excommunicated all that took part with Lewis and put an interdict as they call it upon their Estates Lewis maintained himself against his fulminations both by an Assembly of his Prelates at Tours who cleared the obligations of the Kings conscience as his History speaks and especially by armes whereby he represt all the invaders of his State and put them to the defence of their own But John d' Albret and Catherine of Navarra were expelled from their State by Ferdinand the Catholique who making a shew to passe into Guienne to join with the English and seize upon the Kingdom of France by vertue of the Papall interdict suddenly turned upon Navarra and took it An. 1512. both because John d' Albret was united with the French King who was a rebell against the Church and an Enemy to the English with whom Ferdinand had alliance also because the Spaniards hold that there was a tacit agreement between the Kings of Spain not to suffer that any of the Spanish Crowns should fall into forrain hands or into houses not soveraign as those of Foix and Albret As the reason and pretence of that invasion was leight and groundlesse the French stand to their right to this day against that manifest invasion and hinder the prescription by arms Treaties and Protestations Paragraphe IV. Of the Kingdome of Arragon Cassan in his Book of the rights of the Crown of France with more zeal than judgement will ground those rights upon conquests 800. years old and antient expeditions of the French Kings into Spain where they took some Towns of Navarra Arragon and Catalonia not considering the many changes of successions in so many years The Conquests of Catalonia and Arragon by Charlemagne give to the French no more right there in these times than those of Caesar in France to the now Emperours The rights of the French over Arragon Catalonia Roussillon which have some ground may be reduced to two heads The first is how Charles Count of Anjou Brother to Saint Lewis was invested with the Kingdome of the two Sicilies against the children of the Emperour Friderick the II. Peter King of Arragon who had married Constance daughter to Manfred bastard of Frederick claiming that Kingdome from his wife made those bloody Sicilian Vespers An. 1281. An action which did incense the whole Christendome against that Peter well surnamed the cruell Pope Martin the IV. especially a Frenchman by Birth and affection who excommunicated Peter and put his Kingdome in interdict Not only by the general maxime of the Popes that in certain cases they have power over the temporals of Kings but because Arragon hath been of great antiquity a Fee of the Church of Rome So the Pope dealt with that perfidious King as Soveraign of Arragon To that purpose he sent a Legat into France which offered the Kingdome of Arragon to King Philip le Hardy for his Son Charles Count of Valois Whereupon Philip assembled the States Generall at Paris accepted the Popes gift and undertook the War against Peter took Arragon Gatalonia Valentia and invested his Son Charles with these Kingdomes paying five hundred Livers yearly to the See of Rome It is true that after these Conquests King Philip as he returned into France dyed at Perpignan and the French soon after lost all that Country Yet their right if they had any by the donation of the Pope remained as good as before But the Spaniards contradict that right saying that in the time of the greatest confusions about that quarrel a marriage was made between that Charles de Valois pretended King of Arragon and Margaret daughter to Charles the II King of Naples To which Margaret the Counties of Anjou and Maine were given for her portion which had been in the possession of Charles brother to St Lewis and by him united to the Kingdome of Naples with this proviso That though Margaret should die without issue Charles should possess these Counties yeelding all his right and claim to the Kingdome of Arragon which Charles did and so that great difference was ended The second head whence the claim of the French upon Arragon doth arise regards the second House of Anjou The second Son of King John of France was Lewis who was invested with the Dutchy of Anjou A Prince well known in Histories as he that was made regent of France in the Minority of Charles the VI. and after invested with the Kingdome of Naples by Queen Jane the first a right which he prosecuted and perisht in the prosecution But he left the title to his Children His Son Lewis the II married Yoland daughter to John the I. King of Arragon and of Yoland of Bar his wife The eldest sister of that Yoland wife to Lewis the II of Anjou which was Jane Countess of Foix being dead without issue and no childe remaining of John of Arragon but that Yoland Dutchess of Anjou she was the undoubted Heir of that State but her Uncle Martin Duke of Montblanc seized upon it Lewis sent the Bishop of Couserans to represent his right And when after the death of Martin he would dispute his right by the sword he was perswaded to put the businesse to an arbitrement for the Peers and people of the Kingdome of Arragon had chosen arbitrators to umpire the businesse between Lewis and Martin and examine the claimes of other pretenders And though the Umpires were almost all Arragones they would not pronounce any thing so that quarrel remained undecided And after the death of two Martins Father and Son the Arbitration being renewed nine Arbitrators deferred the Kingdome to Ferdinand Brother to Henry the III. King of Castilia That sentence was confirmed by the Anti-pope Benedict the XIII who being forsaken almost by all the world had taken sanctuary in Arragon Against the nullity of that sentence the Children of Yoland Lewis the III of Anjou and René did protest Yea the Children of René make War in Arragon to recover it in the time of Lewis the XI of France but they were constrained to forsake all and Arragon remained with the usurpers unto this day Yet I see not that the French urge much that claim being somewhat too old to be now revived Paragraphe V. Of Catalonia The like may be said of Catalonia which is a great Province of Spain bounded on the East and South with the Mediterranean Sea and on the other sides with Valentia Arragon and Roussillon It was both before the Romans and under them part of Hispania Tarraconensis as Arragon and other Countries near the River of Ebro Since which time being conquered by the Gotths and Alans together it was called by them Gottalania which name was since corrupted to Catalaunia It was under the Kings of the Gotths till the invasion of the Saracens an 713. who made themselves Masters of it as of most part of Spain But Charlemagne took it from them and all the Country near the River of Ebro about the year 800. expelling Zaron the
it came into the hands of particular Counts which failing the Country fell to the Counts of Catalonia How and in what time precisely I find not Onely I find that in the time of St Lewis Alphonsus his Brother Count of Toulouse and the King of Arragon being in suit about the County of Roussillon St Lewis was chosen Umpire as bearing himselfe for Soveraign of both who therefore ought to be their Judge and he did adjudge it on the King of Arragon against his own Brother It seems that holy King acknowledged the justice of their possession For as that County was united with that of Barcelonia it was held also by the same right Since the union of these with the Crown of Arragon it ran the same fortune with Arragon and was conquered by Philip le Hardy by vertue of the Interdict of Pope Martin the IV. Philip died at Perpignan and soon after all was lost and quited by Charles de Valois his second Son But of that right all the pretences of the house of Anjou upon Roussillon as upon Arragon and Catalonia the French themselves make no great account But upon Roussillon the French have a Title altogether singular John King of Arragon that lived in the time of Lewis the XI of France being in War with his subjects of Arragon and Catalonia as maintainers of his Son Charles Prince of Vienna and the true Heir of Navarra against him and finding his Subjects too hard for him as assisted by Henry King of Castilia desired Lewis the XI to assist him which he did with great might having sent him a good Army under the conduct of Charles d' Armagnac Duke of Nemours who confirmed the Crown to John and composed the difference between him and his Subjects At which time John engaged the County of Roussillon and the Town of Perpignan unto Lewis the XI for three hundred thousand Crownes which he borrowed of him Lewis notwithstanding many treacheries and attempts of the Arrogenese maintained himself in that Country and Charles the VIII his Son after him untill the design of the Conquest of Naples It was in the year 1492. that Charles the VIII began the enterprise of Naples And fearing least Ferdinand King of Arragon Son to that John would assist the house of Naples which was a branch of that of Arragon or should enter into France in his absence he returned unto him that County of Roussillon gratis not quitting but not demanding the three hundred thousand Crowns the King of Arragon having promist and sworn upon the holy Crosse and upon the Gospels that hee would serve the King against all his Enemies in that expedition of Italy The Governour of Perpignan did not yield but after many iterated commands seeing the importance of that restitution and fearing the infidelity of Arragon The French Historians blame James Maillert a Franciscan Frier Confessour to Charles the VIII saying he was won by Ferdinand to perswade the King to that restitution But Ferdinand instead of helping Charles in his expedition of Italy helped his Enemies in Italy and disturbed his enterprise of Naples Since which time the French have often redemanded that County as not redeemed with the three hundred thousand Crownes and represented that they were circumvented by Ferdinand but in vain till finally the sword hath done what reason and justice could not Perpignan being besieged and taken by Lewis the XIII of late years Thus of those six rights which the French pretend within the limits of Spain Those of Castilia Portugal and Arragon are old and stale That of Navarra is in its full force by their ordinary protestations That of Catalonia and Roussillon are no more pretended rights the French having the real possession of them Paragraphe VII Of the Kingdom of Naples Out of the limits of Spain the French have three great pretences upon the house of Austria 1. Upon the Kingdom of Naples 2. Upon the Dutchy of Milan and the Common-wealth of Genoa 3. Upon the Counties of Flanders Artois Because they pretend that these rights are in their full force they must be exactly examined Wee will begin at Naples 1. That part of Italie which is beyond Capagna de Roma and comprehends these antient Provinces Samnium Appulia Hydruntum Magna Graecia Campania Calabria and others all these I say which is well nigh one half of Italie make up the Kingdome of Naples Compania now Terra di Lavoro the River of Aufidus now Ofanto in Puglia and the River of Liris now Cantigliano near Capua were made the limits between the Empires of the East and West An. 803. Nicephorus then being the Emperour of the East and Charlemagne of the West So that part of the Kingdom of Naples and all that is on this side of the two Rivers remained with the Empire of the West The part beyond them with the Iland of Sicily remained with the Emperour of the East Not long after the Saracens invaded Italie The height of their fury was about the year 850. and in the parts about Sicily and Sicily it self where they setled themselves And for many Ages those Countries were the sad stage where the Latins on the one side and the Greekes on the other and the Saracens enemies to both acted a bloody Tragedy 2. About the year 1000 forty Norman Gentlemen returning from the Pilgrimage of the Holy Land gave a powerfull assistance to the Christians of the Kingdome of Naples against the Saracens and being returned home undertook not long after an expedition to Naples with more might under the conduct of Tristan Cistel a Norman These gave the beginning to the State of Naples partly by conquest partly by marriage under the names of the Counts of the Crosse of Puglia and Dukes of Calabria and in time advancing their conquests as far as Sicily they were crowned Kings of the same To that Family of Normans succeeded that of the Germans in the persons of Henry the VI. and Friderick the II Emperours and Kings of Naples That Friderick being fallen into the hatred of the See of Rome which is Soveraign of that Fee he was deprived of that State After his death his Son Conrard and his bastard Manfred and Conradin Son of Conrard having laboured to maintain himself in it finally the house of France was called to it after this manner about the year 1262. 3. By the falling out of all these Princes with the Popes great confusions happened in Italie The Pope Innocent the IV weary of the German race presented the Kingdome to Saint Lewis for his brother Charles Count of Anjou and Provence who was reputed a great Warriour And two years after Vrban the IV invested them with it An. 1264. That Country which he held from the Church contained the Kingdom of Naples and the great I le of Sicily and was called Sicilia ultra extra Farum because of the Far or Streight of Messina which separates the I le from the Continent But that Country was so
of the French Kings till that famous partage of the children of Lewis the Meek an 843. when the River of Scaldis being set as a limit of that which belonged to Lothary the Emperour on the one side and Charles le Chauve on the other that Country remained within the partage of the last who was King of France and containes a great extent of Land beyond the River of Somme near the Rivers of Scaldis and Lis butting upon the Ocean And because all that Country was full of Wood which made it be called Sylva Carbonaria Charlemagne about the yeare 771. placed there a Governour whom he called the great Forester of Flanders So also were his successors called and were not very considerable The first that erected this Country into a County was Charles le Chauve an 850. or thereabouts The first Count was Baldwin surnamed Bras de fer or Iron-arm for his great exploits against the Normans then barbarous and infidels who coming from the North infested those coasts both by Sea and Land This Baldwin stole away Iudith Daughter to Charles le Chauve and widow to an English King which action at the first moved Charles to a great wrath and hatred against him But Iudith having appeased her Father and Baldwin being very necessary for the defence of those Countries against the Normans he recovered the Kings Grace and it was upon that reconciliation that he was made Count of Flanders So that Baldwin is the head of that house of Flanders and Artois which then were but one Province 1. All that Country remained thus united in one County till the year 1180. when Philip August King of France married Isabella Daughter of Baldwin the IV. Count of Hainaut and Namur and of Margaret of Flanders For Philip of Alsatia Count of Flanders uncle to Margaret to shew his joy for that high alliance gave her the Country of Artois consisting in the Towns of Arras Bapaume Saint Omer Aire Hesdin and some others which Philip August enjoyed and his Sons after him till Lewis the VIII gave the Country of Artois to his third Son Robert for whose sake his brother St Lewis erected the same into a County of which this Robert did him homage and that house of Artois was a Royal house for a long time after Thus Flanders and Artois had their severall Counts and Lords as most of the other seventeen Provinces of Netherlands 2. King Iohn of France having given to his fourth Son Philip the Dutchy of Burgundy because he loved him dearly he procured a great marriage for him matching him with Margaret of Flanders only Daughter of Lewis the III. Count of Flanders and of Margaret of Brabant That Princess was held the richest match of Europe for she was Heir not onely of the Counties of Flanders Burgundy Artois Nevers Retel and other great Lordships but was also apparent Heir from her great Aunt by her Mothers side of the Dutchies of Brabant Lothier Limburg and the Marquesat of Antwerp That alliance made an 1356. was the beginning of the greatness of the house of Burgundy For that Philip and his three successors Iohn Philip and Charles united all these great States which afterwards fell into the House of Austria by marriage as we have represented before 3. Although the propriety of those two Provinces Flanders and Artois came to the House of Austria by the match of Mary of Burgundy with Maximilian the pretences of the Crowne of France upon that propriety being quitted by the reddition of the Towne of Arras an 1435. Yet the soveraignty thereof hath remained with the French Kings untill the Cessions by them made of the same by severall Treaties of which the first was that of Madrid That soveraignty is proved by seven Reasons The first is The homages which the Counts have alwaies payed to the Kings of France for these Counties and the investitures which they have taken from them of the same The second That the Kings of France have judged of the Counts of Flanders as Soveraigns and given them Lawes The third that they decided of peace and war in Flanders even against the will of the Counts The fourth That they have given grace to Flemmings as their Soveraigns and punisht them of their rebellions The fifth That it was especially promis'd and agreed that the Flemmings should resort to the Parliament of Paris The sixth That the Kings of France have protected as Soveraignes the Counts of Flanders The seventh That they have confiscated the County for Felony Briefly the Kings of France have exer cised all Acts of Soveraignty in Flanders and Artois a thing never brought in question or denyed before Charles the V. who being promoted to the Empire and fallen to great Wars against Francis the I. was delinquent in that duty and obtained the cession of that right by divers Treaties 4. It is then a known truth that Flanders and Artois did belong to the Soveraignty of France and that the question is onely whether the cession made at Madrid was just and valid Upon which the French say 1. That Charles the V being born a subject of France at Gant in the County of Flanders committed the crime of Felony by his Wars against his Soveraign whom also he took and kept prisoner which was often upbraided to him yea a sentence of the Parliment of Paris intervened against him whereby he is deprived of his Lordships depending of the Crown of Ftance for crime of Felony so that being a Felon against his Soveraigne he had no right either to treat with him when he kept him prisoner nor any way oblige him 2. The cession made by the Treaty of Madrid was invalid by the Law of Nations as done by a man kept in prison 3. That cession made at Madrid and in other Treaties is null by the fundamentall Laws of France which prohibit the alienation of the Soveraign rights of the Crown especially without the consent of the States Generall who never ratified all those Treaties And in effect the Parliaments by their sentences the Peers of the Kingdom by their Votes and all the learned and judicious by their discourses have condemned those Treaties And to this day the Flemmings and Artesians are accounted Regnicolae and have no need of letters of Naturalization CHAP. IV. Wars Agreements Treaties between the houses of France and Austria about their pretences from the Treaty of Arras to that of Vervins WE have seen how by the History and by Reason the two Houses of France and Austria will ground their several pretences As the differences between private persons beget suits in Law which end in the sentence of a Court so the jealousies between these two great houses have begot Wars which haue ended in Treaties Yet so that the Wars have begun afresh after These Wars have been many especially since the promotion of Charles the V to the Empire an 1519. For the Kings of France who without contradiction had the precedence before all Christian
also their place of honour and at the Mass That honour was seen by the place where they sate by the Censer and by the Pax which was given them in the time of the Mass Now whereas this Councill was held at three severall times under there several Popes Paul the III Jule the III and Pius the IV. In the time of Paul and Jule Charles the V was Emperour whose Embassadors without contradiction sat above the French Embassadors who in the sixteen first Seffions appeared very little and no place was held there under the title of Spain Yet some things hapned then which shewed the eminency of the French Kings above all others next to the Emperour In the Bull of the Indiction of the Councill Paul the III dated an 1542. the King of France is named after the Emperour in express terms and all the other Princes comprehended in one generall term and that twice Thus Charissimos in Christo filios nostros Carolum Romanorum Imperatorem Christianissimum Regem Franciscum duo praecipua Christiani nomins firmamenta atque fulcra orare atque obsecrare institimus A little lower Supra autem dictos Imperatorem Regemque Christianissimum nec non caeteros Reges Duces Principes quorum praesentia si aliàs unquam hoc quidem tempore maximè sanctissimae Christi fidei Christianorum futur a est salutaris rogantes atque obsecrantes per viscera misericordiae Dei c. In the beginning of the Council an 1545. Francis the I had appointed for his Embassadors Claude D'Urfé Seneschal of Forests Jacques de Liguieres President in the third Chamber of Enquests in the Parliament of Paris and the Deane Peter Danes since Bishop de la Vaur But being informed by some French Bishops that were at Trent that there was little hope that the Councell should do any good he called back his Embassadors who did not appear in the Councel Antony Filioly of Ganat Archbishop of Aix in Provence was there for the King who in the first Session when publike prayers were made for the Princes having required that the King of France should be named in expresse termes as he had been named in the Bull of the Indiction the Legats eluded that demand and said that the Fathers ought to be consulted about it and none was prayed for in expresse termes but the Pope and the Emperour all other Princes were comprehended in one generall term In the year 1546. Francis the I sent his Embassadour Peter Danes Bishop de la Vaur to the Councill At his reception he made a fine speech wherein he represented the State of Christendom and the great disorders crept into the Church even into the Court of Rome At which when a certaine Bishop did laugh saying Gallus Cantat Danes replyed readily Utinam isto gallicinio Petrus ad resipiscentiam fletum excitetur An Apophthegm which afterwards was rife in the mouth of the Fathers of the Councill An. 1547. when Paul the III to a void the plague the war of Germany would remove the Councill from Trent to Bolonia the Legates consulting the Fathers about it said that his Holinesse approved of it Communicato etiam consilio cum Imperatore Christianissimo Rege aliis Regibus ac principibus Christianis which is another expression of the honour which the Council did to the Kings of France But in the third Indiction of the Councill under Pius the IV. an 1561 in the Bull of the Indiction Pius the IV useth other words then Paulus the III and Julius the III had used before Thus Charissimos verò in Christo filios nostros Romanorum Imperatorem electum caeterosque Reges Principes quos optandum sanè esset Concilio interesse posse hortamur rogamus without any mention of the most Christian King Philibert de la Bourdesiere Bishop of Angoulesm Embassadour of France in the Popes Court expostulated with him by the Kings order for that neglect with protestation that notwithstanding that neglect he would not hinder the progress of the Councill yea that he had commanded his Bishops to go to the Councill The Pope answered that he had charged some Cardinals to form the Bull and that they had not heeded that Pointillo and that after they had named the Emperour they had not judged it necessary to name all the Kings but had comprehended them under one generall name The Embassador replyed that it was a Prerogative of the Kings of France not to be comprehended under a generall name The Pope answered that he could not foresee all things and that another time order should be given that the like errour should not be committed In the year 1562 the 18. of May Lewis de Saint Gelais Lord de Lansac came to Trent and three dayes after Arnault Ferrier President of the Enquests of Paris and Guy du Faur de Pibrac chiefe Judge of Tolosa sent by the King of France who were received with great honour by the Council yea great part of the Prelats subjects of the King of Spain went to meet them But Ferdinand de Avalo Marquess of Pesquera Embassadour to King Philip went out of Trent three dayes before and retired to Milan of which he was Governour pretending a feare from the Protestants of Daulphiné and the Switzers but in effect to avoid meeting with the French Embassadors who took their place in the general Congregation after the Imperiall Embassadors Pibrac made a fine Oration wherein he spake very freely against the disorders of the Church the small progress of the Councill in such a long time and for the liberty of voting in the Councill which was not to be expected from Rome He was seconded by the two other Embassadors Lansac and Ferrier The Pope complained of it and said that the King of France had sent not Embassadors but Advocates of the Hugenots And indeed the ill opinion which the Fathers of the Councill had of the beliefe of these three men was a cause why the Councill and the Pope dealt with them with more rigor In the meane while the French Bishops came to the Councill conducted by the Cardinall of Lorraine who was most honourably received by the Cardinall of Mantua and the other Legates Soon after the coming of the Cardinall of Lorrain Philip the II having called back the Marquesse of Pesquera sent to Trent another Embassador Ferdinand Quigones Count de Luna who being gone to Germany before to be present at the Coronation of Maximilian Son to the Emperour Ferdinand would know of the Fathers of the Councill what place they would give him Upon which the Cardinall of Mantua the first Legate having consulted with the Embassadours of France and the Cardinall of Lorraine he propounded unto them this accommodation that as for them they should keep their place next to the Embassadors of the Emperour and that some other place might be found for the Count of Luna over against the Legates on the other side or after the Ecclesiastical Embassadors or
third race Burgundy was governed by Dukes and three Brothers of Hugh Capet the first of that race held it But the last of them Robert was divested of them by his Nephew King Robert Son to Hugh Capet and it was re-united to the Crown All that was before the two Families of Burgundy of which we are to speak to discusse the right which the Spaniards pretend upon that piece of the French State 3. So then from the beginning of the first Race two Royall Families have possest the Dutchy of Burgundy The first began by Robert younger brother to King Henry the First and Son to King Robert To him his brother Henry gave that Dutchy in the year 1032. That Family continued from Male to Male without any interruption of Female succession untill the death of the last Duke Philip dead without issue An. 1362. Then King John at that time reigning in France seizd-upon that piece as an apanage so the French call the Portions of the Sons of France which are to return to the Crown when Heirs Male fail That apanage then being returned to the Crown King John bestowed it in the same nature upon his fourth Son Philip. This was the head of the second house of Burgundy which had four Dukes only successively This Philip called le Hardy invested by his Father then Iohn the third Philip le Bon the last Charles killed before Nancy An. 1477. who left his Daughter Mary his universall Heir She was married to Maximilian of Austria since Emperour and so carried all her estate into the house of Austria From that marriage came Philip Archduke married with Jane Inheritrix of all Spain and by her had two Sons Charles the V. and Ferdinand Emperours founders of the two Families of Austria that now reign 4. After the death of Charles killed before Nancy Lewis the XI seized upon the Dutchy of Burgundy as an apanage of France returning to the Crown Although Mary and her Husband Maximilian alleaged that the Dutchy had been given to Philip the Hardy by his Father King John as an absolute gift without any restriction of masculine descent That question though agitated on both sides will alwaies remain undecided The French Kings maintaining themselves in that possession Charle the V. Grandchild to that Mary grounding himself upon that right which we will declare afterwards required by the Treaty of Madrid that the Dutchy of Burgundy should be restored to him as his by his Grandmothers right and taken from her by Lewis the XI But after the return of Francis the I that Treaty was declared void as being contrary to all right of Nations which disannull Treaties made in Prison and extorted by violence contrary to the Municilpal Laws of the State of France which constitute the Kings to be alwaies Minors that is uncapable of absolute disposition as for the alienation of their Dominions So the Article of that Treatise concerning the restitution of Burgundy remained null though signed by the King Besides the States Generall of the Kingdom protested to the King that it was never in his power to alienate any Province of his State without their consent Which last opposition was of such force that since neither in the Treaty of Cambray nor in that of Crespy in Valois in which severall pieces were yielded unto the house of Austria any mention was made of Burgundy Yet the Kings of Spain take still the Title of Dukes of Burgundy So much for the Fact We will now examine the right 5. It must be acknowledged that the severity of Apanages for the Males onely to the exclusion of Females is not in use among the French but since the time of Philip de Valois who began to reign An. 1328 for remounting higher to Hugh Capet we find not that exclusion of Females from successions saving the ordinary preference of the Males before them And the Females were admitted Heirs in all kinds of estates whether given by the King or by others Yea many times the houses of the Sons of France have ended in Females that have transported their Estates to other Families as it appears in that of Dreux of Vermandeis of Courtenay and of others But since the time of Philip de Valois no Son of France had any apanage but upon that condition Which is evident in that all the apanages are returned to the Crown by the extinction of Males to the exclusion of Females as those of Anjou Berry Alanson and others Yea although that first house of Burgundy be much antienter and hath begun almost with the third race yet as it was the first and most important apanage we have in the History thereof an example of the exclusion of Females and setling the inheritance in the Males Hugh the IV. of that name Duke of Burgundy had three Sons Eudes his eldest John Lord of Charrolois and Robert the II. Duke of Burgundy Eudes was married in his Fathers life time died before him and left three Daughters Joland Margaret and Alice or Alix John the second Son was married and died likewise before his Father leaving a Daughter Beatrix of Burgundy Lady of Bourbon This was the Lady who being married with Robert Son to Saint Lewis gave a beginning to the house of Bourbon When Eudes the IV. died it seemed that the Daughters of the First or Second of his Sons should have inherited by the right of representation of their Father but they were excluded from it by their Uncle Robert who enjoyed it and his Heirs Male peaceably though these four Daughters had been married in great and potent houses 6. Philip the last Duke of that Race being dead King John took the Dutchy in his Possession yet did not reunite it to the Crown but presently gave it to his fourth Son Philip le Hardy whom he especially loved because he had saved his life in the battell of Poitiers though he was then very young He gave it him by a long Charter which indeed contains not in expresse termes the exception of Female Heirs but conferrs it upon him with the same rights by which himself came by it and by which he possesseth it Termes which have caused difficulty because John could be said to succeed to it by two rights the one as King the other as the next Heir-male of the last Duke If he succeeded to it as King the Dutchy being an apanage returning to the Crown in defect of Heir-Male then without doubt it was setled upon his Son Philip as a masculine apanage both because his Father gave it him with the same right by wh ch himself had got it And because the severe Law of Apanages was already in use from Philip de Valois Father to John and never was interrupted since 7. But King John say the Spaniards inherited of the last Duke as the next of blood and his Heir ab intestato because it appeareth in the Genealogy of that first Race of Burgundy that Robert the II he that had excluded his four
of France In the end seeing himself ill used by the English he grew weary of their alliance and ashamed of the harm which he had done to his Country Being then contented to agree with the King he met with him at Arras An. 1435. This was called the Treatie of Arras a fundamentall piece of the History of that age and the following By that Treaty after that King Charles the VII in as little dishonorable termes as might be had asked pardon for the killing of Duke John when he was Dolphin they agreed about many other Articles and the King gave many pieces belonging to the Crown The chief were these 1. He transported to the Duke and to his Heirs lawfully begotten the Towns and jurisdictions of Peronne Roye Mondidier to hold them by homage from the Crown and in Title of Peerdom to depend of the Court of Parliament of Paris 2. The County of Artois was restored unto him on the same Title with all the impositions amounting to fourteeen thousand Livers per an But of the rights of France upon the County of Artois we shall speak hereafter 3. He transported to the said Duke the Towns of Saint Quintin Corbi Amiens Abbeville Dourlans Saint Riquier Crevecoeur and all the other Towns Castles and Lordships seated upon the River of Somme on both sides together with the County of Ponthien and other Lands adjacent to the County of Flanders and Lands of the Empire All these Towns Castles and Lordships redeemable with the sum of 400000 Crowns Upon that Treaty all these Towns were delivered to the Duke of Burgundy and all the time of Charles the VII nothing was altered in this agreement Lewis the XI came to the Crown An. 1461. who being unthankfull and malicious although he had great obligations to the house of Burgundy yet as soon as he came to the Crown he conceived a great aversion against Charles Count of Charolois Son and Heir to Philip le Bon and would recover all those pawned Lordships arguing the Treaty of Arras of nullity and invalidity maintaining that his Father could not alienate so many pieces belonging to the State against the fundamentall Laws To disingage these Lands he laid great impositions upon the people till he had raised the four hundred thousand Crownes which he caused to be brought to Abbeville and delivered unto the Duke who soon after delivered all those places unto him Charles Count of Coarolois took that so heavily that he almost died for sorrow and conceived a mortall hatred against the Lord of Crovi whom he accused to have advised his Father to it And it was one of the causes of the War of the publique good which having been carried with various successe till the Treaty of Conflans near Paris 1465 the fourth Article whereof was that the King should give again to the Count of Charolois all the Townes seated upon the River of Somme lately redeemed with 400000. Crowns to enjoy them all his life time and besides that should give him the County of Guines for himself and his Heirs for ever This Charles who was since Duke of Burgundy enjoyed these Lands though not without Wars and Divisions against Lewis the XI Finally Charles being dead before Nancy An. 1477. Lewis the XI did suddenly invade the Dutchy of Burgundy as a masculin apanage returning to the Crown and all the Townes upon the River of Somme which the French have kept ever since Neither can the house of Austria pretend any just right to them as Heir of the house of Burgundy both because Charles the VII had not power to alienate these parts of his State as his Son Lewis the XI alledged and because all these Townes had been alienated upon condition of redemption with a certain sum which was paid by Lewis the XI unto the Duke Philip. And if they were restored to the Count of Charolois it was for his life onely Wherefore Lewis did not seize upon them but after the death of Charles At which time also he took Arras of which we will speak hereafter Paragraphe VI. Of the Dutchy of Britain The right of the house of Austria to the Dutchy of Britain hath more ground then any of the former and gave matter to many disputes especially in the time of the League the King of Spain Philip the II. representing the rights of his Daughter Isabella both to the Kingdom and especially to that Dutchy And when the Duke of Mercoeur who had cantonned himselfe in it finding himself too weak to maintain his own pretence to it which was upon another ground threatned to give entrance to the Spaniards into the Dutchy La Guesle the Kings Atturney Generall made a long speech to defend the Kings right of which the summary is this 1. That Francis the II. the last Duke of Britain dying An. 1488. left two daughters Anna and Isabella The second died young The eldest Anne had the whole succession and was married first to Charles the VIII of France by whom though she had many children none outlived the Father Who being dead she was married with his successour Lewis the XII by whom she had two Daughters Claude married to Francis the I. who by her had Henry the II who was Father to three Kings Francis the II. Charles the IX Henry the III. and to Francis Duke of Alanson all which left no issue He was Father also of Elizabeth the Third Wife of Philip the II. King of Spain who by her had the Infanta Isabella Wife to Archiduke Albert and Princess of the Low-Countries died An. 1633 and Catherine Dutchesse of Savoy 2. By the death of Henry the III all the masculine Race of Valois was extinct and the next Heir of that house was Infanta Isabella daughter to Elizabeth the eldest Sister of Henry the III. So if there was any Estate in that house inheritable by women it belonged to Isabella without question Philip the II dealing for his daughter after he was once satisfied that his pretence to the Crown of France in her behalfe was ridiculous asked that at least the Dutchy of Britain should be restored to her as the Estate which her great Grandmother Anne of Britain had brought to Lewis the XII an Estate which often had past to Females saying as it was true that she was the next in blood To these allegations these answers are given 1. That the Dutchy of Britain had been inserapably united w th the Crown by the coming of Henry the II. to the Crown for it is a fundamentall rule among the French that a King coming to the Crown uniteth unto the same all his Estate both Paternall and Maternall 2. Besides that tacit and municipall right to which all contrary pretence must yield there was an expresse union made An. 1532. at the request of the States Generall of Britain by Francis the I. upon condition that the Dolphin should take the Title of Dolphin of Viennois Duke of Britain which was then practised in the person of the
after repenting of that donation which he saw to be displeasing to the Colledge of Cardinals joyned with the Emperour for the dispossessing of Octavio who put himself in Henry the II his protection and that King powerfully assisted him both against the Pope and the Emperour and was at such odds with the Pope as to prohibit the bringing of any money out of France to Rome At which the Pope amazed desired peace of the King and desisted to oppose Octavio yea and caused the Emperour to restore Placentia to Octavio since which time Octavio and his successours have enjoyed Parma and Placentia At the same time the King protected also the Prince of Mirandola whom the Pope would oppresse Before that time an 1545. the Emperour got a great victory over the Protestant Princes of Germany Their two chiefe men Friderick Elector of Saxony and Philip Lantgrave of Hâ—sse were taken prisoners Whereby the Protestant party was so humbled that in the year 1550. they implored the help of Henry the II of France who past into Germany to relieve them The Constable of Montmorency in his way seized upon the Townes of Metz Toul and Verdun upon the Rights which we have set down in the third Chapter That enterpize of Henry in favour of the Protestants made the Emperour conclude a peace with them in haste So that the King being come to Strasburg was desired by them to return because they were agreed with the Emperour Returning from Germany he took many Towns in Lutzenburg Rochemars Danvilliers Ivoy Bovillon And the Emperour towards the end of the year 1551. besiegeth Metz so well defended by Francis Duke of Guise that the siege was raised the first day of the year 1552 Terrovenne is taken and razed by the Emperour The people of Siena fearing lest that Cosmo de Medicis Duke of Florence should make himself Master of their Commonwealth had put themselves into the Emperours hands hoping that he would bring them in their liberty But seeing that he would bring them under the subjection of Cosmo they called Henry the II to their help who gave them Blaise de Montlue for their Governour who since was Marshal of France in his Commentaries he hath described how that City was besieged But in the end they were forced to submit to the Florentine In the year 1555. the Emperour Charles resigned the Imperial Crown to his brother Ferdinand and all his other Estates to his Son Philip the II. A Treaty of Peace betweene Henry and Philip was moved near Ardres and perfected near Cambray an 1556. for ten yeares and sworne by the two Kings Feb. 6. But presently after the death of Jule the III. and the Pontificat of Marcel the II. which lasted but two and twenty dayes the peace was broken upon the Election of Paul the IV. a Neapolitan of the house of Caraffa allied to that of Melpha which had alwayes been of the French faction and was odious to the Spaniards who used all their power to hinder his election And when in spite of them he was elected they raised two powerfull Families of Rome against him the Columna's and the Vitelli's who revolted against the Pope being assisted by Philip. The King sends help to the Pope so the Truce is broken Many exploits of Arms were done about Rome But Octob. 14. 1557 the Pope and the Spaniard agreed and Henry called his Army back But at the same time Philip having married Queen Mary of England made his wife declare War to Henry by a Heralt of Arms who spoke to the King himself at Reims whence followed many various effects of war in Picardie and Champagne till the memorable battell of Saint Guintin lost by the French an 1557. where the Constable was taken But Francis Duke of Guise newly returned from Italy revived the sad condition of France by the taking of Calais Guines the Land of Oye and the Town of Thionville The two Armies of these two Princes being both in sight one of another in Picardy near the River of Somme the Constable of France and the Marshall Saint Andrew both Prisoners of the Spaniard the Popes Nuntio and Christina Dowagar of Lorrain Cosen-german to Philip manage a peace which was concluded at Chasteau in Cambresis in February 1559. By the first Article of that Treaty the French King was to execute religiously all the Treaties made between Charles the V and Francis the I. whereby they understood the cessions made of Naples Milan Flanders and Artois unlesse the present Treaty did contradict it but that Treaty mentioned onely the restitutions of the Towns taken on both sides and the rendition of the States of Savoy and Piemont to Philibert Emanuel Duke of Savoy Also by that Treaty a marriage was agreed on between Philip then newly a Widower by the death of Queen Mary of England and Elizabeth daughter to Henry the II. which for that reason was called the Queen of Peace In the celebration of that marriage Henry the II was slain Paragraphe V. From the peace of Chasteau in Cambresis 1559. to the death of the Duke of Alenson 1584. There was no open war between the two Crownes all that time which comprehends the reign of Francis the II Charles the IX and great part of that of Henry the III. But by the vertue of that Queen of peace the Union was so great that the troubles of Religion being risen in France Philip assisted the French Kings with his Armes Under Francis the II. In this reign of ninteen months the History observeth two notable things which are much for our purpose 1. The State of France being in trouble at the entry of this reign by the great favour of the Guises Unkles to Queen Mary of Scotland wife to Francis the II and by the Queen-mother Catherine de Medicis who took the Regency of the Kingdome to the prejudice of Antony of Bourbon King of Navarra and first Prince of the blood of France after the Kings brothers who being kept low and all the house of Bourbon with him seemed to threaten France of a Civil War Philip the II considering that State of France sent to Francis the II a letter which was read in the Councell whereby he said that he had heard how some great men of France being ill satisfied of the Government establisht by him his brother in law Francis threatned his State of a Civill War That he Philip was ready to imploy all his Forces and his life to make him obeyed as his good confederate and neighbour remembring the good instructions and the holy education which his Father Charles the V had received from Lewis the XII his Guardian 2. The house of Bourbon being degraded from the rank it ought to have had in the Court Antony King of Navarra retired into Bearn and when the Cardinal of Bourbon and the Prince de la Roche sur Yon conducted the Queen of Spain to her husband he bore them company Now because by the Treaty of marriage that
concluded between the two Crowns And the Treaty of Chasteau in Cambresis an 1559. was confirmed with the restitution of places on both sides And the frontiers between the two States setled as they have been kept till the rupture of the year 1635. There upon the dispute for precedence of Embassadours the Legat devised this expedient Hee sitting under a Canopy at the boards end set the Popes Nuntio at his right hand and after him the Embassadours of Spain John Richardot President of the Councell of State in Flanders John Baptista Taxis a Knight of the Order of Saint Jago and Lewis Verriken first Secretary of State in Flanders At his left hand were the French Embassadours Monsieur de Belliure and Monsieur de Sillery of whom the first was over against the Nuntio and so preceded by one degree the first of the Spaniards CHAP. V. The Affaires between the two Crownes from the Treaty of Vervins till now THat space of time wee will subdivide into three 1. From the Treaty of Vervins to the death of Henry the IV. 2. From that death to the rupture between the two States 3. From that rupture till now Paragraphe I. From the Treaty of Vervins to the death of Henry the IV. After the Treaty of Vervins the two States kept reasonable good intelligence Philip the II. died in the time of the Treaty The first difference between Henry and Philip the III King of Spain was about the Marquesat of Saluces which Henry redemanded of the Duke of Savoy who did nothing but by the order of the Councell of Spain And the Spaniard would not suffer the French to possesse any thing in Italy An exchange then was made of Bresse for the Marquesat Herein Philip did nothing against the alliance For the Duke having broken his word with Henry Philip refused to assist him and to be a favourer of his perfidiousnesse although the Count of Fuentes raised great forces to assist him In the year 1602. was the conspiracy of the Duke of Biron It was believed that the King of Spain had a share in his designes But the depositions of the witnesses against him speak only of Treaties and Intelligences with the Duke of Savoy and of the sharing of the State of France among the conspiratours Yet they said that Biron should have had the Dutchy of Burgundy Franch County and Bresse under the protection of the King of Spain Fontanelles a Gentleman of Britain who was convicted to have been one of the conspiratours for which he was put to death was accused to have treated with the Spaniard to deliver the I le of Tristan in Britain into his hands But Henry who had no mind to break with Spaniard would take no notice of that treachery The Spaniards pretence for these secret plots against France was that Henry assisted the Rebells of Holland with men and money Which the Spanish Embassadour having complained of he answered that the money which he sent to the Hollanders was to pay his debts for monies lent to him during the civil Wars As for the French Souldiers that served the Hollanders he could not hinder his subjects to take party where they listed and that some of them also served the Archiduke Howsoever that assistance was so resented by the Spaniards that they lost no occasion to stir disorders in France Many things hapned in the yeares 1605. and 1606. which shewed the enmity of the Spaniard against France As the Treason of Loste Secretary to Mr. De Villeroy who had intelligence with the Ministers of Spain and let them know all the secrets of the Cabinet Councell He was discovered by one Rassis a Frenchman that had taken Sanctuary in Spain Loste ran away and in his flight was drowned in the River of Marne so no more could be known of that Treason Then the Lady Marquesse of Vernuiel ill satisfied of King Henry whom she accused to have broken his promise to her treates with the Spaniard and inveigleth into her treason her Father d' Antragues and her brother the Count of Auvergne since Duke of Angoulesm Their design was to retire to the Spaniard and to make one day that Ladies Son a stone of scandall unto France Being discovered all three were convicted and condemned to death But the King gave them their grace In the year 1605. the reliques of Birons conspiracy appeared in the Provinces of Perigort Limousin and Quercy All was done under the name of the Duke of Bovillon Whether the Spaniard had a hand in it or no it was not known At the same time Mairargues a Gentleman of Provence treated with the Spaniard to yeild Marseille unto him He was discovered and taken conferring with the Secretary of the Spanish Embassadour and put to death This passage was near to have caused a breach between the two Crowns for the Embassadour of Spain expostulated with the French King because against the Law of Nations his Secretary had been taken and committed to prison The King justified the fact saying that he was found monopolizing againsthis State Nevertheless all was suddenly appeased Although at the same time another Treason was discovered a plot upon Laucate by two brothers Luquisses who had been won by the Governour of Perpignan In the year 1608. Henry the IV. mediated a truce between the King of Spain and the Hollanders At the same time the Morisco's of Spain secretly implored his aide against the oppression of the Spaniards But he sent them back saying that he would not be the first that should break peace but that if he was compelled to make War he might make use of their proffers Paragraphe II. From the death of Henry the IV. to the rupture betweene the two Crownes an 1635. A yeere before the Kings death an 1609. John William Duke of Cleves and Juilliers being dead without issue left his succession disputable betweene the Emperour Rodolphus who said it was devolved to the Empire and the children of foure sisters of that Duke married in the houses of Brandenburg Newburg Deuxponts and Burgan It was thought that the great Army which Henry had prepared a little before his death was intended to assist these Princes against the Emperour It seemes the Queene Regent knew so much for when the Archiduke Leopold had seized upon Juilliers after the Kings death She sent Marshall de la Castre to assist these Princes to whom he caused luilliers to be surrendred There the French had to doe with the house of Austria of the German branch In the year 1612. the two Crownes were allied by the marriages of Lewis the XIII with Anne daughter to Philip the III and of Philip Prince of Spaine who is now Philip the IV with Elizabeth eldest daughter of Henry the IV. And in the yeare 1615. these marriages were accomplisht at Bourdeaux The world was full of hope that this double alliance would strengthen the peace betweene the two Crownes An. 1616 the Dukes of Savoy and Mantua being in War one against