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A04988 A Catholicke apologie against the libels, declarations, aduices, and consultations 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.; Apologie catholique. English Belloy, Pierre de, ca. 1540-1613.; Aggas, Edward, attributed name. 1585 (1585) STC 15137; ESTC S108196 138,975 314

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to the Lady Loise married into the house of Roch-sur-you the Countie of Montpensier and landes of Combrailles which in so doing he rected into a Dutchy meete for the heires of the sayde Lady who at this day do beare the same name of Bourbon and are extract out of the second principall braunch of this house which we left of aboue vntill we had ended the first braunch of the elder And now to returne to the sayde Sir Charles in him dyed the ligne male of the principall stock of the house of Bourbon As for his two Sisters the one called Claude was wife to good Duke Antony of Lorrain whose stocke yet remaineth The other Loise was maried into the other principall braunch of Bourbon who hath left issue of the name of this house 13 Now let vs take the seconde braunch the first chiefe partition of this race which is the stocke of the latter yonger borne and yet remaineth to this day in the roume of the eldest and beareth the Name and full armes thereof as remayning alone after the default and ending of the elder Concerning y ● males this ligne beginneth againe in Iames of Bourbon the yonger Sonne of Lewes first Duke of Bourbon of whom we haue spoken before This Iames was Constable of Frāce after Charles of Spaine who flew Charles King of Nauarre in the time of King Iohn He had to wife Iehane of Saint Paule and was and so named himself Earle of Marche Of him came one onely sonne named Iohn who succeeded hym and married Catherin Countesse of Vendosme and Castres who brought into this house those two Counties togither with the landes of Carcuecy Lupe Conde Espernon Mōdoubleau and others Of these two issued three children Male Iames Lewes and Iohn also three daughters Anne wife to y e Duke of Bauiere Charlot maried to the King of Ciprus and Mary to Robert of the Crosses who tooke his saide wife by force and therfore fled and it was said he was drowned In his tyme hee gouerned King Charles the seuenth Now to retourne to the issue male Iames had to his protion the Counties of March and Castres Lewes the Coūtie of Vendosme As for Iohn he had the Lordship of Carcuecy and maried a gossip of his called Margaret a Vandosmois by whom hee had some Children and got a dispensation to haue her to Wife notwithstanding the said children were not aduowed into this famely neither succeded in his goods but by sentence were declared illegitimate and which is more the said Iohn of Bourbon the Father in his Testament willed great giftes and substitutions to the behoofe of his other two sonnes Iames Lewes in whose persons he planted him selfe and raised the first after bough and vnder twigge of this second principall branch 14 This Iames of Bourbon eldest sonne to Iohn liued in the time of Charles the sixt and had two wiues the first Beatrix of Nauarre the yōger daughter of the house of Nauarre which was the first alliāce of those two houses They two had issue a daughter named Leonor After the decease of the saide Beatrix the said Iames of Bourbon allyed him selfe by marriage as it is pretended with Iane Queene of Naples who had before as the speech went promised marriage to the King of Arragon and deceiued them both So as the sayde Iames of Bourbon beeing gone into the Realme of Naples was in the ende forced to leaue the sayd Iane and to retire into Fraunce where after his returne he still bare the title and name of King of Naples notwithstanding the sayd Iane had afterward giuen it to others and finally deceased leauing for his onely heire the sayd Leonor his Daughter who succeeded him in the sayd Counties of Marche and Castres She maried Bernard of Armanack Earle of Pardiar a yonger sonne of the house of Armanack These two had issue two sonnes Iohn Bishop of Castres and Iames who succ●eded in the sayd Counties of his father mother and besides in the right of his sayd mother Beatrix of Nauarre layd claime to the land of Nemours which he procured to be erected into a Dutchy tooke possession thereof and enioyed it He married the Daughter of Charles of Anieow Earle of Mayn and of Isabell of Luxembourg his wife This Iames of Armanack at the beginning was in fauour but afterward fall into suspition with Lewes the eleuenth and was executed at the Halles in Paris the 24. of August 1147. he left fower Children two Sonnes and two Daughters Iames Duke of Nemours and Lewes Earle of Guyze the two Daughters Margaret Charlot married into the house of Rohan who deceased without issue of their bodies so as in them failed this vnder twigg both male and female 15 Now remaineth to bee spoken of the ligne of Lewes brother to Iames. He for his part had the Countie of Vendosme and was taken at the battell of Agincourt in the tyme of Charles y e sixt He maried first Lady Iane of Roussy secondly Lady Iane of Lauall of whom discended one only sonne called Iohn of Bourbon who maried Lady Isabell of Beaumount of these two were borne two sonnes the one called Francis the other Lewes They had also sixe Daughters Iane wife to the Lord of Ioy●use the scond Iane first maried to Iohn Duke of Bourbon who was of the line of the elder of this house and secōdly to Iohn of the Tower Earle of Bologne of whome is issued Lady Katherine of Medecis Queene mother to the king Kitherin wife to Sir Gilbert of Chabaues in Limosin Charlot maried to Gilbert of Cleue of whō came the last Lord Duke of Neuers Rene Abbesse of Fronteuout Isabell Abesse of Caen as for the two Sonnes Francis the Eldest succeeded in the Countie of Vendosme Mondoublean Espernon and other Lands houlden of that famely wherto was added the Lordshippe of Saint Calais Lewes the yonger was made Lord of Rochsur-yan and of the landes of Lupe and Conde in Henault 16 Now because concerning the question now to be delt in wee are to argue of the succession of the elder we will seeke out the farthest and will first speake of the Branche of Lewes the yonger sonne Prince of Roch suryen He maried Loise of bourbon who was of the elder liue and sister to Sir Charles of B●urboun the last Of this mariage proceeded two Sonnes and a Daughter the elder sonne was Lewes who died but lately bearing the title of Duke of Montpēsier by the cōposition made in the time of the late Francis the first after the decease of Sir Charles of Bourbon Hee left one heire Male named Francis of Bourbon nowe Duke of Montpensier and sundrie daughters This Francis hath of his mariage with the daughter of the Marquize of Mezieres one onely sonne called Henry Prince of Dombes The other sonne of Lewes Prince of Roch-sur-you and of Lady Loyse of Bourbon was Prince of Roch sur-you who died within these fewe yeres without issue Wee must now then
namely Godfrey of Buillon so called for y t he was nursed in the Castle of Buillō which now y ● Bishop of Liege holdeth his brother Balduin But these remayning in the holy lande the kingdome whereof fell to them by the election made of the said Godfrey the Emperour Henry the fowerth in the yeere 1101. gaue the Dutchy of Lorrain to Henry Earle of Lembourg whome after hee had rebelled against him he had taken againe into fauour And in troth this Henry of Lembourg was a very bad man for besides infinit other his misdeedes we find that at the prouocation of the Pope thē being he moued warre betweene Henrie the fowerth and the fifth the father and the sonne The father gaue him the Dutchy yet he tooke the sonnes part and then retourned to the fathers side after whose death hee went and fell at the sonnes f●●te who committed him to prison and in the yere 1106. inuested Godfrey by some named William Earle of Louaine in the Dutchy of Lorraine whose seruice while hee was at Liedge hee vsed in taking Mountfaucon a hould the Lorde whereof was very insolent Of this Earle of Louain sprunge that house of Lorraine which yet continueth for vnto him succeeded Thierry to Thierry Thibault after Thibault a certaine Matthewe was Duke and so successiuely vnto the sayde Lady Isabell wife to Rene of Aniew as is aforesayd So as it is an abuse and manifest deceit to search the race of Charlemaigne in the house of Lorraine sith it is 580. yeeres since it vanished and was quite lost euen after that fower sundry Famelies haue succeeded one after another in the sayd Dutchy of Lorrain One of the yongest of which house who was Graundfather to the Dukes of Guise and Maine now being drawing into France with very smal wealth receiued as also after him his Children so many benefites at the hands of the Kings Francis the first Henry the second and his posteritie that they haue through the liberalitie of their Maiesties encreased their Patrimonie to a Million of Frankes of Rent that they houlde in this Realme whereas their grandfather Claude when he maried Lady Antoynet Bourbon daughter to the Duke of Vendosme had not aboue 14. or 1500. besides they haue bene honored with the greatest offices of y e Crowne as the office of great Master which was wōt to be in the house of Montmorencie and other of the most honorable So as it might be hard to thinke that nowe they would imitate the Moyle whose nature is to kicke and spurne at his Mother when hee hath sucked enough of her Milke either that they had so vnthāckfull a minde as to take weapon against the Royall Famely whereunto they are indebted in whatsoeuer they are yea and that vnder a false perswasion that they should be discēded from Charlemagne which is contrarie to all trueth 4 To verefie therefore that the Princes of Lorraine neuer came out of the house of Fraunce it will be sufficient to shewe that in the succession of the Dutchy of Lorraine they obserue not the Salicke lawe as it was iudged by the Fathers assembled at the Counsaile of Basill on the behalfe of Isabell of Lorrain wife to Rene of Anieow and daughter of Charles of Lorraine against her Cousen Antony of Lorraine the sonne of Ferry the yonger sonne of Charles Hereby it manifestly appeareth that thus they declare the Princes of Lorraine to bee no Frenchmen neither euer to haue bene of the bloud royall of Fraunce or capable of the Crowne for the which and in the soueraigne succession wherof the Salicke lawe hath of olde time euen since Pharamond bene religiously obserued and thereby not onely the daughters but the males of them proceeding haue bene excluded from the Realme of Fraunce according as the decree of the sayde lawe importeth in these words Of the Salicke landes the woman shall chalenge no portiō but the succession therof shall appertaine to the males The reason of this constitution is because our fathers did horribly detest the gouernment of straūgers which vndoubtedly must needes haue often happened if the males of daughters that were wiues to forraine Princes might haue bene capable as some would perswade y ● childrē of Lorraine y t they may pretende as wrongfully as did Edward of England whose cause was solembly ended by the whole states of Frāce for Philip of Vallois afterward King against the sayd Edward the sonne of Lady Isabell daughter of Phillip y e faire after that Prince Robert of Arthois had openly made an Oration to the Estates for the sayd Phillip and had among other alleadged the reason aforesayd the originall whereof he drewe from before the Emperour Iustinian and Paule Emilie speaking of the ioye and contentation that the French conceiued after this sentēce writeth thus King Phillip making his entrey into the chiefe Towne of his Realme was receiued with as great pleasure ioye and triumph of people as euer was King of Fraunce where was a world of people crying God saue the King The streates were paued with Flowers according to the seazon and adorned with the most triumphant Furniture that could at that tyme be found To bee briefe saith the Historie the people forgat no kinde of demonstration of their contentation for the comming of this King to the Crowne He saith moreouer y t the Towne feasted his Maiestie y e Princes of his bloud and Officers of his Crowne praysing publickly extolling him as the preseruer and defence of the French Maiestie and the libertie and dignitie of the Salicke law whereby the Frenchmē who were accustomed to prescribe lawes to Straungers were neuer ruled by them Then he endeth his speech saying that the most part of the night was put away with the light of Bonfyers throughout y e Realme and the howers of sleepe consumed in daunsing singing and all sortes of honest and delectable mirth especially at Paris y ● townes men marched in great troupes to congratulate each other for the welcomming of this King whom they termed the Bulwarke and preseruer of the best of their lawes These good fathers were no basterdly French as are those of our cursed world and would haue kept themselues farre from informing much lesse from begging those meanes that might bee imagined for the breach of this goodly Salicke lawe which is the onely Oracle of France and true rampier of the French dignitie which also sith it is euident that the Princes of Lorrain haue not vsed it is an vndoubted demonstration that they are not discended of the race of our Princes who haue so highly commended it in their Empier and soueraigne gouernement 5 In deed our deceiuers since considering that this foundation was too rashly propounded and might breede hatred in the King against the Princes of Lorraine whome they would bring into this bad action because his Maiestie beeing iustly agrieued hath power enough and ready to chastize the Authors of
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 whō is discended the house of Guise now liuing Loise was abbesse of Fronteuault Now the said Charl●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 Frāce which can not discend but to y ● 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 protestatiō 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 iurisdictiō 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 daūgerous drifts of y ● 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 person● the fourth concerneth the auncient controuersie betweene the Vncle and the sonne of the elder brother But we will ende●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
behaued our selues toward them we shall surely find that we haue left no more to doe but either to destroy our selues and perish all togither whereby the one shall not scorne the other either els to let them liue among vs one with an other in peace and libertie of conscience and neuer be so desirous to driue them into heauen with the edge of the Sword But will you haue me tell you the trueth your pompe your pride your ambition and the ignorance of yours is cause of al this mischiefe Notwithstanding you see the the Church on a flame who is there among you I will except some small number that endeuoureth to amend his life and to distribute y ● Church goods in such sort as he ought See wee not still the Kinges Courtes the Townes and Country full of superfluitie of our Bishops and other Clergie men such a number of Abbots called Commendatories who are of no professed order of Religion but doe neuerthelesse deuour the reuenues that belong to the poore so many beneficed persons with diuers Bishoprickes Abbayes Priories and Cures some in title others in commendam of the which they neuer see so much as one vnlesse it were to the ende to farme the same foorth You may see their Churches fall in decay and the Priestes whō themselues haue annoynted begge their foode the rest of the poore dye for hunger at their gates And in one word to say all these Maisters haue no money to doe their dueties w tall no not so much as to procure preaching which themselues can not doe or for performing the deuine seruice either to instruct the youth For euery one doth sufficiently know that the late King Charles the nineth whom God pardon and King Henry the third now raigning visiting and comming to those Townes wherein the principal Vniuersities of their Realme are planted did ordeine that the Clergie of certaine Dioceses should contribute some small portion toward the salaries of the Doctors and Regēts of the same yet was it neuer possible for these poore people who are the seedes of iustice and vertue to reape any one penny Our Maisters haue nowe money enough to helpe to maintaine warre against the King vnder an imaginary and false pretēce of defending the Catholicke Religion You deceiue your selues if you hope to conuert others before ye make cleane your selues no neuer looke for it for it will still be obiected vnto you that you can see a mote in other mens eyes but cannot take away the whole blocke that blindeth your selues Why follow you not the example of Moses who when he beheld and sawe Gods people offende the deuine Maiestie with Idolatrie did not take the sworde to put them to death but began to crye O Lorde this people haue sinned forgiue them or els blot mee out of thy booke which thou hast written Let vs liue well let vs reforme our selues and let vs not be so careful for the wealth of the world We haue so long cryed out against those of the pretended Religion concerning this poynt that now they can say of vs The Doctor is to blame who reproaueth other for the fault that himself hath Yea they will saye worse for still they stand vpon the defensiue you are the assailants They haue euermore acknowledged the Kings Maiestie for their soueraigne Lord and neuer contemned the Princes of his bloud as the King himselfe in his Edicts hath not sticked to confesse but you endeuour to enstale Straungers against the estate and dignitie of his Maiestie who both before he was King and since hath prodigally ventred his life and hazarded his Crowne for the glutting of your desires and putting of your ouer rude counsailes in executiō What reason therefore haue you now to match your selues with the meere enemies to the peace of the Church enemies to your Common-wealth enemies to your King and the Princes of his bloud I saye to your most Christian and Catholicke King one that feareth God and one who hath peraduenture done more then he ought for the getting by armes that contention which you do wish for I am moued so to say because in trueth I beleeue and experience hath taught vs that the more we stirre vp this euill the more it encreaseth wherefore herein the best counsaile that wise men haue left vs were to resolue our selues that if this pretended reformed Religion bee not by the decree and establishment of Gods worde it will without any warres perish and vanish of it self as haue done so many former heresies but contrariwise if it be according to the wil of the holy Ghost we may crye out at our pleasures but it will fulfill his worke 10 But my Maisters if you be not led by malice are you so blinde as to thinke that the authors of this conspiracie which they terme a holy League bee ledde by any zeale of Catholicke Religion If that were their drift wherefore haue not they also called into the same such Lords Princes of the bloud as stil continuing Catholickes and liuing according to the Romish Church were neuer so much as suspected to bee of the pretended reformed Religion We know very well that the Lord Cardinal of Bourbon whose yeres they haue seduced and whom vnder a vaine hope of smoke they make to weare the knife wherewith to embrue his hands in his owne bloud hauing wrested from him the fayrest and most of his Benefices whereof by their suggestion hee hath depriued his owne Nenewes before he altogether became vnnaturall when they bounde him to this peeuishnesse offering vnto him their fayned League to signe requested that his Neuewes the Lordes Cardinall of Vandosme Prince of Conty and Earle of Soissons might bee included in y ● same wherto these our Maisters could not intend Whereof doe they suspect the Lord Duke of Montpēsier and the Lord Prince of Dōbes his sonne both being most Catholicke Princes onely that they bee of the house of Bourbon which they seeke to roote out and so doe make accoumpt to transferre the Crowne into their owne handes trying themselues onely vpon the sayd Lord Cardinall a man worne and of small continuance so contenting themselues to make him the standerd whereby to establish their armes neither would they auctorize the rest amōg their troupes fearing least they should haue better eyes then the sayd Lorde Cardinall to discouer their wicked entents besides that if it shoulde so fall out that they shoulde come to the drawing of l●ttes for the beane in the cake the people would rather haue recourse to these Princes as to the braunches and sprigges of their Kings and those who onely in their degrees and order are capable of the Crowne of France either els least the Frēch Nobilitie should blush for shame at the preferring of the tirannous dominion of strāgers before their French Princes and lawfull Lordes This is not the first day that the house of Bourbon haue bene subiect to the enuie and malice of these Espaniolized
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