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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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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
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 ● by the custumes of Brittaine the succession belonged to the eldest thē 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 Coūtie 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 whō 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 forc●establish●d Sanxi his seconde sonne so as the orphelins were not ouercome but with the swor● 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 cōbat wherein the defendants of the cause of y ● 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
and of Charles the first King of Sicil children to Lewes the 8. and brother to S. Lewes Likewise Lewes Duke of Bourbon could not bee admitted to make chalenge to the same Realme because hee was sonne to Robert of Fraunce the yonger sonne of the sayd S. Lewes whose succession was entred into the ligne of Phillip the 3. surnamed the Bould his eldest sonne of whom came two sonnes Phillip the Faire who was King by right of eldership and Charles Earle of Valois father to the sayd Phillip true successor to his Cossen Charles the Faire sonne of Philip the Faire who both were come of the braunch of the sayd Phillip the Bould eldest sonne to S. Lewes The like obseruation fell out after the decease of Charles the 8. King of France to whom succeeded Lewes the 12. sonne to Charles Duke of Orleans after him Frances the 1. sonne to Charles pettie sonne to Iohn Earle of Angolesme both discended of Lewes Duke of Orleans sonne to Charles the 5. surnamed the Wise whose comming to the Crowne procured his posteritie to be by right preferred before all other the Princes of Bourbon then being and those of Alencon borne in direct masculine ligne of Sir Charles of Fraunce youngest sonne to Charles of Valois and brother to Phillip of Valois King of France The second consideration is because by the lawe of the Realme the neerest must succeede to the Crowne but be must be proximior at y ● tyme of deferring the inheritaunce and when the succession is open as si familiae fidei cōmissum debeatur hi ad petitionem admittuntur qui ex nomine defuncti fuerint eo tempore quo testator moreretur qui ex his primo gradu procreati sunt in which case hee is called prior whom none preceedeth because prius and posterius doe consist in the tyme that the qualitie say our Maisters in a conioyned worde must be expounded after the time of the word namely it wee should otherwise meane and would note eldership at the tyme of the birth there must ensue an euitable inconuenience which is that y ● eldest dying the second should neuer take his rouine because he first included himself to the excluding of an other which in this argument is vtterly false wherein by the decease of the elder the second is without doubt made the first borne for in effect par est talem esse aut ex post facto talem fieri neither can this qualitie of senioritie beare any comparison betweene the elder deceased and the yonger suruiuing whereof it followeth that the dead being vnhable as not being in rerū natura his some must haue the like barre as succeeding in the person of his father Al these gay reasons might take place and were to be considered if the sonne of the elder non esset in medio neither were the discourse of the same any hinderance for by him and in him pater primogenitus censetur viuere tempore delatae successionis and in troth extante nepote inclusio primogeniti continet exclusionem secundi sith that filius fratris fratr● aequiparatur ita succedit atque pater si viueret sayth Iustinian also this new constitution facta in casu vero extenditur ad alterum vero aequiparatum after the opinion of Paule de Castro in his explication of Sceuola vpon y ● Counsaile of Gallus together with many other skilfull persons so that the father is not quite extinct while his sonne liueth though by a new soule he be a new man neither saith Papinian in totum falsum videri quod veritatis primordio adiuuaretur So that though the Vnckle cannot be termed yonger in respect of the elder deceased who neither in himselfe neither in any qualitie y t wee may suppose vnto him is any way to bee regarded yet when he shall beholde his neuewe the successor continuing and making a part of his late father he shall finde a faire argument and obiect of comparison of the others senioritie with his iunioritie First this principle is not alwaies true neither doth the habilitie or inhabilitie of the father perpetually take holde of the children As for example eius qui ante amissam patris dignitatē natus fuerit Againe de liberis illius liberti qui in seruitutem redactus sit To bee brief herein we may say as Alphons teacheth vs The father taketh not from the children those things that kinde Countrey and nature giueth them as is y ● right of eldership which is truely set in the person of the father being eldest of the house but it is graunted to him and his by the lawe custome and common order of the Realme and therefore is transmissible to his children Moreouer the deduction made by those of the contrary opinion might be admitted si per filium patri incapaci quippiam quaerendum foret and not otherwise as we find illius exemplo qui ex haeredatus liberto patris succedere non potest eius tamen filius emancipatus non vetabitur And in one word the incapacitie or inhabilitie of the father might hurt the sonne afterward borne but not him that were begotten before to whom his fathers calamitie can be no detriment so that the right of eldership being perfect sound and to the father obteyned in his life tyme is continued and transferred to his posteritie The third reason is that the right which is not obteyned cannot in any whatsoeuer qualitie bee transported or transferred to any heire whatsoeuer and therefore wee doe vsually say that haereditas nō adita non transmittitur as doth not also the age which is inseparable from the person and which beeing in question we haue no more respect to the successor then to his predecessor now the right of eldership proceedeth of the yeres and precedent light of the deceased father who neuerthelesse did neuer obteyne the succession in his life tyme as not being open so it followeth that the sonne of the elder can pretēd nothing neither could the father obteyne to him the right of his yeres wherein the sonne were more to bee considered then the father deceased as Constantine writeth si minor minori successerit ex illis persona restitutionis tompus connumerari To this obiection the aunswer is easie because we haue already shewed that the right of eldership is perfectly obteined to the eldest so soone as he seeth y ● light of the world and is made man and the § pro secundo which is alleadged to the cōtrary hath relation to that which presently is not obteyned neither in hope but may be altered by the onely changeable will euen vntill the death of him whose goods are in question Therfore in this matter wee argue not about the transmission or transferring of the life and yeres of the elder deceased into the person of his sonne but only of the right and preeminence that his senioritie hath brought