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 â— 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 FraÌ„ce 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 MoÌ„doubleau 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 CouÌ„tie 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 yoÌ„ger daughter of the house of Nauarre which was the first alliaÌ„ce 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 succâ—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 Ioyâ—use the scond Iane first maried to Iohn Duke of Bourbon who was of the line of the elder of this house and secoÌ„dly 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 whoÌ„ 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 Bâ—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 MontpeÌ„sier by the coÌ„position 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
Greece Also among other the Ecclesiastical aunswers of the Patâ—iarkes of Constantinople is to bee seene this of Germanus to the Bishop of Ara who enquired how he was to proceed against a maiden that had bene blessed and corrupted before her ripe age also against the Priest that had ministred these ceremonies Whereto aunswer was made that the maid should be seperate and the Priest put from his charge 5 As in trueth in all well ordered Commonwealthes there haue euermore bene established a certaine age for the conioyning and mariage of the Citizens of the same because as saith Fulâ—entius the lawe of mariage is by the will of God ordeined fâ—r hauing of issue it is meete that it be contracted at lawfull age So as by the pollicie of some Citties it was considered that the tyme of generation doth for the most part by nature ende in the man at the 70. and in the woman at the fiftie yeere Aristotle is of opinioÌ„ that after that age mariage is not to be permitted Whereto seemeth to agree that which is found in the establishment of the Romaines Among whom those Citizens were not iudged to haue satisfied the lawe Iulia which was made for mariages who to the ende not to be subiect to the penalties limitted in detestation of vowed chastitie did contract matrimonie the man after sixtie yeres or the woman after fiftie For Iustinian also writeth that some accompted it almost a wonder in nature to see a woman with childe after she were fiftie yeres of age And it seemed such marriages were contracted not so much in hope of begetting children into the CommoÌ„-wealth as in respect of some wealth or other perticuler commoditie that the one hoped for of the other by which reazon wee reade that Antigonus perswaded his sonne Demetrius to marrie an old woman named Philla vsing the authoritie of Euripides which he altered to his purpose and in liew that the verse said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he sayd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the ende the sence might importe that for some benefite hee should not differ the mariage of a wife though of a contrary age As on the other side also ouermuch youth was neuer accoumpted meete for the coniunction of mariage because therein generation cannot bee but lame and vtterly vnperfect the mother in greater daunger at her childbirth the father more vndiscreete in the coniunction and so the more hindered from atteining to that perfection and force which Nature reserueth to their bodies wherevpon the auncients imagined that the Idoll of Apollo gaue the Trezenians warning when he had them beware of casting their seede ouer hastely vpon the fieldes of their countrey 6 Finally concerning this present argument although the sayd Lady Iane of Albret had offended in marying with the late Antonie of Bourbon Duke of Vendosme because she had beene afore married to the Duke of Cleue yet were that no let why the King of Nauarre now raigning should not bee borne of the lawfull mariage of the sayd Antony of Bourbon his father who doing amisse that vpon simplicitie vnder the authoritie and in the face of the Church with publicke credite did solemnize the said mariage in which cace there is no doubt but the ChildreÌ„ of a putatiue mariage as say the Canonistes are legitimate because in a doubtfull cace senteÌ„ce must passe in fauour of the marriage and of the children borne in the same the question depeÌ„ding vpoÌ„ the simple meaning conscience of him that meaneth to marrie a wife for by the lawes and decrees of the Church opinion hath the vpperhand of trueth so as by the common resolution it is enough for the legitimation of children that either the one or the other of the coÌ„tracters ment good faith in that coniunction beleeuing it to be a thing lawful for him Thus doe you briefly see how children borne of such mariages are legitimate In our cace wee haue moreouer aduowed that the pretended marriage of Lady Iane of Albret mother to the now raigning King of Nauarre was voyd and of no effect and for such by all reason iustly broken and disanulled by the iudgement of the Church with whose authoritie the sayd Lady Iane was permitted to marie where she pleased which was not done without president For wee reade in the auncient Chronickles that for the like cause the Emperour Ottho the fourth was diuorsed from Margaret Daughter to the Duke of Brabant Lewes Daulphin of Viennois sonne to King Charles y e sixt a litle before he dyed vsed as some say the like pretence to returne Catherin daughter to y e Duke of Bourgondy home again In later tyme King Charles the eight of Fraunce in the yeere 1480. was by his father Lewes the eleuenth before hee was foreteene yeeres old affianced by words present and so by indissoluble marriage vnto Margaret of Austrich daughter to the Emperour Maximilian who being then but two yeeres olde was conueyed into Fraunce and there brought vp for the space of ten whole yeeres after the which they were neuerthelesse diuorced by a dispensation from Pope Innocent the eight who also for the like reason dispensed with Lady Anne of Brittaine and gaue her leaue to marrie where she pleased notwithstaÌ„ding during her minoritie her father Francis Duke of Brittaine had matched her with the Emperour Maximilian by proxye had celebrated the sayd mariage Nicholas Duke of Lorrain while his father Duke Iohn liued did in the yeere 1460. by present words affiance Lady Iane of France daughter to King Lewes the eleuenth and yet comming to the age of foreteene yeeres he did through the Popes dispensatioÌ„ betroth Lady Mary of Bourgondy Daughter to Charles the last Duke of Bourgondy whom he was going to marrie when death euen during the preparatiues of the solemnitie of the mariage preuented him So the manifolde decrees and iudgements passed in like matters doe manifest vnto vs the exceeding malice of the enemies of the sayd Lord King of Nauarre 7 Their seconde obiection importeth that the sayd Lorde King of Nauarre is an Hereticke and therefore vnworthy to succeede in the Realme of Fraunce whose Kings are intituled most Christian in respect of the oath that they take at their sacring in the hands of the Archbishop of Rheimes which is that to their powers they shall defende the Catholicke Religion and faith which the sayd Lord King of Nauarre cannot doe as professing an opinion already condemned by the Church and so consequently can not pretend aught in the sayd Crowne neither may the subiects thereof obeye him according to the decree of the generall Counsaile holden at Roome vnder Innocent the third about the yeere 1215. repeated out of the auncient constitutions of Theodosius the yonger Valentinian the 3. and Martian all most Catholicke Princes vpon the confirmation of the general Counsailes of Ephesus and Chalcedon and afterward recited by Iustinian the first in the fifth Counsaile of
to bee borne ouer vs Will wee graunt that to force that belongeth to reason In my opinion we deceiue our selues if we weene by weapons to wrest any thing from Mars especially in whatsoeuer concerneth Religion which among honest and the best men goeth nearer and is of greater efficacie then all other humaine actions So as to the contrary I doe stedfastly beleeue that wee haue the more cause to hope well of the gouernment of the said Lord King of Nauarre if it should happen For sith his enemies are forced to coÌ„fesse that of himself he is a Prince wise well taught discreete and reasonable also that our selues see him assured and by weapons in expugnable in that which from his infancie hee hath bene perswaded to bee good for him in respect of y t feare that he hath of God how great a peece of the work soeuer offereth it self to his view or whatsoeuer humaine hazard there be any apparance that he should feare in the conseruation of a mightie earthly Kingdome whereof as yet he is presumptiue heire it is an inuincible argument for vs to knowe that hee loueth and feareth God aboue all things Let vs therefore giue him a taste of our reasons sith he is so very capable to the ende we may at his hand winne that we desire and which wee ought and may spedely hope for without perticulerly hating his person without offending him without prouoking him and without encurring the wrath of God by procuring the shedding of the innocent bloud of so many thousands of our brethren and together with them the destroying of our poore Countrey As yet in troth it is too great an abuse to terme the said Lord King of Nauarre a Rebell or Traytor to the Kings Maiestie for keeping himselfe from being slayne and for opposing to his enemies the walles of those who being shadowed in their owne houses did onely withall instance and most humble petition require the King to permit them to liue in peace of conscience vnder his obedience against the which they did nâ—uer striue neither would euer had recourse vnto or craued the said Lord King of Nauarres protection whome they know neuer to haue so much loued any thing as to liue his Maiesties most humble most obedient subiect whereof wee all in our consciences are eye witnesses neither neede we any greater proofe for the iustification of him who neither doth neither euer did desire of the King his Lorde any other thing then to liue in his good fauour and to bee of him accoumpted a most humble and most obedient subiect and kinsman 3 For this cause in this action let al good Frenchmen coÌ„sider that the sayd Lord King of Nauarre is as they the Kinges good subiect a Christian one that feareth God and a louer of his Countrey so as for his sake wee neede not take armes or beate our braynes as doe some that be perswaded by the wicked counsaile of these firebrandes he is the sonne of the famely he is not a Spaniard that commeth to your walles and to y e doores of your houses he is a true Frenchman one that desireth peace and one that would obey the King his Lord in whatsoeuer lyeth in him he is a louer of the lawes of the Realme a sworne enemy to the sedicious an oppressor of the wicked and a defender of the Commonwealth Besides he hath aboue all other the French nation the honor to bee the first Prince of the bloud royal heire apparant to the Crowne in case God should cal our King without leauing any issue male of his body Let euery one therefore consider that al his enemies obiections are but meere cauillations Let the French nation iudge whether they haue not more cause or are not greatlier bound to loue and acknowledge the King of Nauarre then and other next to the Maiestrie of our soueraigne Lord the King seeing we haue chosen for our tutors gouernours and lawfull administrators the most noble and couragious famelie of the Capets to bee our Kinges of Fraunce from whence is discended in right masculine ligne on the fathers side the sayde Lord King of Nauarre as is aforesayde also that euery other way he hath thence taken his originall for his Grandmother on the fathers side was Lady Frances of Alencon daughter to Rene Duke of Alencon and sister to Charles last deceased all discended in right ligne of y e males of Charles of Valois who first tooke the name and title of Alenâ—oÌ„ and was brother to Philip of Valois King of France both sonnes to Charles of Valois brother to King Philip the Faire which two were sonnes to Philip y e Bould eldest sonne to S. Lewes and his successor in the Realm Againe the sayd King of Nauarres Grandmother by the mother was Lady Margaret of Fraunce sister to King Frances the first As for the Kings of Nauarre whom by his mother Iane of Albret daughter and heire to Henry of Albret King of Nauarre whom he hath succeeded they also are discended from father to the sonne of the house of France by the interposition of daughters capable of succession in the Realme of Nauarre for Henry Earle of Champagne and Brye by his mother Blanch King of Nâ—uarrâ— maried a daughter of Robert Earle of Arthois sonne to King Lewes the 8. of Francâ— and brother to S. Lewes of which marriage was borne Iane heire of 〈◊〉 and wife of Phillip the Faire King of France of them two came Lewes Hutin successor in the Realmes of France and Nauarre when he dyed he left a daughter Iane who after her Vnkles Phil. the Long Charles y t Faire was Queene of Nauarre she maried Phil. of Eureux sonne to Lewes of Eureux Sonne to Phillip the bould King of France and brother to Phillip the fayre Of their mariage issued among other children Charles King of Nauarre who maried the daughter of King Iohn of FraÌ„ce and of them was borne a Sonne of the same name for whose sake King Charles the sixt erected the lande of Nemours into a Dutchy At his decease hee left two Daughters of which Blanch the elder succeeded in the sayd Realme and of her and Iohn of Castile her houseband issued Eleoner wife to Gaston of Foix who seazed vpon the Succession of the realme of Nauarre and other great goods Of that mariage came Gaston of Foix that maried Magdalein of France sister to King Lewes the eleuenth who had Frances Phebus king of Nauarre after his grandmother Eleoner and Catherin who succeeded her brother Phebus shee maried with Iohn of Albret father to Henry of Albret and grandfather to Queene Iane late deceased at Paris mother to the said King of Nauarre now raigning So as it adpeareth that he is on euery side true french and issued of the bloud royall of Fraunce Let vs not therefore any longer giue eare to these sclauuders but only haue recourse to God by hartie praier that if the sayd Lorde King of Nauarre or
difference except that our Kings are extract from the elder sonne of Saint Lewes and the Princes of Bourbon frō the yonger 10 The second sonne of said saint Lewes was Saint Robert of France to whom his father gaue for his maintenance y e Coūtie of Clermont in Beauuoys This Robert married Beatrix daughter and Heire of Archembault of Bourbon and they two had issue a sonne named Lewes who succeeded his said father in the Countie of Clermount and so was also Earle of March besides that in the right of his Mother hee enioyed the goods of the sayd Archembault of Bourbon namely the Lordship of Bourbō which in respect of the appertenaunces thereto was of such accompt that King Phillip of Valois in the beginning of his raigne which was about the yeere 1327. erected the said Landes into a Dutchie wherby the said Lewes tooke vpon him the name and state of Duke of Bourbon which since hath continued in his posteritie This Lewes had two sonnes by whom this stock was first deuided into two brāches the one was named Peter the other Iames Peter is now quite worne out as concerning the Masculine ligne neuerthelesse wee will briefly rehearse his issue and then retourne to the posteritie of Iames who was the yonger of whom is discended the house of Vandosme from whom the Princes of Bourbon now liuing doe fetch their originall Peter of Bourbou being the elder of this house as is aforesaid was of great credit and authoritie in the time of King Iohn and had many daughters among whom was one very fayre whome Charles the fifth couered to marry rather then Margaret of Flanders who had three goodly Counties to her marriage Flanders Artois and Henault whom he caused his brother Phillip the bould Duke of Bourgondy to marry An other named Blanch was maried to the King of Castile a third to the Duke of Sauoy a fourth named Catherin to the Earle of Harcourt He had also a Sonne called Lewes who was of great fame as well toward y e end of Charles the fifth as in the beginning of Charles the sixth to whom he was appointed tuter as also to his brother Lewes Duke of Orleance togither with the Duke of Burgondy their vnckle by their father The saide Lewes of Bourbon was Capteine and Leader of the armie against the Turke in Affrike in the time of Charles the sixth and had to wife Lady Anne Daulphine who brought into that house the Countie Dauphine of Auuergne and the lands of Cōbrailles with the Lordship of Mercure in the said land of Auuergne and by her he had a Sonne called Iohn who maried Mary daughter to y e Duke of Berry To this man was giuen the Dutchy of Auuergne with the Dutchy of Bourbo and Countie of Clermount 11 At Iohn the sayde principall braunch bearing away the eldership the Famelie began to bee deuided for he had two Sonnes Charles and Lewes Charles succeeded his father in Bourbon Clermont and Aunergne and Lewes had Montpensier which in y e end returned to his posteritie Charles marryed Agnes of Burgondy sister to Duke Phillip of Burg. and they had issue principall two sonnes Iohn and Peter It is sayd they also had two more of one name viz. Lewes of whom the one dyed yong the other was Bishop of Liedge and Abbot of Sainct Vaast Others doe saye that they had two Sonnes Charles who was Cardinal and Archbishop of Lyōs Iohn who was Bishop of Liedge They had also sundry Daughters as Iane married to the Prince of Orange Isabell to the Duke of Burgondie and Margeret to the Duke of Sauoy of whom are discended Philibert Duke of Sauoy deceased without issue and Lady Loise of Sauoy married to the Duke of Angolesme of whom came the late King Frances the first But to returne to the said Iohn and Peter sonnes of the said Charles of Bourbon and Agnes of Burgondie Iohn the eldest had his fathers goodes and married Iane of Fraunce Daughter to King Charles the seuenth sister to Lewes the eleuenth who neuerthelesse in the warre for the Commonwealth reposed no cōfidence in the sayd Iohn of Bourbon aswell because he was come of a Daughter of Bourgondie as for that he had not bene payd his mariage money The sayd Iohn had no children by either Lady Iane of Fraunce or Lady Iane of Bourgondie his Cousen whom he tooke for his seconde wife and so his whole succession fel to his brother Peter who was called Lord of Beauuiew This Peter maried Anne of France daughter to Lewes the eleuenth He was in great credite during Lewes raigne but in greater during Charles the eight so as in the voyage to Naples the sayde King left the sayd Peter Regent of Fraunce The sayde Peter also left no issue Male but one Daughter called Susan who might haue great controuersies for the goodes of that famelie for the preuēting wherof it was wisely aduised to marrie her to a male of this house which was brought to passe as hereafter shall be shewed 12 To Lewes of Bourbon of whom wee spake before fell the Countie of Montpensier and so continued the name and title so long as the ligne of the sayd Charles his elder brother lasted He married Gabriel of the Tower of whom came Gilbert of Montpensier Viceroy of Naples after that Charles the eight had gotten it He married Clare of Bousaigne of whom issued fiue children thrée sonnes and two daughters Charles Lewes and Frances of whom the two last died without issue Charles succeeded his father and with the consent of King Lewes the eleuenth maried the aforenamed Susan of Bourbon his Cousen whereby all the auncient goodes of this house were left to them and confirmed in their persons whereby also was exting uished a quarrell already framed for the sayde goods which neuerthelesse soone after brake out againe more fiercely then before because y ◠sayd Susan of Bourbō wife to her Cousen Charles and heire of the elder house of Bourbon dyed before her sayde Husband Charles without leauing any issue of her bodie and therefore Lady Lewes of Sauoy mother to King Frances the first and Regēt of France entituled and bare her self for heire to her said Cousen Susan and in deede was in degree neerer to succeede her then the sayd Charles her Husband wherevpon the processe controuersie began whereat it was sayd that the syd Charles tooke such displeasure that he withdrew himself out of the Kings obediēce therfore his Maiestie had a decrée of iudgement of his goodes and rightes by confiscation Also since that tyme was a composition made betwene the King and his sayd mother vpon condition that if hee deceased without heires male then the sayd goodes should returne into Lorraine But his Maiestie not willing so rigorously to vse his rightes and coueting to deale fauourably with the sisters of the said Charles he left to them part oft he sayd goodes as to the Lady Dutches of Lorraine the Baronage of Mercure
any other of our Princes haue in hym any thing as hee is a man frayle and full of humanitie it may please him to touche his harte Let vs seeke peace flye debate aboue all serue our God honour our King whom he hath established ouer vs and after him loue and regarde the Princes of his bloud Let vs call to mind the mishap and miseries hapened in our time through eiuil dissentions and let vs set before our eyes the afflictions and oppressiōs which we are vppon the poynt to beare if wee be so wicked periured and disloyall as to preferre straungers and enemies to our Crowne before our naturall Princes to whom we haue solemnly sworne our faith before God who for these 600 yeres haue so gratiously gouerned vs which is a double prescription to that which Iephta Iudge of Israel obiected to the Ammonites who pretended by Armes after 300. yeeres to recouer the Land which the Israelites had conquered from them Quare tanto tempore nihil super hac repetitione tentastis which we may reproch to those that falsly doe say that our Kings haue vsurped any thing of those from whome they pretend to be issued and whereof they weene to make a greate shewe if wee had no stronger defenses wherewith to vphold the possession of our Kings 4 For contrariwise our King and Princes of Bourbon who are all of one bloud discended of the Capets are the same who certeinly are issued of the agnation and famely of the same Charlemagne from whēce these Iuglers would fasty pretend the original of y e Lorrains euen as he also was of the race of the Merouingians Pope Innocent the third writing to the Nobles Prelates of Frāce about the yere 1200. eloquently testifieth the trueth of this storie speaking of Phillip Augustus pettie neuewe to Hugh Capet and Grandfather to S. Lewes whō he euidently reporteth to be come of y e sayd Charlemaign so as otherwise we must argue this y e Popes decretall Epistle of falshood Moreouer Regino the Historiographer who liued almost in the same tyme Ado of Vienne Ottho of Frisingen Martin of Pole Sigisbert Aimoinus others do name Robert great Grandfather to Hugh Capet Ottho his great Vnckle by the father and Robert his Grandfather Princes and Dukes come of the noble ligne of Fraunce of the which likewise euen of the Kings of Fraunce Odo before he was elected King did beare the armes and blason which were Flowerdeluces sowed vpon an azure field without number which also were not altered before the tyme of Charles the sixt who reduced them to three And certaine it is that Odo durst not haue enterprized to beare the armes of France if he had not bene a Prince of the Royall famelie The proofe whereof is cleare of doubt in that wee doe moreouer knowe y e the sayd Odo was by the Estates of France nominated for tutor and gouernor to Charles the Simple in his minoritie which in this Realme is neuer graūted to any but those to whom the succession may likewise fall as was adiudged after the decease of Charles the Faire in the yeere 1327. in fauour of Phillip of Valois ordeyned tutor to the wombe of the Queene then great and the child to come Againe after the decease of Charles the 5. and Lewes the 11. Also in our age the Estates offered the same office to the late King of Nauarre father to the King now raigning in respect of the minoritie of Charles the 9. Finally wee reade that by a common consent the Frenchmen declared the sayd Odo King of France and after him his brother Robert and after them Raoule come of a brother to Hugh Capet who was the fourth of his famelie that bare the title and name Royall but the first peaceable possessor of the Realme so that sith euery man seeth by our auncient Histories with what vertue and marueilous assurance our Predecessors did euermore resist the force of straungers that sought to plant their name in the Royal famelie we may not neither can thinke them to haue bene so fainthearted foolish and vnconstant as of their owne motion and free will to haue chosen the Capets if they had not beene of the house and famelie of their Kings meer for successiō in the Realm To whom for the proofe and verification of the contrary wee doe finde they had recourse for the conseruation of this law so relligiously euermore obserued among them and vpon the which they haue still accompted the libertie dignitie of this Realme wholly to depende Besides I would gladly desire these makebates of our tyme to shewe me any one Historie that maketh mention of any that euer made difficultie or obiected to the Capets that they were no Princes of the bloud of the Kings their predecessors and meete to succeede in the Crowne 5 But to take away all ambiguitie and to verifie the distent of our Kings and the Princes of Bourbon to be of the famelie not onely of Charlemaigne but also of Clouis and other the Merouingians of the first ligne whereof also was the sayde Charlemaigne as Matthew Zampin a most learned personage hath to y ◠purpose discoursed who hath not vsed falsified Chartres and Documents as hath De Roziers Archdeacon of Thoule in his genealogies of Lorrain against whom Nicholas Venier the true Treasorer of the Stories of France hath argued falshoode in his treatize of the originall of Frenchmen we must first vnderstād that Dagobert King or Duke of the Francons in the East Frāce about the yere of Christ 306. had two sonnes Clodomer and Genebauīt of which two brethren discēded in direct ligne Clouis the first Christian King of Fraunce and S. Arnoul Marquize of the holy Empire at Antwerpe afterward Bishop of Metz. This appeareth in the Chronickle of Chronickles in the Illustrations of the East and West France in Robert Cenalis Geofrey of Viterbe many other good Authors Now S. Arnoule before he tooke the holy orders of Priesthood had bene Mayre of King Clotaire the secōds Pallace about the yeere 546. who made him tutor of his sonne Dagobert the first of that name as sayth Otto Frisingen Aimoinus Regano Antoninus and Vincent the Historiall who writeth that this Arnouldes Dutchie lay neere to Flaunders toward Lorrain and Sigisbert witnesseth that hee married Doda who after became a Nunne at Treuers of which mariage issued three Children Ansegisus Walchisus and Clodulph The eldest otherwise called Anchises was Mayre of the Pallace to Clouis the second and maried Begga daughter to Pepin the elder and sister to Grimoald as sayth Sigisbert and Paule Emilius of whom came Pepin father to Charles Martel who of the fister of Childebrand begat Giles Bishop of Roan Carloman a Muncke and Pepin father to Charlemaigne Walchisus S. Arnouldes second sonne had a sonne called Wandragisillus both as sayth Sigisbert Canonized neither was their posteritie of any long continuance Clodulph the third otherwise called Elodulphe was as sayth Sigisbert
and Tritehemius after his father Bishop of Metz but he had before married Mary daughter to King Clotaire the 2. after some but as others say Almabert daughter to Carloman Duke of Brabant of whom hee begat a sonne named Martin who was Mayre of the Pallace of Thierry King of Austrasy with Pepin sonne of Ansegisus and Paule Emilie calleth this Martin Cossen to Pepin the Fat and Blondus nameth him his brother This Martin left a sonne called Childebrand and a daughter wife to Charles Martell saith Paule Emile whervpon other writers doe terme this Childebrand brother to Charles Martell and Vnckle to his Children in respect of the alliance that was betweene them Nicholas Giles calleth Childebrād Vnkle to Charles Martell Richard of Wassembourg nameth him Lambert he left a sonne called Theodorie or Theodowald who florished vnder Charlemaigne and being in his youth in the battaile of Ronceuaulx was made gouernor of Saxony about the yeere 780. and thereof was termed the Saxon he also led parte of Charles Armie against the Huns about the yeere 791. Paule Emile and others doe call him Charles Cossen which cannot be but by the sayd Childebrand In an other place the sayde Paule sayth that this Theodorick had the precedēce because he was a Prince of the bloud before Geilo Constable of Fraunce Thierry maried y e daughter of Witichindus a Prince of Saxony who a little before was Baptized this mariage was made to y e end by the alliance of the bloud Royall the Saxon might bee kept in duetie and amitie with the Estate of Fraunce after the example of Charles the Bould toward Godfrey Duke of the Normans whom hee caused to marrie Giles daughter to his neuew King Lothair and as Charles the Simple deit with Rollo the Norman Of this marriage of Thierry with the daughter of Witichindus discended Robert In respect whereof the Abbot of Vspergue speaking of Odo the first Capet that was crowned King of France sayth that his father was called Robert and his Grandfather Witichindus This man was Marquize of Aquitaine against the Normans who slew him and Ranulph Duke of Guyente in the tyme of Charles the Bould Whereby wee may learne that y ◠Princes of this house were termed Saxons either in respect of the gouernment of Theodorick in Saxony either els because of the alliance entered with Witichindus the Saxon whereof our deceiuers being ignorant tooke occasion to thincke the Capets originary Saxons straūgers notwithstanding in troth they were very Princes of the bloud royall of France Earles and Marquizes of Anieow in which Prouince the Annales of the Countrey do testifie that Thierry father to the sayde Robert deceased at the age of 80. yeeres or more and his sayd sonne Robert after him after whose decease the Countie of Anieow was committed to to the custody of one Hugh an Abbot during the minoritie of Odo Robert and Thierry sonnes to the sayde Robert to whom it was rendered after the decease of Hugh whome some doe make brother to the first Robert Thierry one of Roberts children was Earle of Bourgondie had a sonne called Richard Duke of Bourgondy who begat Raoul who with the help of his Cossen Hugh the Great was vppon the resignation of Charles the Simple proclaymed King of Fraunce and was the third Capet that before Hugh bare the name and title of King of this Crowne which still fell out by the nomination and cōmon agreemēt and consent of the Nobilitie which is a most sufficient testimonie to proue that the Capets were vndoubtedly Princes of the bloud sith the Frenchmen so sore enemies to forraine gouernmēt had euen at once respect to those mē and so often had recourse to their armes as to their naturall Princes Richard likewise begat Gisilbert Duke of Bourgondie who had one onely daughter that was wife to Ottho brother to Hugh Capet to whome shee brought the Dutchie of Bourgondie Odo second sonne of Robert and Earle of Paris was tutor to Charles the Simple and afterwarde beeing proclaymed King of France dyed without issue Robert the third sonne was Constable of Frāce and admitted King after y e decease of his brother whereby hee grewe into great hatered with Charles the Simple and finally dyed about the yeere 922. leauing issue Hugh the Great Earle of Paris Duke Constable of Frāce as sayth Paule Emile This man in reuenge of his fathers death endeuoured as sayth the Abbot of Vspergue to make his Cossen Raoule Duke of Bourgondie King He maried Hauide daughter to the Emperour Henry and sister to Ottho the first of which mariage discended three sonnes Hugh Capet the first peaceable enioyer of the Realme of France of that famelie Ottho who by his wife was Duke of Bourgondie and Henry who also after his brother Ottho was Duke of the same land Thus may you see the progresse and true genealogie of our Kings discended of the said Capet wherby appeareth the falsehood of our sclaunderrs liedgerdemain who giue out that the Capets beeing straungers did vsurp the Crowne of the house of Charlemaigne whereof neuerthelesse I haue heretofore shewed you that it is 580. yeeres since that race was vtterly extinct so farre are the Princes of Lorraine from taking their originall thereof neither neede we beleeue the fable of adoption inuented by du Rozieres as false as blockheaded and doltish a Chronegrapher and Historigrapher a worse Lawyer For he should haue knowne that his pretended adoption made by some one of the Carlians of that name from whom he would bring the discent of the Lorraines could not take holde in the Realme of France which is successiue so long as any one Prince of the bloud liued Besides that at all assaies it had bene requisite euen in default of heires of the Crowne that this adoption with the notice of the cause had bene made by the general Estates of the Realme so to haue made the adopted capable of the succession as I could at large shewe him if there needed any confutatiō of those fables which they would suppose vnto vs in the vnderpropping of the pretences of straungers our enemies with a rotten poste but I will content my selfe with the representation of the genealogie of the Capets aforesayd wherby you see how they abuse vs. Wherfore let vs there leaue thē and among our natural Princes let vs put of all passion iudge what is right also what preeminence the one may haue ouer the other both by reason and ciuil discourse If it were to any purpose to lay open to the French the rules of establishment of a Tyrant straunger an vsurper of an Estate there is no man how greatly soeuer affected to the fellonie which good men doe finde to bee now conspired against the honor of the King and the Princes of the bloud Royal by these perturbers of the peace of this Crowne but would abhorre euen to heare
may exclude his Vnckle euen as his deceased father might haue done because in such successions there is place but for one Moreouer wee knowe that the obligations wherein the father stand charged to his sonne are in like force and vertue in the persons of his issue and therefore the Grandfather is bounde to endowe his niepce for her fathers sake so as the same right whereby the Daughter maye force her Grandfather to marrie her is in consideratioÌ„ of his sonne because saith Celsus the Grandfathers duetie to his niepce ariseth of his fatherly loue to his sonne and therby his children ought to haue the same that to him had apperteyned if he had liued in the world In an other place the Emperours Zeno and Iustinian haue decreed that at the decease of one of the children of the first bed the part that he should haue had in the giftes betweene his father and mother at their mariage cannot arise to his brethren but must by their willes apperteyne to his children if at his decease he left any during his fathers life Pomponius speaking of a Libertine who had promised his endeuour to two Patrons is of opinion that if the one dye the same dueties belong to his children notwithstanding the other do liue Which can not be but in respect of the Obligation wherein this boundman was bovnd to their father To be briefe I might be tedious in discoursing vppon infinite continuations and substitutions of Children in the roumes of their deceased Fathers Neither is to any purpose that aunswere of those of contrary opinion which alleadge that whatsoeuer wee haue sayd taketh place only where the father is of him self perfect and in his owne person doth certainly obteyne For I say moreouer that in cace there were no more but the onely and sometime vaine hope yet were it lawfull for the sonne to vse the same and to seeke out the effects that may come to hande as it appeareth in the father Haereditatem non aditam ad quam nullum adhuc habet ius quaesitum nec actionem ad liberos transmittit quinimò conditionale fidei commissum querelam in officiosi testamenti non praeparatam iudicium operarum non contestatum such like wherein doe very often consist the power and force of â—ature although the children be not heires to their father 4 The second reason is meere ciuil wherby we saye the right of eldership is borne and formed in the person of the Father at his first entry into the world Moses termeth it primogenita tua by a possessiue pronoune The Interpreter doe describe it Ius prioris aetatis honorificum vtile competens filio quia primus est in ordine nascendi So consequently he is of nature and therefore transmissible whereby also during the Fathers life the eldest sonne is called King Duke Earle c. of his fathers qualitie the hope of which senioritie he may sell giue dispose transferre and resigne to an other mans person as Esau did to Iacob especially because he hath notable interest therin as in this matter in respect of the natural affection he beareth to his sonne and the desire that nature hath planted in him to leaue his sonne substituted and successor in his roume besides that sith eldership is an excellent and notable dignitie death or any other mishap of the father cannot bee preiudiciall to the sonne who in this poinct is not considered as inheritour to his deceased father but onely in the qualitie of a sonne whereby all whatsoeuer his fathers rightes are to him obteyned and without difficultie reserued It is not therefore properly transmission whereby the sonne succeedeth in his fathers seniority but more truely it is termed continuation represematioÌ„ and naturall substitution in his owne person and therefore deuided from the fathers right and qualitie though extract out of the same whereof it oftentymes falleth out according to the doctrine of Barth Aret. Alex. and Iason that it can not perish by the death of the father first borne for commonly we say when a person is the onely cause of a priuiledge he loseth him selfe and vanisheth therein otherwise if he be brought forth of any qualitie seperate and diuers from the man although resident in him as in a free birth in which case it is transmissible and may be obteined to his successors in whose person he was resident Euen in this case our interpreters doe vpholde that the right of eldership because it is formed and wauteth no more but execution and full possession may iustly be compared Iuri accescendi Iuri deliberandi which are transmissible and doe extend to the heires 5 The third reason for the neuewe is that the right of eldership is a constitution and decree or rather a legal and customary institution established in the fauour and benefite of the first borne to whom by the same order are substituted the younger in case the elder dye before them Now it is certaine that the lawe is of like or greater authoritie then composition or contract betweene parties by which compact whatsoeuer is to vs meerely or conditionally due is transmissible and may bee obteined for the successors or heires of the obteyner so consequently although the right of eldership were not perfect or fully obteyned to the first borne as it is but had therein any modification or naturall condition yet should it together with all the qualities therof be obteyned and belong to the sonne of the elder to whom the lawe hath had regarde no lesse then they qui paciscuÌ„tur tam haeredibus quà m sibi ipsis cauent which is the reason of the difference wherby that which is to vs due conditionally by vertue of a later dispostion cannot belong to our heires before the conditioÌ„ accoÌ„plished because the deceased thought not to giue it to any other then him whom he named but contrariwise contractors doc couet to obteyne whatsoeuer their rightes to their substitutes after their decease Besides that this substitution by custome made of the yonger to their elder brothers cannot bee vnderstood but in case the elder dye without issue as we say out of Papinians opinion that the substitution of the father made vnto the sonne is ment if this should dye without issue The fourth is that although the sonne of the elder be a degree further of then his Vnckle yet beeing substituted in his fathers roume and place hee must bee preferred because the right of preferment is not obteined to vs onely but also by the right person of an other so that so long as any portion or rellique of this senioritie shall remaine no other caÌ„ take place by any meane whatsoeuer euen as wee doe mainteine that how small soeuer the tokeÌ„ of the former tutel be it is in respect of the sonne sufficient to hinder any other or diuers course of the same and so consequently the sonne qui est portio
eldest sonne before whom was preferred to the Empire Lewes the Mecke second sonne to the sayd Charles But this example may most easily be aunswered because it was the same Charles their common father that had deuided his Dominions among his children and had giuen Italy to Pepin his eldest sonne which also was reserued to the sayde Bernard his sonne and therefore after the pertition made by the sayd Charles he could pretend no further in y e succession that might come in question besides that at that time the Empire was not properly successiue for notwithstanding the neerest in bloud to the deceased Emperour did succeede yet durst hee not so intitle himselfe vntill by the consent of the Romaines he had bene publickly annoynted and crowned Much lesse also was the Imperiall dignitie successiue after the creation of the Princes electors of the same in the tyme of Ottho the 3. of the house of Saxony or by the opinion of the skilfullest of our worlde in the tyme of Fredericke the 2. so as there is no likelihoode to drawe an electiue Empire into consequence with hereditarie and patrimoniall Kingdomes The 5. indgement is of the Coūtie of Arthois which was in strife in the time of Philip the Faire King of France betweene Maude wife to Ottho Earle of Bourgondie daughter to Robert Earle of Arthois slaine at the battaile of Courtray and Robert the sonne of Phillip who likewise was sonne to the sayd deceased Earle Robert in which case the aforesayde Countie of Arthois was by the sayd French King adiudged to Maud who was preferred before her neuewe Robert being yet in infancie And in troth the historie setteth downe no other perticuler occasion of this iudgement but y t it was giuen by the mere motion of the sayd King Phillip Lord of the fief Neither is it sayd that his Maiestie tooke any other aduice but of his owne will the neede that then he had of Ottho the sayd Maudes husband together with the small seruice that of long time he might attend of the said Robert a yong childe and at that tyme there needed a good warrier to be opposed against the Flemings to the ende to suppresse their boldnesse and customary rebellions So as in respect of the sayd Roberts very youth the sayd King Phillip thought it meete to infringe the law and custome vsually obserued in like causes But God be praised in whatsoeuer may happen betweene the said Lords the King of Nauarre and his Vnkle the Cardinall of Bourbon we cannot incurre that daunger but rather were to be feared the great yeeres of the sayd Lord Cardinall already olde worne and by reason of his order estraunged from al vse of armes in respect of the flouring tyme of the King of Nauarre a Prince brought vp in the same and in gonernment of Estates The sixt is for the Countie of Champagne betweene Henry the seconde sonne of Earle Thibault the daughter of the sayd Earles eldest sonne wife to Erard of Breno in which case by arrest of the Court of Parliament of the Peeres of France in the yeere 1216. the sayde Countie was adiudged to Henry the Vnckle against his neuewe daughter to his elder brother But it may easely be answered the eldest sonne of the sayde Thibault going into the holy Land had expressely ordeyned that in case he dyed in the sayd expedition or otherwise without issue male then that his brother should succeede in the sayd Countie with endowing his daughter wife to the said Breno with a competēt summe The seuenth happened betweene the children of Charles the second King of Sicil sonne to the brother of King S. Lewes who married the heire of Hūgary and of that mariage begat Charles Martel and Robert The father gaue and appointed to the sayde Martell the Realme of Hungary and in his life tyme caused him to be thereof crowned whereby he did a while enioye it and then dyed leauing his sonne Charles to whom Charles the Grandfather confirmed the donation of the sayd Realme made to his father Martell and to his second sonne Robert he gaue the Realm of Naples So that by the truth of this historie it appeareth that this was a pertition by the saide Charles the second made betweene his children which they could not resist and whereof neither y e sayd Martel nor his sonne Charles had cause to complaine for the Realme of Hungary was farre greater more rich and wealthy then that of Naples which was already rent and dismembred by the Arragōs as it is euident by al histories of those times Our Interpretors doe yet more briefly aunswere this preferment of Robert the second before the sonne of Martel his elder brother aleadging that Pope Clement the 5. pretending authoritie ouer the Realme of Naples which hee aduowed to bee of the fiefe of the Church pronounced this sentence lightly enough therein doing the office of a partie rather then of a Iudge besides that of the sayd Realme in respect it was subiect to Sainct Peters chaire was not properly successiue The last example that they alleadge is of Lewes Sforce who was preferred to the Dutchie of Milan before the sonne of Iohn Galeas but thei might rather say that he preferred himselfe by force and through execrable tyrannie which the sayd Lewes exercised against this poore orphan vnder pretence of gouerning and defending him Besides it is so farre from being our case that it is certain that the young childe enioyed his fathers Estate when this Tyrant his Vnckle seazed thereon and put him to death as vniustly as in the ende God did iustly punish him in causing him to ende his daies in miserie and captiuitie Hauing thus aunswered such examples as they may alleadge let vs now consider whether the reasons that they propounde be sufficient to cause vs to alter our aduice 8 First in all Successions it is a generall rule to call thereto the neerest to hym whose state is in question so that it is by priuiledge and extraordinarie licence that we admit the the Children of the deceased brother to share with their vnkle in such goods onely as will baare deuision Which is the cause that our Doctor alleadgeth Butr. in his Tree of the succession of the Realme of Fraunce in these words Succssit ergo illi Carolo in regno Franc. Philippus filius alterius Caroli qui erat ei in 4. gradu nec successit Robertus pronepos Roberti Comitis Atrebatensis quendam quia ille erat in 8. gradu nec successit Robertus nepos Caroli Regis Siciliae Ierusalem quia ille erat in 7. gradu nec successit Ludouicus nepos Beati Ludouici quia ille erat dicto Carolo decedenti in quarto gradu Therefore sith otherwise the Vncle retaineth still the chiefe degree the especiall regard that Iustinian had to the posteritie of the deceased brother to make them equall with their Vncles can not serue them in vndeuided
naturall princes mainteine the one part which is least plausible and agreeable with the French nation much lesse aucthorised by Princes and forrein potentates whose weapons they hope to vse when neede shall require To the end also with lesse labor and greater pretence to hoyst vp the Ladder of their driftes they haue procured the writing of a number of bookes which within these fewe yeres are come to euery mans hands concerning the discents of the Princes of Lorrain whome gladly they would bring aboord into this quarrell if possibly they could meaning with them in mens hartes to imprint falsely to perswade that our Kings and Princes are no lawfull Successors but tyrants and vsurpers of this crowne from those of the auncient race of whome they would make the Lorrains to be discended so to procure them to be Captains of their conspiracie 2 But these Princes haue euermore sought to bee accompted too wise iust and vpright dealers to haue their eares so ticklish as to let them selues be led with such false inductions which could bring them no other but speedy shame perpetuall ignominie of their race for doing as the husbandmans Serpent who when hee had well refreshed himselfe at his fier would haue driuen him also out of his house As also to shewe that they neuer thought vpon so detestable a deede That euery man therefore may knowe it to be too euident an abuse to say that they be come of the famely of Charlemagne I will vse onely that Booke that themselues did in the yere 1549. to cause Edmond of Boulay the chief Herault and King of Armes of their house to publish wherein with the common opinion they doe mainteine that Charles of Lorrayn brother to Lothair King of France the last of Charlemagnes posteritie of whom the seditious do make so great accompt left a Sonne named Ottho who was Duke of Lorrain and died without issue so as in him ended the males of Charlemagne In deede the said aucthor saith that Godfrey with the beard Earle of Ardenne succeeded his Cossen If then he were Cousen to the said Ottho the same kindred might come by beeing discended of a daughter of the said Charles wife to LaÌ„bert Earle of Bergues or Monts who was Merquize of the Empire Earle of Brabant so consequently by the Salique Lawe vncapable of this Realme By reason whereof Pope Benedict the eight beeing at Pauy with the Emperour Henry the second and Robert sonne to Hugh Capet in the yere a thousand two hundred and three declared the sayd Robert to be lawfull King and Lord of the Crowne of Fraunce Besides the Author is forced to confesse that this Male ligne of Godfrey Countie of Arden failed againe and fel into the person of Ide wife to Eustace Countie of Bolongne on the Sea the father and mother to Godfrey of BoloÌ„gne King of Hierusalem who in Lorrain succeeded his vâ—kle by the mother Godfrey with the crouch backe so doe the Males of the house of Bologne are by the same writer continued vntil Lady Isabell the onely daughter and heire of Charles Duke of Lorrein who in the yeere 1418. maried Rene of Aniew pety sonne to King Iohn of Fraunce Thus we see by the domesticall testimony of the Princes of Lorrein the third distaffe in the house of Lorrein since the sayd pretended Ottho Sonne to Charles of France of which the first had bene sufficient to depriue them of the Succession Royall not withstanding their auncesters had drawen their Orriginall from the Masculine house of the saide Charlemagne For in respect of the house of Aniew extract out of the royall stocke of Fraunce and grafted into the Dutchy of Lorrain by the marriage of the said Rene with Isabell of Lorrain the same Lorrain Historiographer agreeth y t it ceased in Nicolas Marquize of Pont sonne to Iohn the second that dyed in y e yere 1433. whose succession was gathered vp by his Sister Yolland wife to Ferry of Vaâ—demont who was the yonger of the auncient house of Lorraine sonne to Antony sonne to Ferri brother to Charles Father to the foresaid Isabell 3 I will and that truely auowe that the house of Lorrain now being is so farre from being issued out of the race of Charlemagne either by Male or Female farre or néere that contrariwise the Dutchy of Lorraine hath chaunged stock or family fower or fiue times since the posteritie of Charlemaigne First in the house of the Counties of Ardenne when after the decease of Ottho Sonne to Charles of France in the yere 1005. Henry the second Emperour gaue Lorraine to Godfrey the sonne of Godfrey Earle of Ardenne whose seruice he had vsed against the sonnes by whome the Duke of Lorrain had bene emprisoned and soone after deceased without issue After hym succeeded his brother Gothelo in the yere 1019. in the time of Robert King of France Then in the yere 1033. Conrade the Emperour gaue to Gothelo Mosele after the decease of Frederick Earle thereof so as hee grewe mightier in Lorrain then before Against this Gothelo marched Odo Earle of ChaÌ„pagne seazed vpon Bar but the Lorrain gaue him battaile wherein the said Odo deceased Gothelo had a sonne named Godfrey vnto whom the Emperour Henry the fowerth refused to giue the Dutchy of Mosele and therefore hee would not also be Duke of Lorrain but in the yere 1044. rebelled against the Emperour who tooke him prisoner and after released him taking his sonne for Hostage who being dead the father reuolted again stirred vp Baldwin Earle of Flanders to help him to warre vpon him And this Godfrey slew Albert to whom the Emperour had giued Mosele for which cause the Emperour inuested Euerard of Alsatie in Mosele Fredericke vnckle to Baldwine of Flanders in the Dutchy of Lorraine Godfrey seeing him selfe so oppressed passed into Italie and there maried the daughter of Marquize Boniface but was by the Emperour soone after driuen out of Lomberdie wherefore he retired into Flanders and accompanied with the saide Baldwine besieged Fredericke in Antwarpe but the Lorrains came to his succour This Godfrey had a brother called Frederick sonne to Gothelo who retourning from Constantinople became a Monck at Mount Cassin and was after y e 157. Pope called Steuen in the time of Henry King of France After the decease of Frederick of Flanders inuested in the Dutchy of Lorraine Euerard of Alsatye was Duke of Lorrain but both the said Godfrey Euerard being dead in the yere 1070. the Emperor gaue Mosele to Deoderick son of the saide Euerard and restored Godfrey with the crooke back sonne of Godfrey aforesaid to Lorraine This man wholy destroyed the Frizons but was in the end slaine by Richarius in the yere 1089. so as by his death began the second house of Lorrain in the person of Ide sister to the last Godfrey with the crouche backe and wife to Eustace Earle of Bolongne whose Children were Dukes of Lorrain
namely Godfrey of Buillon so called for y t he was nursed in the Castle of BuilloÌ„ which now y â— 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 theÌ„ 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 fâ—â—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 woÌ„t 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 vnthaÌ„ckfull 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 disceÌ„ded 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 portioÌ„ but the succession therof shall appertaine to the males The reason of this constitution is because our fathers did horribly detest the gouernment of strauÌ„gers 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 â— childreÌ„ of Lorraine y t they may pretende as wrongfully as did Edward of England whose cause was solembly ended by the whole states of FraÌ„ce 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 senteÌ„ce 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 FrenchmeÌ„ 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 â— 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 whoÌ„ is discended the house of Guise now liuing Loise was abbesse of Fronteuault Now the said Charlâ—s the eldest maried Lady Francis of Alencon sister to the deceased sir Charles Duke of Alencon last deceased without children in the yere 1524. of this mariage issued Antonie Francis Charles Lewes Iohn Antony the Eldest and Heire of this family maried Iane of Albret Queene of Nauarre of whom came Henry of Bourbon now king of Nauarre who hath married Margaret of France Sister to the most Christian King Francis was named Lord of Anguien who gat the victory at the iorney of Serizoles died without issue Charles the third is Cardinal of Baurbon and Archbishop of Rouen Lewes was Lord Prince Conde who when he died left fower sonnes Henry Prince of Conde Francis Prince of Contie Charles Cardinall of Vendosme and Charles Countie of Soissons Iohn who after the decease of Francis was entituled Lord of Anguyen died also without Issue There were also some daughters of whom here we haue nothing to say as hauing in this argument to treate onely of the Succession of the house of FraÌ„ce which can not discend but to y â— Males of this famely The onely controuersie therefore and different that might through the Counsaile of the mischiuous be mooued resteth betweene Henry of Bourbon King of Nauarre sonne of Anthony the eldest of that famely and Charles Cardinall of Bourbon and Archbishop of Rouen his vncle by the father The end of the first part ⧠THE CONTENTS OF THE SEcond part of this Booke 1. Obiections moued against the King of Nauarre 2. The mariage betweene Lady Iane of Albret Princesse of Nauarre with the Duke of Cleue dissolued by the Ecclesiastical sentence the Popes dispensation auctorized in Parliament Also the marriage of the sayd Lady with Anthony Duke of Vendosme the eldest of the house of Bourbon from whom is discended the King of Nauarre 3. Marriage is by the Ciuill lawe voyde being contracted before age 4. The holy decrees haue inhibited the blessing of mariage of maidens before twelue yeeres of age of men before foretene the East Church haue proroged the Matrimonie of the man to fifteene and of the woman to thirteene 5. The honestie of Ciuill pollice forbiddeth mariage before age 6. Examples of mariages disanulled by reason of the noneage of the contracted 7 The explication of humaine pollicie wherefore hereticks are vncapable of successions 8. The right of Realmes is houlden immediatly of God by the continuation of the successiue lawes of the same Neither can the Estates depose a King vncapable or otherwise disabled Or the people transferre the right of their Lord vnto the person of any other to whom it ought not to be giuen 9. The office and duetie of the Clergie towarde Kings and Princes King Henry the second protested against the Counsell of Trent 10. Why those of the League would not take the Catholicke Princes of the blood therinto Those of the league haue sought to suborne those of the pretended reformed Religion 11. Kings are Stewardes of the Church goods The Church is in the Commonwealth not repugnant thereto Pollicie Iurisdiction and collation of Ecclesiasticall functions apperteineth to soueraigne Princes The Kings of Fraunce haue euermore preserued the state of the persons and goodes of the Clergie in their Crowne The Clergie were in olde tyme not capable to distribute Church goodes 12. The King neuer dyeth in France because of the successiue law thereof To what ende the Coronation of Kings was instituted The auncient maner of the Coronations of heathen Kings How long it is since anoynting was instituted and wherfore It is not necessary to annoynt or crowne Kings in one only place 13. Antiquitie is no necessary argument to auctorize common custome 14. The Church neuer disturbed the succession of Kings no not for heresie 15. Whether it be likely the K. of Na. wil force the conscience of his subiect 16. The estate of Bearne and Nauarre 17. The cause of the protestatioÌ„ that the King of Nauarre made the last yere at Montauban 18. The King cannot infringe the successiue law of the Realme The successor commeth not to the Crowne in the qualitie of heire to the deceased 19. The Popes reasons whereby he pretendeth aucthoritie to transferre Kingdomes The Popes haue euer exempted France out of their wonderfull power Gods lawe without polliticke confirmation is no sanction vpon earth Priestes haue no imperiall Iurisdiction Bishops and Popes haue acknowledged Kings and Emperors for their Lords The punishment of heretickes is executed by the seculer Magistrate 20. The opening of sundry places of Scripture concerning Ecclesiastical iurisdictioÌ„ Wicked Emperors were neuer deposed The Pope cannot excommunicate any body politick or Towne subiect to the King of France Appeales in cause of abuse from the Pope and other Clergie men obserued in France 21. The Church cannot excommunicate a Prince that is an euill liuer Subiects after the excommunication of their Lorde are not discharged of their dueties toward him 22. The sentence of the excommunication of a Prince cannot conteine any clause of depriuation from his Lordly rights 23. A Prince may lawfully arme himselfe against the Popes wrongful excommunication and appeale therefore as in abuse 24. The K. of Nauarres reason to proue him no Hereticke 25. The vsurpations of the Counsell of Trent ouer the Crowne of France 26. Most dauÌ„gerous drifts of y â— Leagued in the reformation of the Realme 27. The wicked entent of the Leagued Also what enuy they beare to the Duke of Espernon and others 28. The remembrances of Aduocate Dauid now put in execution by the Leagued The Kings duetie in matter of Religion 29. Forraine rule and gouernement is wretched FINIS THE SECOND PART OF the Cath. Apologie 1 SVch as mislike the king of Nauarres cause doe obiect against hym in this libell fonre principall points wherof three doe perticularly touche the qualitie of his owne personâ— the fourth concerneth the auncient controuersie betweene the Vncle and the sonne of the elder brother But we will endeâ—our to shewe that in all and throughout all they haue but a weake foundation Concerning the first they aleadge that the said Lorde King of Nauarre is not borne in lawfull matrimony of Anthony of Bourbon eldest sonne of the house of Bourbon because Ladie Iane of Albret mother to
the same spoken of To conclude therefore I will now coÌ„tent my self with warning euery one to mark and consider the meanes which such alwaies as haue gotten the vpper hand of a Lordship whereto they had no other right but habilitie haue houlden and then I hope they will thincke that the gouernment of a naturall Prince is gracious louing and fauourable in respect of y e mistrustfull suspicious and tyrannous straunger vnto whom not onely the deedes and wordes but also the gesture behauiour yea the goodes and welth of his Citizens are suspected because he feareth his owne shadowe Remember the auncient Fable of the Pigeons who when they had elected the Ringdoue to rule them were soone wearie of her courteous and gentle gouernment which they termed soft and delicate and in her roume chose the Kite who in liew of wel entreating of theÌ„ did eate beate and dayly teare some one among them in sunder with her beake and wings whereat these miserable fooles being offended could haue bene coÌ„tent to haue returned vnder the yoke of their first election but the Kites tyrannie could neuer brooke it whose successors do yet to this day practize their roine vpon them Once it fell out that the Frenchmen through wicked counsaile in liew and place of their naturall Prince whom they bare somewhat heauy were suborned to elect one Giles a Romaine of whom they were soone wearie after they had casted what it was to liue vnder one whose humour and birth did not agree with his subiects and it fell our well for them that their King was of power sufficient to resume them againe into his protection The ende of the third part ⧠THE CONTENTS OF THE FOVRTH part of this Booke 1 The authorities of Doctors for the preferment of the Neuewe before the Vnckle 2 Examples of the preferment of the Neuewe before the Vnckle 3 Reasons in law for the Neuew against the Vnkle The Neuewe succeedeth in the eldership of his father in proper person as being substituted to his late father 4 The right of eldership is transmissible perfect wanting but execution 5 The right of eldership is legall or custumary 6 The Lord Cardinall of Bourbons acknowledgemeÌ„t in the fauour of his neuew the K. of Nauarres mariage 7 Answere to the examples of the Vnckle alleadged against the neuewe 8 Answer to the Vnkles reasons against the neuewe Substitutions and continuatioÌ„ froÌ„ the father to the sonne in collaterall ligne by Iustinian 9 Successiou once roored in a ligne neuer departeth the same vntill it be finished or worne out 10 The order of Tutorship and the succession of free borne Libertines is vnlike 11 The Kings youth neuer debarreth theÌ„ from the Crowne The opening of the saying that personall right is not transmissible 12 Successions made by ciuill lawe and custome confessing the right of eldership are farre vnlike THE FOVRTH PART OF the Cath. Apologie IN the fourth Obiection the King of Nauarres aduersaries doe oppose against him the Lord Cardinall of Bourbon his Vncle as neerer by one degrée and nowe by the decease of the late Anthonie of Bourbon Father to the sayd Lorde King of Nauarre the eldest of the house of Bourbon 1 This question is one of the most tossed of all others and can not be decided by the arrestes of the Salicke Lawe that wee haue in these words De terra verò Salica in mulierem nulla portio haereditatis transit sed hoc virilis sexus acquirit hoc est filij in ipsa haereditate succedunt sed vbi inter nepotes pronepotes post longum tempus de Allode terrae contentio suscitatur non per stirpes sed per capita diuidantur But the decision hereof we must séeke in the Commentaries of our Doctors which Accurtius Odofrede Pope Innocent the fourth Durand Ric. de Malumbris Iohn Andrew Alberick de Rosatis Barth Balde Paule de Casiro Angel Aret. Martin de Lande Iohn Faber Pet. de Ancar Barbat Felin Ausrerius Wil. Benedict Cassanee Lewes Bolognine Matth. de Afflictis Andreas Sicul. Abbas Panormitanus Bartholomeus Sosinus Iason Alciatus Tiraquel Lewes Charond Choppinus and many other haue concluded in fauour of the Neuewe against the Vncle who termeth himselfe eldest by his brothers decease either indirect or collaterall lyne in successions indeuided as Realmes Empires Duchies CouÌ„ties and Marquisates Yea Decius imitating Socinus doth write that amoÌ„g the Interpreters of Ciuill Canon law hi qui pondere numero mensura praeualent haue alwayes consulted and determined against the Vnkle so that by the authoritie of so many skilfull persons the sayd Lorde King of Nauarre hath the better cause of the Cardinall his Vnkle Secondly the foreiudgements must be alledged for the decision of this controuersie Balde hoâ—ldeth that euermore it hath so bene obserued and decided in all contradictorie iudgements of France and England And Paul maketh mention of the Spanish law in this respect solemnly sworne vnto by the states of the same lande in deede we reade goodly examples both of these and many others 2 First in France for the same house of Bourbon in the time of Lewes the Fat king of France about the yeere 1110. Hanno had expulsed his Neuewe Arcembault a young child sonne to his elder brother pretending that the Lordship perteined to him as being entred into the Lawe of the eldership by the decease of his elder brother But the French Nobility forced the vnkle to giue place to the Neuew whom they substituted in the roume and place of his brother reseruing to Hanno onely some portion of the goods as to one of the Children of the same house An other example we haue in the posteritie of Henry the second K. of England who had three sonnes Richard Cordelion Secondly Geffrey who had maried Constance the Heyre of Brittaine and dyed in his Fathers time leauing his Wife great of Arthure afterward Duke of Britaine and Iohn surnamed without land Soone after the fathers death dyed Richard also without issue whereupon Phil. Augustus King of Fraunce who raigned about the yere 1141. adiudged the Dutchy of Normandy with other the Landes that the said Richard held in Fraunce vnto Arthure sonne to Gâ—ffrey his elder brother but afterward the sayde Iohn made peace with Augustus through the mariage of his sonne Lewes vnto Blanch. Neece to the sayd Iohn by his Sister wife to the King of Castile togither with some Lands that the saide Iohn habandoned to the sayd Phillip So that Arthure still prosecuting his right was slaine by his vnkle Iohn wherevpon the King of Fraunce tooke occasion for that fellony to confiscate all those landes as hauing alwayes fauoured and aucthorised the cause of the sayd Arthur The third iudgement passed in the tyme of Charles the Fayre King of Fraunce about the yeere 1331. for the Earle of Flaunders for Lewes of Neuers was by the Peeres of the Realme declared Earle of Flaunders and preferred before his
Vnckle after the decease of Earle Robert because he was sonne to the elder who dyed afore his father True it is that for entering vpon the sayd Countie and taking vpon him the title of Earle before he had taken his oath done homadge to his Maiestie he was arrested at Paris and imprisoned in the Castle of Louure from whence he was soone after deliuered againe An other solemne arrest passed in the tyme of Phil. of Valois about the yeere 1328. for the Dutchie of Brittain by reason of the decease of Duke Iohn who dyed without issue leauing behind him his third brother Ih. Earle of Montfort and the daughter of his second brother Guy Vicountie of Limoges then wife to Charles Earle of Blois vnto whom by sentence of the Court the sayd Dutchie in the yerre 1341. was adiudged because Charles of Blois shewed y â— by the custumes of Brittaine the succession belonged to the eldest theÌ„ to the second and lastly to the third thereupon inferring that his wife daughter to the second did represent the same person But where the house of Montfort did afterward enioye the same Dutchie that came by vertue of a certaine agreement afterwarde made at the entrie of Charles the fifth in the yeere 1364. An other sentence passed in the tyme of Frances the 1. in the yeere 1517. for the Countie of Foix and other the landes belonging to the same famely betweene Odet of Foix Lord of Lautrect and Villemur and Henry of Albret King of Nauarre Grandfather to the King of Nauarre now raigning for Gaston of Foix and Eleanor of Nauarre had two sonnes Gaston the eldest and Iohn Vicountie of Narbonne the yonger Gaston dyed before both father and mother leauing suruiuours by his wife Lady Magdalem of Fraunce daughter to Charles the seauenth two children Philip Phebus and Ratherine whereupon their Vnckle Iohn Vicountie of Narbonne hauing maried the sister of King Lewes the 12. made suite against the sayde Phebus his neuewe pretending eldership by the decease of his brother Gaston The cause pleaded in the Court of Parliament was by the Counsaile compounded in the yere 1488 but soone after began againe by Gaston of Foix Duke of Nemours sonne to the sayde Iohn being in great fauour with his Vnkle King Lewes the 12. but because hee dyed at the battaile of Rauenna without issue it seemed this processe might haue ended but it fell out otherwise for Odet of Foix his Cossen and pretended heire tooke the same cause in hand against Katherin sister to the sayd Phebus deceased and proceeded so farre that by arrest of the Court in the yeere 1517. he was put by the sayd CouÌ„tie together with other the Lordships of the same famelic adiudged vnto Henry of Albret sonne to the sayde Katherine and his posteritie of whom as is aforesayd is discended the now Lorde King of Nauarre In England after the decease of Edward the third in the yeere 1378. Richard sonne to Edw. Prince of Wales was without contradiction crowned and preferred before his Vnckles the Dukes of Lancaster of Clarence of Glocester and Yorke but aboue twentie yeeres after for his euill behauiour and misgouernment he was deposed and his Cossen Henry sonne to Iohn Duke of Lancaster set vp in his place In Portugall King Alphons the fifth had two children Fernand and Henry who beeing the elder deceased before his father leauing a sonne named Iohn after the decease of the said Alphons the said Iohn commonly called Iohn the second whoÌ„ the common Histories doe falsly terme sonne to the sayd Alphons did peaceable enioye the Crowne from the yeere 1482. vnto the yeere 1495. when he dyed without issue and then his Cossen Emanuell sonne to Ferdinand succeeded him The sayd Emanuell hauing raigned 22. yeres among other children left his sonne Iohn the third who was crowned after him and Henry the Cardinal Iohn the 3. during his raigne had a sonne of the same name who dyed before his father leauing his wife with childe of Sebastien who after his Grandfather Iohn the 3. was preferred before his great Vnckle Henry brother to the sayd Iohn the 3. notwithstanding the sayde Sebastiens father was neuer King and that the said Henry might haue obiected the same but he raigned not vntill the sayd Sebastien dyed and left no issue which question sayth Tiraquell doth so resemble ours as one Bee may an other In Castile King Alphons the 10. had two sonnes the elder Ferdinand who maried Blanch daughter to S. Lewes and of her begat Ferdinand and Alphons The younger called Sanxi who seeing his elder brother dead and waying his neuewes right to the Realme could not tary the decease of his father the sayde Alphons but during his life time raised warres to the ende to procure himselfe to bee declared heire whereat this good olde man was so wrath that he accursed him Besides that the French King Phillip the third Vnckle by the mother to the sayde yong Princes after he had therevpon asked aduise of the wise men of his Realme led an armie vnto the frontiers of Spayne and had gone forward had not the Popes Legat lingered him with wordes together with the assurance which the sayde Alphons made him viz. that he would vpholde the right and cause of his sayd neuewes which neuerthelesse he soone after he forgat and sent out his Letter sealed with gold and his owne Image therein grauen to his subiects repugnant to the former and by meanes of the same by forcâ—establishâ—d Sanxi his seconde sonne so as the orphelins were not ouercome but with the sworâ— without any shewe of reason as the historie doe import In Sicill the like quarell being moued betweene the sonne and the neuewe of Agathocles in the extremitie of his sicknesse the neuewe by the will and iudgement of God ouerthrew his sayd Vnkle and remayning victor was King ouer the whole Land In Germany vpon the like controuersie vnder Henry the 3. after vnder Ottho the Great the histories doe report that the States of the Empire met and agreed that this debate should as the custome of that time required be ended by a coÌ„bat wherein the defendants of the cause of y â— neuew sonne to his brother y t would haue had his fathers roume were conquerors and thereupon the sayd Estates did so conclude and adiudge it More solemne also is the sentence which Licurgus the true Oracle of humaine wisedome gaue in his owne cause about the 17. Olimpiade in the time of Numa King of the Romaines for wee reade that his father Enomus King of the Lacedemonians had two sonnes Polidectes and Licurgus the first dyed before his father leauing his wife with childe Enomus dead Licurgus tooke the royall Diadem and kept it a fewe moneths vntill at a banquet among his friendes his neuewe the after borne was offered vnto him whome hee named Charilaus withall set the Crowne vpon his head To
this example hath relation also the same iudgement that Pausanius writeth of the Senat of Sparta aboue 400. yeeres after Licurgus concerning the children of their King Cleomenes who had two sonnes Cleonimus and Acrotatus the elder who dying beforr his father and leauing his sonne Areus the Realm came in question betweene them where senteÌ„ce passed for Areus against Cleonimus who was so wroth therewith that he called Pirrhus King of Epiro sonne to Earida and caused him to enter the land whereupon he was declared enemie to the Commonwealth In Italy Robert the second King of Sicill sonne to Charles the second about the yere of Iesus Christ 1310. when there was controuersie for the County of S. Seuerin betweene Thomas sonne to the elder and Iames the younger gaue sentence for the neuewe so that the sayd Robert whome our Doctors terme an other Salomon being in Auignon accompanyed with a number of Doctors and other skilfull personages adiudged the sayd Countie to him Ottho of Frisingen rehearseth the custome of Bourgondy which saith he was euermore obserued among the Gaules concerning the fathers succession which was adiudged to the eldest and his posteritie vnto whom the rest as to their Lordes ought to yeeld all respect honor and duetie Demosthenes also maketh mention of the Athenians lawe whereby brothers children had parte in the succession of their Grandfather as braunches and bodies substituted in the Roumes of their deceased parents So as the great number of arrestes passed might at this day be reason sufficient to restrain the Lord Cardinall of Bourbon and those who vnder pretence of fauouring his cause do practize their own aduancement by the destruction of the Royall famelie especially sith these iudgements passed not without great notice of the cause ripe most sound considerations which learned men shal conceiue as drawne out of the fountaine of the Ciuill and Cannon lawes from whence the best and most of our pollicie is taken 3 The first reason is because the father and the sonne sayth Iustinian are natura but one person so as the father seemeth not dead in respect of the substitution that nature hath made in the person of his sonne who is parte of his flesh and bones and is therefore termed sonne of the houshould as the other father of houshould with the sole difference of the title of generation And in Ecclesiastes it is written The father is dead and in a maner not dead because he hath left one like himselfe And after the fathers decease the sonne purchaseth not a newe his rightes and succession but taketh vpon him the administration and vse of the same whereby the same matter that was to bee considered in the father is no doubt transported to the person of the sonne how personall soeuer the same be and he is thereof capable as a straunger enheritour cannot be in such wise that the sonne by nature and ciuill lawe substituted in his fathers roume and place is to enioye all priuiledges dignities and rightes that might to the deceased haue apperteyned This ciuill reason conformeth it selfe to infinite examples of the lawe First wee knowe that the sonne dying before his father the neuewe entereth the roume of the deceased and enioyeth the same rights as his father if he had liued should in his GraÌ„dfathers succession as appeareth in the Counsaile of Gallus Aquilius by the law Vellea and other the heades of our wisedome so that no reason can be alleadged why we should otherwise thincke in this deede which dependeth of the right obteyned by the father in respect of seuioritie in the succession of his predecessors for although the sonne of the deceased elder doe maintaine the seuioritie to bee his by his owne right and person yet is he as it were substituted in the place and person of his sayd father and admit the qualitie of senioritie were by the fathers decease dead and extinct yet the power habilitie to succeede thereby is not extinct and lost which beeing diuers and seperated from the eldership is continued and transported into the person of the sonne Wherevpon in lawe we doe say that the same departing before the father his sonne succeedeth in his possibilitie because the same occasion if any dyeth without children is accomplished in the wise counsaile of the testator if there remaine any issue of the afore deceased sonne Hereupon by the arrest of the Court in the yeere 1555. was the daughter of the eldest sonne of Thibault of Vitry preferred before her Vnckles in the right of eldership to the landes and noble Lordships of the said Thibault Secondly it was determined that the free borne childreÌ„ were not bound to lay together their owne goodes in pertitioÌ„ of their fathers or if it happened the same beeing vnder his fathers iurisdiction to decease leauing his sonne alienated to some one of his brethren of the same calling the neuew who in his owne person could not attend the relation of his Vnckles proper goodes in the succession of his Grandfather might neuerthelesse demaund the same in the behalfe and as substitute to the person of his deceased father and therefore the same right that he had in the same relation is adiudged to his sonne who of himselfe was vnperfect badly grouÌ„ded in his demaund By our Lawes also the brother by father and mother is in the succession of his deceased brother to bee preferred before the rest of his brethren of the same bellie or kinsmen Let vs now presuppose the brother both waies were deceased leauing one sonne The sonne is to take vp the inheritance of his Vnkle before the rest of the brethren of the deceased beeing of one bellie or kindred which hee cannot doe by his owne right because he was not brother to the deceased and therefore necessarily he taketh it in right of substitution and succession to his late father transported into his person wherby he not onely succeedeth with his Vnkles but which is more excludeth them as might his father haue done if he had liued Moreouer that which is noted in parte must take place in the whole and yet in the substitution of the deceased fathers succession the children of the deceased do take their part and portion of their deceased Grandfathers goodes by stocke not by head that is in consideration of their fathers person which wee call in stirpes non in capita which also concurreth with Gods lawe as wee may note in the portion that Abraham gaue to his neuewe Lot the sonne of his brother Aram in the succession of their generall father Thare In the collaterall ligne the text of Iustinians nouell saith that the neuâ—we sonne to the brother succeedeth in such part as his deceased father might haue done why theÌ„ should we not obserue the same in things wholly vndeuided as in a Realme Empire Dutchie and such other like which can haue but one maister so that the neuewe taking his fathers roume
viscerum patris primo geniti excludet secundò genitum The fifth consideration is taken ab exemplo patroni qui vni ex liberis assignauit libertum to whom and to his he is due illis extantibus alteri non est locus So then the law custome and publick ordenāce hauing called the eldest and to him assigned y t right of the Realm it cānot belōg to any other but him or his being sufficiēt so long as they shall remaine in the worlde to take vp that succession which the right of eldership hath giuen him The sixt reason shall be that the same lawes and customes that are obserued in siefes and vasselag are considerable in Realmes and 〈◊〉 ruling And it is certaine that in beneficio quod feudum appellant nepos ex filio solus succedit and in default of him onely the Vnckle is called to the sayde succession notwithstanding our writer dare falsly mainteyne the contrary and alleadge the textes that make ad literā as they terme it against him Why then should wee not say as much of the Realme and Crowne which is the rule and gouernment of the said stefes Finally without doubt the right of eldership is a qualitie that passeth to euery of the children from the first to the second from the second to the third and so consequently as doe the heades of succession ordeyned by the pretors edict de liberis ad agnatos de his ad cognatos at verò certum est successionem quae fit de gradu in gradum potiorem esse illa quae fieri solet de capite in caput so as post omnes liberorum gradus vocantur agnati post vniuersos agnatos cognati Thus are the first borne the first head whose degrees are to bee considered in their issue The other head is of the second borne whose degrees are to be obserued in his children c. 6 Yet is there in this cause one especiall reason for the sayde Lorde King of Nauarre which cannot bee aunswered that is that his sayd Vnckle the Lorde Cardinall of Bourbon at the mariage of his neuewe the King of Nauarre to Lady Margaret of Fraunce acquited demissed yeelded and transferred to the sayd Lord King all and euery the rightes tles voyces and actions present to come that any waye might to him apperteyne as comming of the house of Bourbon expressely acknowledging his sayde neuewe the Lorde King of Nauarre for the true sonne heire successor and in all and by all representer of the senioritie of the sayde house To thincke therefore now to goe against the sayd renunciation made vnder a vaine hope of successiō in this Realme comprized vnder this general eldership of his late brother the Lord King of Nauarre there is no apparance sith spes fidei commissi conditionis in certum remitti poterit yea that iusiurandum reuunciationi interpositum tale est vt obseruari possit sine salutis aeternae dispendio also that by the Cannon lawes a renunciation cōfirmed with an oath can not be broken Besides that the renunciation was a part of the donation in the cōtract of Matrimonie whereby the mariage of the sayd Lord King of Nauarre to the sayd Lady of Frāce was more easily accomplished and by the restoring of the same the childrē of the said Matrimony might be endamaged which may not be permitted especially because the sayd Lorde Cardinall can alleadge no likelihood of hurt through his minoritie force or other causes of restitution against the sayde Lorde King of Nauarre his neuewe who at that tyme was yong and vnder the sayd Lord Cardinalles authoritie On the other side the learned do for the said Lord Cardinall bring in the example of Siluius King of the Latins who was preferred before Iulus his elder brother Ascanius sonne but in this matter the argument is not alike for Ascanius dyed not in his father Aeneas tyme but had worne the Crowne 38. yeeres or there about after his decease and when hee dyed the succession thereof was restored to Siluius to whom it rightly did apperteyne as being the true enheritance of his mother Lauinia For it is euident that Aeneas after the destruction of Troy landed in Italy with his sonne Ascanius and so well ordered his affayres that hee married Lauinia daughter to Latinus King of Alba Longa whom hee afterwarde succeeded of that mariage begat Siluius so that Ascanius raigne ouer the Latins in Italy was by tyrannie and without any vailable or more apparant title then the sworde for the Realme belonged to Siluius in the right of his mother Lauinia Secondly they alleadge a iudgement of the Senat of Sparta betweene Agesilaus and his nenewe Leotichides sonne to his elder brother Agis whereby the Vnckle was preferred and the Diadē royall to him adiudged But herein I would also desire thē to haue recourse to y ◠reason that Pausanias yeeldeth for y ◠saide iudgement which was because he was by his father Agis denounced a bastard whom in such cases the Ephores commonly beleeued as appeareth by a fore iudgement long before by them giuen in the person of Demaratus who was driuen out of the Realme which hee did enioye because of the like speech vsed by his father Ariston in his place as vnsufficient was substituted his Cossen Leotichides Their third example hath yet lesse apparence and is of Gontran King of Orleans of the sonnes of Clotaire the first who was preferred before Childebert sonne to his brother Sigisbert King of Metz in the succession of Cherebert King of Paris for they saye not that it was by force either that the Realme of the sayd Cherebert was deuided euen in the life tyme of the sayd Sigisbert father to the sayd Childebert among all his brethren and yet that afterwarde the weapons of the sayde Gontran were the stronger whē Fredegond had procured the death of Sigisbert which soone after Gontran repented and hauing no children adopted his neuewe Childebert who in the ende enioyed all his possessions The fourth is of Honoricus sonne to Gisericus King of the Wandales who was preferred before Gondabundus sonne to Genson the said Gizericus eldest but to this purpose they should withall haue set downe the words of the sayde Gesericus the fathers last will and testamēt importing as saith Procopius that he would haue the eldest of his children to succeede him which peraduenture he had learned of the auncient Nomades among whō sayth Strabo the prerogatiue of yeres was relligiously obserued in consideration whereof sentence passed for Corbis the eldest against Orsna his Cossen and sonne to the last King whose controuersie was decided by a Combat But in France we regard not the age but onely the order of senioritie wherein the neuewe continueth by substitution of him in the roume and place of his father the prerogatiue of the sonne The like was obserued in Barnarde sonne to Pepin Charles the Great
the said lord King was married to the Duke of Cleue when she ioyned with the said Lord Anthony and so consequently the King of Nauare discended of the said Anthonie of Bourbon and Iane of Albret is illegitimate and vncapable to succede in the Crowne of France wherin Basterds did neuer succeede 2 This point is easie to bee answered by the trueth of the matter which is that the late King Francis the first desirous to drawe to himselfe and to disunite from the Emperour Charles the fifth the Duke of Cleue vrged forced his sister Lady Margaret of FraÌ„ce and Henry of Albret King of Nauarre father and mother to the sayd Iane who then was a yong Princesse of eight or nine yeres of age at the most to marry her to the sayd Duke of Cleue with whom the solemnitie was accoÌ„plished and the maiden conducted to the nuptiall bed in the Towne of Chastelerauld but before the time of mariage was lawfully perfect and accomplished in the said Lady Iane she complayned of this pretended marriage crauing the dissolution thereof which by the sentence of the Church and the Popes dispeÌ„sation afterward in the yeere 1541. enrowled in the Court of Parliament was broken After all which acts the said Anthony of Bourbon father to the sayd Lord King of Nauarre maried the sayd Princesse 3 It followeth therfore that the pretended mariage betweene the sayde Duke of Cleue and the sayd Iane of Albret was voyde and of no force or effect as well by the Ciuill lawe of the Romaines which ordinarily we do vse as by the holie decrees of the Catholicke Church Antistius Labeo and after him Papinian Vlpian gaue sentence against Saluius Ialianus A maideÌ„ vnder twelue yeres of age brought into her husbands house is not so much as espoused if the affâ—ancing weÌ„t not before In an other place Papinian arguing whether the promise of dowrie eonteineth in it a condition if the marriage doe ensue setteth downe for an assured resolution That if a maiden vnder twelue yeeres of age be brought into her husbands dwelling house hauing there accomplished her lawful age she may as of age require her dowrie Labeo vpon the propoâ—itioÌ„ of donations by the husband made vnto his wife which in lawe are prohibited maintaineth that whatsoeuer the husband giueth to the pupill his pretended wife is in Romaine pollicie good and of force In an other place he saith Whatsoeuer is bequeathed to a pupill at her day of mariage if she coÌ„tract matrimonie before her perfect age the gift is deemed vnprofitable and the condition iudged not to be performed which Vlpian doth expressely confirme In an other place the same Author repeateth the rescript of the Emperour Seuerus whereby the husband is forbidden in the qualitie of a husband to accuse his wife of adulterie coÌ„mitted during her noneage Pomponius hath left vs the generall rule of this question in writing conteining A maiden vnder twelue yeeres of age shalbe a lawfull wife when in her husbands company she hath atteyned the sayd age of twelue yeeres Which likewise Vlpian and Paulus doe repeate in their discourses vpon the priuiledges graunted to the wife for the redemand of her dowrie 4 The holy decrees of the Cath. Church are full of such decisions Pope Euaristus who held the Sea of Rome about the yere of Iesus Christ 110. confesseth that he had learned of y e fathers his predecessors that the inequalitie and insufficiencie of age doe make the wife vnlawfull Wee reade a decre of the Counsaile of Foruile holden vnder Charlemagne and Pepin his eldest Sonne concerning this question Moreouer saith the text For the remedying of all we forbid all persons to ioyne in matrimony before their ripe age also all such as are of vnequall yeeres in any wise to match together but only those who in respect of equall birth beare like minde and consent Pope Nicholas the first who sat about the yeere 858. to the same effect writeth That where consent wanteth it is no mariage Such therfore as doe make alliances of their children being yet in their cradles do no whit bind theÌ„ vnlesse the coÌ„ioyned hauing atteyned the yeres of discretion doe allowe thereof notwithstanding their parents would marrie them Vpon this text also Iohn Andrewe teacheth vs that wee must enquire the willes of the pupilles when they are of ripe age therein following that which Pope Marcel coÌ„curring with the seconde decree of the Counsaile of Toledo hath written of those who before the tyme appoynted doe make and promise the vowe of Religion for although according to Isidore Puberes doe take that name of Pube that ripe age appeareth in such as are able to engender yet must wee not iudge this habilitie by the onely naturall power in the act of generation but by the iudgemeÌ„t counsaile and discretion of the will because marriage is an act of discretion pollicie and housholdrye euen as the making of a Will Which was the cause why Pope Alexander the third declareth that such as before the age of discretion are married both may and ought by the censure of the Church to be seperated considering they haue not consented if when and after they haue atteined ripenesse of iudgement they doe not ratefie the same or that there haue beene no carnall knowledge betweene them in which case Malice is sayd to supplye age This the sayd Alexander decreed by the authoritie of the Connsaile of Lateran holden in the yeere 1180. in the assembly of 280. Bishops Vrban the third writing to the Bishop of Mans declareth that these constitutions ought to bee obserued yea notwithstanding the two conioyned had done their endeuours to corrupt each others virginitie Innocent the third also doth iudge such a pretended marriage to bee rather a simple promesse to contract in tyme to come then any certaine or firme obligation for the tyme present Vpon which reason also the aforesaid Pope Nicholas expressely forbiddeth the ceremonies institued by the Church as the blessing and others before the age prescribed and ordeined for lawful mariage leasâ— they should be ministred in vaine then could not easely be reuoked This haue not bene obserued in the West church only but also y e Emperours of the East haue caused their Subiects religiously to keepe the same as a matter most holy and Catholicke As wee reade in their nouel CoÌ„stitutions wherein they haue moreouer proroged the tyme of mariage vnto 13. yeeres in the maiden and to 15. in the man expressely decreeing that the blessing giuen before that age in such coniunctions shall bee of no effect or force to make the marriage indissoluble but bee accoumpted as a simple promesse or ciuill couenant Furthermore to proue that the East Churches haue allowed of these constitutions Balsamen Patriarck of Constantinople doth to the same purpose repeate some decrées of Nicholas Patriarck of Constantinople and of Simon Metropolitan of