguitie and to verifie the distent of our Kings and the Princes of Bourbon to be of the famelie not onely of Charlemaigne but also of Clouis and other the Merouingians of the first ligne whereof also was the sayde Charlemaigne as Matthew Zampin a most learned personage hath to y ◠purpose discoursed who hath not vsed falsified Chartres and Documents as hath De Roziers Archdeacon of Thoule in his genealogies of Lorrain against whom Nicholas Venier the true Treasorer of the Stories of France hath argued falshoode in his treatize of the originall of Frenchmen we must first vnderstād that Dagobert King or Duke of the Francons in the East Frāce about the yere of Christ 306. had two sonnes Clodomer and Genebauīt of which two brethren discēded in direct ligne Clouis the first Christian King of Fraunce and S. Arnoul Marquize of the holy Empire at Antwerpe afterward Bishop of Metz. This appeareth in the Chronickle of Chronickles in the Illustrations of the East and West France in Robert Cenalis Geofrey of Viterbe many other good Authors Now S. Arnoule before he tooke the holy orders of Priesthood had bene Mayre of King Clotaire the secōds Pallace about the yeere 546. who made him tutor of his sonne Dagobert the first of that name as sayth Otto Frisingen Aimoinus Regano Antoninus and Vincent the Historiall who writeth that this Arnouldes Dutchie lay neere to Flaunders toward Lorrain and Sigisbert witnesseth that hee married Doda who after became a Nunne at Treuers of which mariage issued three Children Ansegisus Walchisus and Clodulph The eldest otherwise called Anchises was Mayre of the Pallace to Clouis the second and maried Begga daughter to Pepin the elder and sister to Grimoald as sayth Sigisbert and Paule Emilius of whom came Pepin father to Charles Martel who of the fister of Childebrand begat Giles Bishop of Roan Carloman a Muncke and Pepin father to Charlemaigne Walchisus S. Arnouldes second sonne had a sonne called Wandragisillus both as sayth Sigisbert Canonized neither was their posteritie of any long continuance Clodulph the third otherwise called Elodulphe was as sayth Sigisbert
and Tritehemius after his father Bishop of Metz but he had before married Mary daughter to King Clotaire the 2. after some but as others say Almabert daughter to Carloman Duke of Brabant of whom hee begat a sonne named Martin who was Mayre of the Pallace of Thierry King of Austrasy with Pepin sonne of Ansegisus and Paule Emilie calleth this Martin Cossen to Pepin the Fat and Blondus nameth him his brother This Martin left a sonne called Childebrand and a daughter wife to Charles Martell saith Paule Emile whervpon other writers doe terme this Childebrand brother to Charles Martell and Vnckle to his Children in respect of the alliance that was betweene them Nicholas Giles calleth Childebrād Vnkle to Charles Martell Richard of Wassembourg nameth him Lambert he left a sonne called Theodorie or Theodowald who florished vnder Charlemaigne and being in his youth in the battaile of Ronceuaulx was made gouernor of Saxony about the yeere 780. and thereof was termed the Saxon he also led parte of Charles Armie against the Huns about the yeere 791. Paule Emile and others doe call him Charles Cossen which cannot be but by the sayd Childebrand In an other place the sayde Paule sayth that this Theodorick had the precedēce because he was a Prince of the bloud before Geilo Constable of Fraunce Thierry maried y e daughter of Witichindus a Prince of Saxony who a little before was Baptized this mariage was made to y e end by the alliance of the bloud Royall the Saxon might bee kept in duetie and amitie with the Estate of Fraunce after the example of Charles the Bould toward Godfrey Duke of the Normans whom hee caused to marrie Giles daughter to his neuew King Lothair and as Charles the Simple deit with Rollo the Norman Of this marriage of Thierry with the daughter of Witichindus discended Robert In respect whereof the Abbot of Vspergue speaking of Odo the first Capet that was crowned King of France sayth that his father was called Robert and his Grandfather Witichindus This man was Marquize of Aquitaine against the Normans who slew him and Ranulph Duke of Guyente in the tyme of Charles the Bould Whereby wee may learne that y ◠Princes of this house were termed Saxons either in respect of the gouernment of Theodorick in Saxony either els because of the alliance entered with Witichindus the Saxon whereof our deceiuers being ignorant tooke occasion to thincke the Capets originary Saxons straūgers notwithstanding in troth they were very Princes of the bloud royall of France Earles and Marquizes of Anieow in which Prouince the Annales of the Countrey do testifie that Thierry father to the sayde Robert deceased at the age of 80. yeeres or more and his sayd sonne Robert after him after whose decease the Countie of Anieow was committed to to the custody of one Hugh an Abbot during the minoritie of Odo Robert and Thierry sonnes to the sayde Robert to whom it was rendered after the decease of Hugh whome some doe make brother to the first Robert Thierry one of Roberts children was Earle of Bourgondie had a sonne called Richard Duke of Bourgondy who begat Raoul who with the help of his Cossen Hugh the Great was vppon the resignation of Charles the Simple proclaymed King of Fraunce and was the third Capet that before Hugh bare the name and title of King of this Crowne which still fell out by the nomination and cōmon agreemēt and consent of the Nobilitie which is a most sufficient testimonie to proue that the Capets were vndoubtedly Princes of the bloud sith the Frenchmen so sore enemies to forraine gouernmēt had euen at once respect to those mē and so often had recourse to their armes as to their naturall Princes Richard likewise begat Gisilbert Duke of Bourgondie who had one onely daughter that was wife to Ottho brother to Hugh Capet to whome shee brought the Dutchie of Bourgondie Odo second sonne of Robert and Earle of Paris was tutor to Charles the Simple and afterwarde beeing proclaymed King of France dyed without issue Robert the third sonne was Constable of Frāce and admitted King after y e decease of his brother whereby hee grewe into great hatered with Charles the Simple and finally dyed about the yeere 922. leauing issue Hugh the Great Earle of Paris Duke Constable of Frāce as sayth Paule Emile This man in reuenge of his fathers death endeuoured as sayth the Abbot of Vspergue to make his Cossen Raoule Duke of Bourgondie King He maried Hauide daughter to the Emperour Henry and sister to Ottho the first of which mariage discended three sonnes Hugh Capet the first peaceable enioyer of the Realme of France of that famelie Ottho who by his wife was Duke of Bourgondie and Henry who also after his brother Ottho was Duke of the same land Thus may you see the progresse and true genealogie of our Kings discended of the said Capet wherby appeareth the falsehood of our sclaunderrs liedgerdemain who giue out that the Capets beeing straungers did vsurp the Crowne of the house of Charlemaigne whereof neuerthelesse I haue heretofore shewed you that it is 580. yeeres since that race was vtterly extinct so farre are the Princes of Lorraine from taking their originall thereof neither neede we beleeue the fable of adoption inuented by du Rozieres as false as blockheaded and doltish a Chronegrapher and Historigrapher a worse Lawyer For he should haue knowne that his pretended adoption made by some one of the Carlians of that name from whom he would bring the discent of the Lorraines could not take holde in the Realme of France which is successiue so long as any one Prince of the bloud liued Besides that at all assaies it had bene requisite euen in default of heires of the Crowne that this adoption with the notice of the cause had bene made by the general Estates of the Realme so to haue made the adopted capable of the succession as I could at large shewe him if there needed any confutatiō of those fables which they would suppose vnto vs in the vnderpropping of the pretences of straungers our enemies with a rotten poste but I will content my selfe with the representation of the genealogie of the Capets aforesayd wherby you see how they abuse vs. Wherfore let vs there leaue thē and among our natural Princes let vs put of all passion iudge what is right also what preeminence the one may haue ouer the other both by reason and ciuil discourse If it were to any purpose to lay open to the French the rules of establishment of a Tyrant straunger an vsurper of an Estate there is no man how greatly soeuer affected to the fellonie which good men doe finde to bee now conspired against the honor of the King and the Princes of the bloud Royal by these perturbers of the peace of this Crowne but would abhorre euen to heare
the same spoken of To conclude therefore I will now coÌ„tent my self with warning euery one to mark and consider the meanes which such alwaies as haue gotten the vpper hand of a Lordship whereto they had no other right but habilitie haue houlden and then I hope they will thincke that the gouernment of a naturall Prince is gracious louing and fauourable in respect of y e mistrustfull suspicious and tyrannous straunger vnto whom not onely the deedes and wordes but also the gesture behauiour yea the goodes and welth of his Citizens are suspected because he feareth his owne shadowe Remember the auncient Fable of the Pigeons who when they had elected the Ringdoue to rule them were soone wearie of her courteous and gentle gouernment which they termed soft and delicate and in her roume chose the Kite who in liew of wel entreating of theÌ„ did eate beate and dayly teare some one among them in sunder with her beake and wings whereat these miserable fooles being offended could haue bene coÌ„tent to haue returned vnder the yoke of their first election but the Kites tyrannie could neuer brooke it whose successors do yet to this day practize their roine vpon them Once it fell out that the Frenchmen through wicked counsaile in liew and place of their naturall Prince whom they bare somewhat heauy were suborned to elect one Giles a Romaine of whom they were soone wearie after they had casted what it was to liue vnder one whose humour and birth did not agree with his subiects and it fell our well for them that their King was of power sufficient to resume them againe into his protection The ende of the third part ⧠THE CONTENTS OF THE FOVRTH part of this Booke 1 The authorities of Doctors for the preferment of the Neuewe before the Vnckle 2 Examples of the preferment of the Neuewe before the Vnckle 3 Reasons in law for the Neuew against the Vnkle The Neuewe succeedeth in the eldership of his father in proper person as being substituted to his late father 4 The right of eldership is transmissible perfect wanting but execution 5 The right of eldership is legall or custumary 6 The Lord Cardinall of Bourbons acknowledgemeÌ„t in the fauour of his neuew the K. of Nauarres mariage 7 Answere to the examples of the Vnckle alleadged against the neuewe 8 Answer to the Vnkles reasons against the neuewe Substitutions and continuatioÌ„ froÌ„ the father to the sonne in collaterall ligne by Iustinian 9 Successiou once roored in a ligne neuer departeth the same vntill it be finished or worne out 10 The order of Tutorship and the succession of free borne Libertines is vnlike 11 The Kings youth neuer debarreth theÌ„ from the Crowne The opening of the saying that personall right is not transmissible 12 Successions made by ciuill lawe and custome confessing the right of eldership are farre vnlike THE FOVRTH PART OF the Cath. Apologie IN the fourth Obiection the King of Nauarres aduersaries doe oppose against him the Lord Cardinall of Bourbon his Vncle as neerer by one degrée and nowe by the decease of the late Anthonie of Bourbon Father to the sayd Lorde King of Nauarre the eldest of the house of Bourbon 1 This question is one of the most tossed of all others and can not be decided by the arrestes of the Salicke Lawe that wee haue in these words De terra verò Salica in mulierem nulla portio haereditatis transit sed hoc virilis sexus acquirit hoc est filij in ipsa haereditate succedunt sed vbi inter nepotes pronepotes post longum tempus de Allode terrae contentio suscitatur non per stirpes sed per capita diuidantur But the decision hereof we must séeke in the Commentaries of our Doctors which Accurtius Odofrede Pope Innocent the fourth Durand Ric. de Malumbris Iohn Andrew Alberick de Rosatis Barth Balde Paule de Casiro Angel Aret. Martin de Lande Iohn Faber Pet. de Ancar Barbat Felin Ausrerius Wil. Benedict Cassanee Lewes Bolognine Matth. de Afflictis Andreas Sicul. Abbas Panormitanus Bartholomeus Sosinus Iason Alciatus Tiraquel Lewes Charond Choppinus and many other haue concluded in fauour of the Neuewe against the Vncle who termeth himselfe eldest by his brothers decease either indirect or collaterall lyne in successions indeuided as Realmes Empires Duchies CouÌ„ties and Marquisates Yea Decius imitating Socinus doth write that amoÌ„g the Interpreters of Ciuill Canon law hi qui pondere numero mensura praeualent haue alwayes consulted and determined against the Vnkle so that by the authoritie of so many skilfull persons the sayd Lorde King of Nauarre hath the better cause of the Cardinall his Vnkle Secondly the foreiudgements must be alledged for the decision of this controuersie Balde hoâ—ldeth that euermore it hath so bene obserued and decided in all contradictorie iudgements of France and England And Paul maketh mention of the Spanish law in this respect solemnly sworne vnto by the states of the same lande in deede we reade goodly examples both of these and many others 2 First in France for the same house of Bourbon in the time of Lewes the Fat king of France about the yeere 1110. Hanno had expulsed his Neuewe Arcembault a young child sonne to his elder brother pretending that the Lordship perteined to him as being entred into the Lawe of the eldership by the decease of his elder brother But the French Nobility forced the vnkle to giue place to the Neuew whom they substituted in the roume and place of his brother reseruing to Hanno onely some portion of the goods as to one of the Children of the same house An other example we haue in the posteritie of Henry the second K. of England who had three sonnes Richard Cordelion Secondly Geffrey who had maried Constance the Heyre of Brittaine and dyed in his Fathers time leauing his Wife great of Arthure afterward Duke of Britaine and Iohn surnamed without land Soone after the fathers death dyed Richard also without issue whereupon Phil. Augustus King of Fraunce who raigned about the yere 1141. adiudged the Dutchy of Normandy with other the Landes that the said Richard held in Fraunce vnto Arthure sonne to Gâ—ffrey his elder brother but afterward the sayde Iohn made peace with Augustus through the mariage of his sonne Lewes vnto Blanch. Neece to the sayd Iohn by his Sister wife to the King of Castile togither with some Lands that the saide Iohn habandoned to the sayd Phillip So that Arthure still prosecuting his right was slaine by his vnkle Iohn wherevpon the King of Fraunce tooke occasion for that fellony to confiscate all those landes as hauing alwayes fauoured and aucthorised the cause of the sayd Arthur The third iudgement passed in the tyme of Charles the Fayre King of Fraunce about the yeere 1331. for the Earle of Flaunders for Lewes of Neuers was by the Peeres of the Realme declared Earle of Flaunders and preferred before his
Vnckle after the decease of Earle Robert because he was sonne to the elder who dyed afore his father True it is that for entering vpon the sayd Countie and taking vpon him the title of Earle before he had taken his oath done homadge to his Maiestie he was arrested at Paris and imprisoned in the Castle of Louure from whence he was soone after deliuered againe An other solemne arrest passed in the tyme of Phil. of Valois about the yeere 1328. for the Dutchie of Brittain by reason of the decease of Duke Iohn who dyed without issue leauing behind him his third brother Ih. Earle of Montfort and the daughter of his second brother Guy Vicountie of Limoges then wife to Charles Earle of Blois vnto whom by sentence of the Court the sayd Dutchie in the yerre 1341. was adiudged because Charles of Blois shewed y â— by the custumes of Brittaine the succession belonged to the eldest theÌ„ to the second and lastly to the third thereupon inferring that his wife daughter to the second did represent the same person But where the house of Montfort did afterward enioye the same Dutchie that came by vertue of a certaine agreement afterwarde made at the entrie of Charles the fifth in the yeere 1364. An other sentence passed in the tyme of Frances the 1. in the yeere 1517. for the Countie of Foix and other the landes belonging to the same famely betweene Odet of Foix Lord of Lautrect and Villemur and Henry of Albret King of Nauarre Grandfather to the King of Nauarre now raigning for Gaston of Foix and Eleanor of Nauarre had two sonnes Gaston the eldest and Iohn Vicountie of Narbonne the yonger Gaston dyed before both father and mother leauing suruiuours by his wife Lady Magdalem of Fraunce daughter to Charles the seauenth two children Philip Phebus and Ratherine whereupon their Vnckle Iohn Vicountie of Narbonne hauing maried the sister of King Lewes the 12. made suite against the sayde Phebus his neuewe pretending eldership by the decease of his brother Gaston The cause pleaded in the Court of Parliament was by the Counsaile compounded in the yere 1488 but soone after began againe by Gaston of Foix Duke of Nemours sonne to the sayde Iohn being in great fauour with his Vnkle King Lewes the 12. but because hee dyed at the battaile of Rauenna without issue it seemed this processe might haue ended but it fell out otherwise for Odet of Foix his Cossen and pretended heire tooke the same cause in hand against Katherin sister to the sayd Phebus deceased and proceeded so farre that by arrest of the Court in the yeere 1517. he was put by the sayd CouÌ„tie together with other the Lordships of the same famelic adiudged vnto Henry of Albret sonne to the sayde Katherine and his posteritie of whom as is aforesayd is discended the now Lorde King of Nauarre In England after the decease of Edward the third in the yeere 1378. Richard sonne to Edw. Prince of Wales was without contradiction crowned and preferred before his Vnckles the Dukes of Lancaster of Clarence of Glocester and Yorke but aboue twentie yeeres after for his euill behauiour and misgouernment he was deposed and his Cossen Henry sonne to Iohn Duke of Lancaster set vp in his place In Portugall King Alphons the fifth had two children Fernand and Henry who beeing the elder deceased before his father leauing a sonne named Iohn after the decease of the said Alphons the said Iohn commonly called Iohn the second whoÌ„ the common Histories doe falsly terme sonne to the sayd Alphons did peaceable enioye the Crowne from the yeere 1482. vnto the yeere 1495. when he dyed without issue and then his Cossen Emanuell sonne to Ferdinand succeeded him The sayd Emanuell hauing raigned 22. yeres among other children left his sonne Iohn the third who was crowned after him and Henry the Cardinal Iohn the 3. during his raigne had a sonne of the same name who dyed before his father leauing his wife with childe of Sebastien who after his Grandfather Iohn the 3. was preferred before his great Vnckle Henry brother to the sayd Iohn the 3. notwithstanding the sayde Sebastiens father was neuer King and that the said Henry might haue obiected the same but he raigned not vntill the sayd Sebastien dyed and left no issue which question sayth Tiraquell doth so resemble ours as one Bee may an other In Castile King Alphons the 10. had two sonnes the elder Ferdinand who maried Blanch daughter to S. Lewes and of her begat Ferdinand and Alphons The younger called Sanxi who seeing his elder brother dead and waying his neuewes right to the Realme could not tary the decease of his father the sayde Alphons but during his life time raised warres to the ende to procure himselfe to bee declared heire whereat this good olde man was so wrath that he accursed him Besides that the French King Phillip the third Vnckle by the mother to the sayde yong Princes after he had therevpon asked aduise of the wise men of his Realme led an armie vnto the frontiers of Spayne and had gone forward had not the Popes Legat lingered him with wordes together with the assurance which the sayde Alphons made him viz. that he would vpholde the right and cause of his sayd neuewes which neuerthelesse he soone after he forgat and sent out his Letter sealed with gold and his owne Image therein grauen to his subiects repugnant to the former and by meanes of the same by forcâ—establishâ—d Sanxi his seconde sonne so as the orphelins were not ouercome but with the sworâ— without any shewe of reason as the historie doe import In Sicill the like quarell being moued betweene the sonne and the neuewe of Agathocles in the extremitie of his sicknesse the neuewe by the will and iudgement of God ouerthrew his sayd Vnkle and remayning victor was King ouer the whole Land In Germany vpon the like controuersie vnder Henry the 3. after vnder Ottho the Great the histories doe report that the States of the Empire met and agreed that this debate should as the custome of that time required be ended by a coÌ„bat wherein the defendants of the cause of y â— neuew sonne to his brother y t would haue had his fathers roume were conquerors and thereupon the sayd Estates did so conclude and adiudge it More solemne also is the sentence which Licurgus the true Oracle of humaine wisedome gaue in his owne cause about the 17. Olimpiade in the time of Numa King of the Romaines for wee reade that his father Enomus King of the Lacedemonians had two sonnes Polidectes and Licurgus the first dyed before his father leauing his wife with childe Enomus dead Licurgus tooke the royall Diadem and kept it a fewe moneths vntill at a banquet among his friendes his neuewe the after borne was offered vnto him whome hee named Charilaus withall set the Crowne vpon his head To
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