A Catholicke Apologie a­gainst the Libels, Declarations, Aduices, and Consulatations made, writen, and published by those of the League, perturbers of the quiet estate of the Realme of France: who are ri­sen since the decease of the late Monsier, the Kings onely brother.
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IF wisely we do consider the ambitiō of some that are borne, nourished and brought vp in the grea­test honors, wealth and fauours of this Realme, we shall as it were with our fingers touch and euidētly perceiue, that they resemble y^e same which the auncients doe write concerning Vipers, who doe eate out the entrailes of her that giueth them life, and doe malitiously endeuour by such ciuill wars as they haue kindeled in this Estate within these 25. yeres, to become, (as occasion may serue) masters aud vsurpers thereof, by such [Page] sleights wresting the true French from that bond and duetifull good will that they ought to beare to their naturall Princes: For it is most certain and vnfallible, that as the course of the Water mainteineth the Riuer, so the continuance of ciuill warres yeeldeth the bad mindes of the people immortall: yet are wee neuerthelesse so blinded, vndiscreet, and vn­constant, as neuer to haue had iudgement to knowe our disease since the time we were first afflicted with the condition of such as can not bee satisfied with the Dominion of the whole world, and who voluntarily doe hazard what­soeuer their owne assured, as welth, quiet, and life, to make themselues Lords of that which they can conceaue no hope of, without mer­ueilous effusion of blood and vtter ruine of their Countrey: Whereunto vndoubtedly it seemeth that time, through the diuersitie of re­ligion among vs, hath inuited them: as also, in that they see a number of our 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 [Page 2] 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 [Page] 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 Lābert 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,Sigisbert in his Chron. and fel into the person of Ide wife to Eustace [Page 3] Countie of Bolongne on the Sea, the father and mother to Godfrey of Bolōgne, King of Hierusalem: who in Lorrain succeeded his v [...]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 Va [...]demont, who was the yonger of the auncient house of [Page] 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,Sigisb. fol. 233. 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.Idem. fol. 595. 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 Chāpagne, & seazed vpon Bar, but the Lorrain gaue him battaile, wherein the said Odo deceased. Gothelo had [Page 4] a sonne named Godfrey,Idem. fol. 596. 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,Idem. fol. 597. 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,Idem fol. 599. 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 [Page] 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,Idem fol. 601. 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,Sigis. in his Chron. for y^t he was nursed in the Castle of Bu­illō which now y^• Bishop of Liege holdeth,Heman in his contra­ction of Chron. & 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.Idem Sigis. fol. 611. Idem fol. 612. gaue the Dutchy of Lorrain to Henry Earle of Lembourg, whome after hee had rebelled against him, he had taken againe into fauour: And in troth this Henry of Lem­bourg was a very bad man, for besides infinit other his misdeedes, we find that at the prouo­cation of the Pope thē being, he moued warre betweene Henrie the fowerth and the fifth, [Page 5] the father and the sonne. The father gaue him the Dutchy, yet he tooke the sonnes part, and then retourned to the fathers side,Idem fol. eodem. after whose death hee went and fell at the sonnes f [...]te,Munster. Cosmog. Sanso in his Chron. who committed him to prison, and in the yere 1106. inuested Godfrey, by some named William, Earle of Louaine, in the Dutchy of Lorraine,Vign. in the orig. of the French. 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 [Page] the second, and his posteritie, that they haue through the liberalitie of their Maiesties, en­creased their Patrimonie to a Million of Frankes of Rent that they houlde in this Realme, whereas their grandfather Claude when he maried Lady Antoynet Bourbon, daughter to the Duke of Vendosme, had not aboue 14. or 1500. besides they haue bene ho­nored with the greatest offices of y^e Crowne, as the office of great Master, which was wōt to be in the house of Montmorencie, and other of the most honorable: So as it might be hard to thinke that nowe they would imitate the Moyle, whose nature is to kicke and spurne at his Mother when hee hath sucked enough of her Milke: either that they had so vnthāck­full a minde, as to take weapon against the Royall Famely whereunto they are indebted in whatsoeuer they are, yea, and that vnder a false perswasion, that they should be discēded from Charlemagne, which is contrarie to all trueth.

4 To verefie therefore that the Princes of Lorraine neuer came out of the house of Fraunce, it will be sufficient to shewe that in the succession of the Dutchy of Lorraine they obserue not the Salicke lawe, as it was iud­ged by the Fathers assembled at the Coun­saile [Page 6] 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.leg. Salic. lib. p. ca. 26 Of the Salicke landes the woman shall chalenge no portiō, but the succession ther­of shall appertaine to the males. The reason of this constitution is, because our fathers did horribly detest the gouernment of straūgers, which vndoubtedly must needes haue often happened if the males of daughters that were wiues to forraine Princes might haue bene capable, as some would perswade y^• childrē of Lorraine y^t they may pretende, as wrongfully as did Edward of England, whose cause was solembly ended by the whole states of Frāce. [Page] for Philip of Vallois afterward King against the sayd Edward the sonne of Lady Isabell daughter of Phillip y^e faire, after that Prince Robert of Arthois had openly made an Ora­tion to the Estates for the sayd Phillip, and had among other alleadged the reason afore­sayd, the originall whereof he drewe from be­fore the Emperour Iustinian: and Paule E­milie speaking of the ioye and contentation that the French conceiued, after this sentēce writeth thus. King Phillip making his entrey into the chiefe Towne of his Realme, was recei­ued with as great pleasure, Paul. Aem. in Philip. Vales. ioye, and triumph of people, as euer was King of Fraunce, where was a world of people crying, God saue the King. The streates were paued with Flowers accor­ding to the seazon, and adorned with the most triumphant Furniture that could at that tyme be found. To bee briefe saith the Historie, the people forgat no kinde of demonstration of their contentation for the comming of this King to the Crowne. He saith moreouer, y^t the Towne feasted his Maiestie, y^e Princes of his bloud, and Officers of his Crowne, praysing & pub­lickly extolling him as the preseruer and de­fence of the French Maiestie and the libertie and dignitie of the Salicke law, whereby the Frenchmē who were accustomed to prescribe [Page 7] lawes to Straungers were neuer ruled by them. Then he endeth his speech: saying, that the most part of the night was put away with the light of Bonfyers throughout y^e Realme, and the howers of sleepe consumed in daun­sing, singing, and all sortes of honest and de­lectable mirth: especially at Paris y^• townes men marched in great troupes to congratu­late each other for the welcomming of this King, whom they termed the Bulwarke and preseruer of the best of their lawes. These good fathers were no basterdly French, as are those of our cursed world, and would haue kept themselues farre from informing, much lesse from begging those meanes that might bee imagined for the breach of this goodly Salicke lawe, which is the onely Oracle of France, and true rampier of the French dig­nitie: which also, sith it is euident that the Princes of Lorrain haue not vsed, it is an vn­doubted demonstration that they are not dis­cended of the race of our Princes, who haue so highly commended it in their Empier and soueraigne gouernement.

5 In deed our deceiuers since considering that this foundation was too rashly propoun­ded, and might breede hatred in the King a­gainst the Princes of Lorraine, whome they [Page] would bring into this bad action, because his Maiestie beeing iustly agrieued, hath power enough and ready to chastize the Authors of such writings as guiltie of treazon, haue dis­sembled this meane and flatly disaduowed the miserable wretches who for the publishing of these vntrueths had hazarded their liues. But returning into the path of their first entent since the death of Mounsier the Kings onely Brother, they haue perswaded themselues that his Maiestie may one day happen to dye without issue. But howsoeuer it be, prouiding long before for their affayres, they haue coa­sted and sought to winne one of the first Prin­ces of the blood discended of the house of Bourbon, the true and onely Heyre of the Crowne, if it should please God so farre to punish vs as to depriue vs of our good King without issue male: and haue gone about to perswade this Prince that it is he who ought to be the lawfull successor, and therefore that he had neede presently and alreadie to cause the same openly and with effectual and strōg reasons to be published.

6 Wherein both the one and the other doe highly offend the Kings owne person, in that in his life tyme they dispute of succession, (which if it might please God to sende him a [Page 8] sonne to enioye it, shall neuer fall to them) be­sides that thus thei seme to cōspire his death: which in effect is as much as to league them­selues against nature, against good maners, against Christian pietie, & against that good will which we owe to our King, vnto whome we are bound to pray for good, wish for good, and prognosticate good, and therfore to waite for such his hap and misfortune is repugnant to all lawes ciuill and naturall. Neither can good men like, that against the Kings will and during his life men should argue or call into questiō the doubt of his succession, which is nothing so long as it shall please God to leaue him in the world. Vpon this cause did the fifth Counsaile of Toledo in Spayne which was holden during the Popedome of Honorius the first,Concil. vol. 2. cap. 4. fol. 739. about the yeere 622. in the tyme of Heraclius the Emperour and Chin­tillus King of Spayne, by decree excommu­nicate all such as do enquire or seeme to haue any care or doe seeke to vnderstande who shal be their King after him that hath the Scep­ter. Because then saith the text, it is repugnant to pietie and daungerous to man to thinke vpon vnlawfull matters to come, or to enforme them­selues of the accidents of Princes, or in respect thereof to prouide for the time to come: for it is [Page] written. It is not for you to knowe the seazons and tymes which the Lorde hath reserued to himselfe: wee doe by this decree ordeyne, that if there be any informer of such matters, and who during the Kings life respecteth any other in hope of the Realme, or that allureth any vnto him in that respect, that the same be by sentēce of excommunication banished the companie of the Catholickes. The same decree was reite­rated in the sixt Counsaile holden in the sayd Towne of Toledo, whereto was added a ve­ry conuenient reason whereby the Authors of such discourses are reproued as men curi­ous of the tyme to come, whom God will not peraduēture permit to attaine thereto: Mark therefore how such people who would bee ta­ken to be zealous of Catholicke religion and the Commonwealth, do by making such que­stions offend God and his holy Church.

7 Furthermore, this good Prince of whom they seeke to make a buckler, is (if it please him) to consider that these alterations are wouen for the subuertion of him and his fa­melie: to the ende that beeing by the force of the same disunited and deuided, the Authors of this faction may remaine Maisters of both partes, and by the losse of the one may more easely disperce the other. That this is so it ap­peareth [Page 9] by that Lybell that secretly they dis­perst abroade into our hands, wherein is one of the most impudent maximes that they dare set downe, namely: That no one of the Prin­ces of Bourbon (and doe expressely name the person of the Cardinall, vnder whom neuer­thelesse they would shroud thēselues) is capa­ble of the succession of the Crowne of Frāce, because now they are growne beyonde the tenth degree of agnation to the royall house, whereby onely enheritances and successions are by the Ciuill lawes deferred to the nee­rest, and beyonde the which also the heritage beeing vacant shoulde come to the fisck, which in this cace is the assembly of the E­states and Peeres of France, who are to pro­ceede to a newe election. But herein they doe malitiously deceiue themselues, because the royall title of the Crowne of Fraunce is not simply a patrimoniall enheritance or feudal, neither runneth by simple enheritance ciuill, but the neerest of the bloud royall is thereto called by succession and surrogation perpe­tuall, without ende, after the order of consan­guinitie or masculine agnation, whether he be or be not particuler heyre to the King de­ceased, in his owne proper goodes. Also, say our Maisters this right of the Crowne is in [Page] deede not hereditarie,I. vel agna­tis ff. de re­lig. l. ius se­pulchri. C. cod. Ign. in disput. an rex Franc. recog. snper Mol. in cōs. paris. tit. p. ff. 8. Bald. in ff. vnic. de feud. March. Ioh. de Teran. in lib. cōt. reb. reg. Tract. p art. p. cōcil. 9. 10. 11. & 12. Guil. de Month. in tract. de suc. reg. Franc. but of the famelie and of whom soeuer appertaineth thereto, not­withstanding no one of them might be heire to the deceased. Wherevpon Balde & others that haue particulerly written of the succes­sion of this Realme, doe vpholde that therein succeedeth the next of the Kings bloud being come of the male although he were 1000. de­grees of, and that by the right of bloud and perpetuall custome of the Realme, therein bringing for especiall example the famelie of Bourbon, which onely after the famelie now raigning is to succeede in the Crowne of Fraunce. Besides that, returning to our pur­pose, all the reasons that may be alleadged in the behalf of this Prince or of any other who­soeuer, except of the King of Nauarre, haue so small likelihood that euery one may soone iudge that those that haue set abroach this matter are mere perturbers of the peace and lawes of this Crowne, particuler enemies to the house of Fraunce, but chiefly to the sayde Lord Cardinall of Bourbon, in that they en­deuour themselues to ship him in this so vn­iust a qu [...]rrell, and to perswade him to leaue such a blemish to his memorie, that the poste­ritie maye saye that so great a Prince as hee, wise and discreet, a Clergie man euen from [Page 10] his youth, being now come to y^e Graues side, should without reason bend hymselfe against his owne blood, and peraduenture be an occa­sion or instrument to the enemies of his Fa­mily to depriue his blood of so faire, great, and mighty a realme, which the lawes there­of hath prouided them, if God should not send the King now raigning a sone.

8 Now to the end to lay open mine intent, I willl say no more but the trueth, which is, that among all such as professe obseruing of the estate and gouernment of auncient com­mon wealthes, this Realme of Fraunce will appeare to be one of the most assured and best ordered that euer was in the world: which al­so through the Lawes and politicke gouern­ment thereof, hath longer continued then e­uer did any other Monarchie, howe auncient or mightie soeuer, as beeing aboue 1200. yeeres, since vnder one forme, and with one kind of lawes it was gouerned vnder the ma­iestie and authoritie of Kings, of whom this last race hath continewed 600. yeres. But a­mong the chiefest and most perfect ordinan­ces of this Crowne, that is most commenda­ble whereby the realme doth by succession be­long, by vertue of the Salick law, to the next Male of the deceased King, discending of the [Page] Masculine ligne: For in trueth our Kings knowing that those of their owne blood are to succeede them, haue the greater cause to keepe, housband, and preserue the estate and demains of their Realme as their owne and certaine Patrimonie: besides that the succes­sors of the Crowne that are nourished and brought vp in this greatnesse doe neuer be­come tyrants, because euen from their mo­thers wombes they are vsed to command, and ordinarily doe become the better, more iust, valeant, hardy and couragious, by represen­ting to their owne view the greatnesse, com­mendation and maiestie of their predecessors. On the otherside the subiects of the Realme, that haue s [...]e the birth, nourishing and brin­ging vp of their Princes, do the better know their humors and willes, and doe more freely obey such as are borne to rule their estate, thē others that are newly elected, whom they re­member to haue knowen in the like calling as them selues, without either preeminence, authoritie or gouernment, so as there is no­thing so perfect as that which neerest doth imitate nature, and which seemeth to be alto­gether immortall aud infinite by Succession from the Father to the Sonne. Besides that thereby the Kings subiects, howe wealthy or [Page 11] mightie so euer, doe conteine themselues in duetie, humilitie and obedience to their soue­raigne Prince, when they remember that so long as any of the royall blood doe suruiue, the same be capaple to attaine to that marke, and that purposing to attempt any bad mat­ter against the Estate and person of the King, there remaine as many reuengers of the iniurie offered to his Maiestie as there be Princes of his bloud.

Herevpon doe I presume y^t in our France, wherein this royall succession hath time out of minde bene strictly obserued, it was neuer found, neither doe we reade, that the French men did at any time enterprize or practize aught against the person of their King, whe­ther in respect of that naturall affection that alwaies they haue borne him, and whereof they beare the bell among all other Nations in Europe, or els because God neuer permit­ted the royall bloud of Fraunce to rest onely in one, whereby the presumpteous conspira­tors might after the trespasse committed es­cape without punishment. This royall suc­cession therefore resting without doubt or cō ­tradiction in this Realme, the subiects there­of doe well knowe, euen naturally and pre­sumptiuely who is most likely to become [Page] their King, so as now to call in question this succession, is the only direct way to cause the King y^t holdeth the Scepter ouer vs to think and with himselfe to imagine that in his Realme there are some, who for the satisfying of their ambitiō, could willingly wish to haue his place, and for the same purpose do harken after his ende. But sith the bolde impudencie of men is so great that they blush not, neither are ashamed to disclose themselues & to giue all men to vnderstande of their bad entents, besides that necessarily the Commune must bee satisfied, who otherwise might sooner be­leeue the false then the true, before wee pro­ceede any further in aunswering the chiefe poynts of the Lybelles that they scatter a­broade, to the end to say that after the decease of the most Christian King without issue male, it is not the nowe King of Nauarre, but his Vnckle the Lord Cardinall of Bour­bon that lawfully should be King: or the bet­ter to expresse their entents, that it is neither the one ne the other, but that they must pro­ceede to a newe election and nomination of a Prince, I will here protest that I neuer de­sire to see the aduenture of that substitution which they pretende, but hartely doe wish to the King my soueraigne Lorde a most long [Page 12] and happie life, with as great number of issue capable of this Crowne as there be Starres in the Firmament.

9 After which protestation, to come to the purpose and succession of the house of Frāce, I will first speake to those y^t are not brought vp in the state of this Realme, but onely haue learned of their Fathers that the Famely of Bourvon hath the honor to be issued from our Kinges, therefore that the Princes thereof may succeede, when God shall permit, to the Crowne, by the Lawe of succession of the realme. Turning my selfe then to these com­mons, I say that it is well knowen, that King Lawes the ninth, canonized and called saint Lewes, had two sonnes, the elder Phil­lip the bould, of whome are come our Kings yet raigning, who also had two sonnes, the el­dest Phillip the fayer who succeeded him, and after him his three sonnes, Lewes, Phil. the long, Charles the fayer, & the yōger Charles County of Valois, who begat Phillip of Va­lois, who succeeded in the Realme after his Cousen Charles the fayer. After Phillip suc­ceeded his soune Iohn, & after him Charles the fifth called the wise, sonne to Iohn. This Charles had two sonnes, the eldest Charles the sixth King of Fraunce, vnto whome suc­ceeded [Page] Charles the seuenth, Lewes the ele­uenth and Charles the eight his sonne, petie sonne and petie Neuew. The yonger Lewes Duke of Orleance, who by Lady Valentine of Millan had two sonnes, Charles the elder father to Lewes the twelfth King of France after his Cousen Charles the eight was de­ceased without issue, and Iohn Earle of An­goulesme, who was Father of Charles also Earle of the same lande, and Grandfather to king Francis the first, who succeeded his cos­sen Lewes the twelfth, of which King Fran­cis came Henrie his second sonne, and father to Henry now raigning. Hetherto therefore the branch of Phillip the bould, eldest Sonne to Saint Lewes, neuer failed, & so must that fable needes be false which the enimies of the house of Bourbō haue sought to root in mens mindes, namely, that the discontentation of the late King Frācis the first against Char­les of Bourbon that dyed at Rome was for his pretence to the Crowne of France, which since haue continued in al the Princes of this house, and from whence should be deriued the troubles and Ciuill Warres of this realme during the minoritie of the Kings, Francis the second and Charles the ninth, brothers to the King nowe raigning. A matter vtterly [Page 13] false, and falsely inuēted, to the ende more and more to bring into the hatred of the people the Princes of Bourbon, who neuer accompted more deerely of any thing, or had greater de­light in ought then to acknowledge, obey and faithfully serue the Maiesties of our Kings, as their true and souereigne Lordes, hauing the honor so neerely to be to them allyed, that they are of the same House and Armes with­out 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 [Page] 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 [Page 14] 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 [Page] 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 [Page 15] 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 [Page] 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 [Page 16] sayd goodes: as to the Lady Dutches of Lor­raine the Baronage of Mercure, to the Lady Loise married into the house of Roch-sur-you the Countie of Montpensier and landes of Combrailles: which in so doing he rected in­to a Dutchy meete for the heires of the sayde Lady, who at this day do beare the same name of Bourbon, and are extract out of the second principall braunch of this house which we left of aboue vntill we had ended the first braunch of the elder. And now to returne to the sayde Sir Charles, in him dyed the ligne male of the principall stock of the house of Bourbon. As for his two Sisters the one called Claude was wife to good Duke Antony of Lorrain, whose stocke yet remaineth. The other Loise was maried into the other principall braunch of Bourbon, who hath left issue of the name of this house.

13 Now let vs take the seconde braunch, the first & chiefe partition of this race, which is the stocke of the latter yonger borne, and yet remaineth to this day, in the roume of the eldest, and beareth the Name and full armes thereof, as remayning alone after the default and ending of the elder. Concerning y^• males this ligne beginneth againe in Iames of Bourbon the yonger Sonne of Lewes first [Page] Duke of Bourbon, of whom we haue spoken before. This Iames was Constable of Frāce after Charles of Spaine, who flew Charles King of Nauarre in the time of King Iohn. He had to wife Iehane of Saint Paule, and was and so named himself Earle of Marche. Of him came one onely sonne named Iohn, who succeeded hym and married Catherin Countesse of Vendosme and Castres, who brought into this house those two Counties togither with the landes of Carcuecy, Lupe, Conde, Espernon, Mōdoubleau and others. Of these two issued three children Male, Ia­mes, Lewes, and Iohn: also three daughters, Anne wife to y^e Duke of Bauiere, Charlot maried to the King of Ciprus, and Mary to Robert of the Crosses, who tooke his saide wife by force and therfore fled, and it was said he was drowned: In his tyme hee gouerned King Charles the seuenth. Now to retourne to the issue male. Iames had to his protion the Counties of March and Castres: Lewes the Coūtie of Vendosme. As for Iohn he had the Lordship of Carcuecy, and maried a gos­sip of his called Margaret a Vandosmois, by whom hee had some Children, and got a dis­pensation to haue her to Wife, notwithstan­ding the said children were not aduowed in­to [Page 17] this famely, neither succeded in his goods, but by sentence were declared illegitimate, and which is more, the said Iohn of Bourbon the Father in his Testament willed great giftes, and substitutions to the behoofe of his other two sonnes Iames & Lewes, in whose persons he planted him selfe, and raised the first after bough and vnder twigge of this se­cond principall branch.

14 This Iames of Bourbon eldest sonne to Iohn, liued in the time of Charles the sixt, and had two wiues, the first Beatrix of Na­uarre the yōger daughter of the house of Na­uarre, which was the first alliāce of those two houses. They two had issue a daughter na­med Leonor. After the decease of the saide Beatrix, the said Iames of Bourbon allyed him selfe by marriage as it is pretended with Iane Queene of Naples who had before (as the speech went) promised marriage to the King of Arragon, and deceiued them both: So as the sayde Iames of Bourbon beeing gone into the Realme of Naples was in the ende forced to leaue the sayd Iane and to re­tire into Fraunce, where after his returne he still bare the title and name of King of Na­ples, notwithstanding the sayd Iane had af­terward giuen it to others, and finally decea­sed, [Page] leauing for his onely heire the sayd Leo­nor his Daughter, who succeeded him in the sayd Counties of Marche and Castres. She maried Bernard of Armanack Earle of Par­diar a yonger sonne of the house of Arma­nack. These two had issue two sonnes Iohn Bishop of Castres and Iames who succ [...]e­ded in the sayd Counties of his father & mo­ther, and besides in the right of his sayd mo­ther Beatrix of Nauarre layd claime to the land of Nemours, which he procured to be e­rected into a Dutchy, tooke possession there­of and enioyed it. He married the Daughter of Charles of Anieow Earle of Mayn and of Isabell of Luxembourg his wife. This Ia­mes of Armanack at the beginning was in fauour, but afterward fall into suspition with Lewes the eleuenth, and was executed at the Halles in Paris the 24. of August 1147. he left fower Children, two Sonnes and two Daughters, Iames Duke of Nemours and Lewes Earle of Guyze, the two Daughters Margaret & Charlot married into the house of Rohan, who deceased without issue of their bodies, so as in them failed this vnder twigg both male and female.

15 Now remaineth to bee spoken of the ligne of Lewes brother to Iames. He for his [Page 18] part had the Countie of Vendosme, and was taken at the battell of Agincourt in the tyme of Charles y^e sixt: He maried first Lady Iane of Roussy, secondly Lady Iane of Lauall of whom discended one only sonne called Iohn of Bourbon, who maried Lady Isabell of Beaumount: of these two were borne two sonnes, the one called Francis, the other Le­wes: They had also sixe Daughters, Iane wife to the Lord of Ioy [...]use, the scond Iane first maried to Iohn Duke of Bourbon, who was of the line of the elder of this house, and secōdly to Iohn of the Tower Earle of Bolo­gne, of whome is issued Lady Katherine of Medecis Queene mother to the king: Kithe­rin wife to Sir Gilbert of Chabaues in Li­mosin. Charlot maried to Gilbert of Cleue, of whō came the last Lord Duke of Neuers. Rene Abbesse of Fronteuout, Isabell A­besse of Caen: as for the two Sonnes Fran­cis the Eldest succeeded in the Countie of Vendosme, Mondoublean, Espernon and o­ther Lands houlden of that famely, wherto was added the Lordshippe of Saint Calais. Lewes the yonger was made Lord of Roch­sur-yan, and of the landes of Lupe and Con­de in Henault.

16 Now because concerning the question [Page] now to be delt in, wee are to argue of the suc­cession of the elder, we will seeke out the far­thest, and will first speake of the Branche of Lewes the yonger sonne, Prince of Roch sur­yen. He maried Loise of bourbon who was of the elder liue, and sister to Sir Charles of B [...]urboun the last. Of this mariage procee­ded two Sonnes and a Daughter, the elder sonne was Lewes who died but lately, bea­ring the title of Duke of Montpēsier, by the cōposition made in the time of the late Fran­cis the first after the decease of Sir Charles of Bourbon. Hee left one heire Male, named Francis of Bourbon nowe Duke of Mont­pensier and sundrie daughters. This Fran­cis hath of his mariage with the daughter of the Marquize of Mezieres one onely sonne called Henry Prince of Dombes. The other sonne of Lewes Prince of Roch-sur-you, and of Lady Loyse of Bourbon was Prince of Roch sur-you, who died within these fewe yeres without issue. Wee must now then 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, [Page 19] Charles, Frances, Lewes, Antoinet & Loyse of Bourbon. Charles the Eldest succeded in the Countie of Vendosme, and procured it to be erected into a Dutchy and Pairry. Fran­cis had the Countie of Saint Paule, and ma­ried Lady Adriane of Touteuille daughter and heire of a great famely. They had issue, a daughter. Lewes was a Cardinall, Anthoi­net was maried to the Lord of Guyze, of whō is discended the house of Guise now liuing. Loise was abbesse of Fronteuault. Now the said Charl [...]s the eldest maried Lady Francis of Alencon, sister to the deceased sir Charles Duke of Alencon last deceased without chil­dren in the yere 1524. of this mariage issued Antonie, Francis, Charles, Lewes & Iohn. Antony the Eldest and Heire of this family, maried Iane of Albret Queene of Nauarre, of whom came Henry of Bourbon now king of Nauarre, who hath married Margaret of France Sister to the most Christian King. Francis was named Lord of Anguien, who gat the victory at the iorney of Serizoles, & died without issue. Charles the third is Car­dinal of Baurbon and Archbishop of Rouen. Lewes was Lord Prince Conde, who when he died, left fower sonnes: Henry Prince of Conde, Francis Prince of Contie, Charles [Page] Cardinall of Vendosme and Charles Coun­tie of Soissons. Iohn, who after the decease of Francis was entituled Lord of Anguyen, died also without Issue. There were also some daughters, of whom here we haue no­thing to say, as hauing in this argument to treate onely of the Succession of the house of Frāce which can not discend but to y^• Males of this famely. The onely controuersie there­fore and different that might through the Counsaile of the mischiuous be mooued, re­steth betweene Henry of Bourbon King of Nauarre, sonne of Anthony the eldest of that famely, and Charles Cardinall of Bourbon and Archbishop of Rouen, his vncle by the father.

THE SECOND PART OF the Cath. Apologie.

1 SVch as mislike the king of Nauarres cause, doe obiect against hym in this libell fonre princi­pall points, wherof three doe perticularly touche the qualitie of his owne person [...], the fourth concerneth the auncient controuersie betweene the Vncle and the sonne of the elder brother. But we will ende­ [...]our to shewe that in all and throughout all they haue but a weake foundation.

Concerning the first, they aleadge that the said Lorde King of Nauarre is not borne in lawfull matrimony of Anthony of Bourbon, eldest sonne of the house of Bourbon, because Ladie Iane of Albret mother to 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 [Page 23] 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 Frāce, 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 accō ­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 dispē ­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 [Page] 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.l. 9. ff. desp. l. 32. parag. si quis spon sam ff. de don. int. vir. Antistius Labeo and after him Pa­pinian & Vlpian gaue sentence against Sal­uius Ialianus: A maidē vnder twelue yeres of age brought into her husbands house, is not so much as espoused if the aff [...]ancing wēt 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,l. 66. ff. de iur. dot. 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 propo [...]itiō of donations by the husband made vnto his wife which in lawe are prohibited,l. 65. ff. de don. int. vir. maintaineth that whatsoeuer the husband gi­ueth to the pupill his pretended wife, is in Ro­maine pollicie good and of force. l. 30. ff. quand. die leg. ccd. In an other place he saith: Whatsoeuer is bequeathed to a pupill at her day of mariage, if she cōtract ma­trimonie before her perfect age, [...]. 10. ff. de cond. &. de monst. 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 [Page 24] whereby the husband is forbidden,l. 13. parag. si minor. ff. ad leg. iul. de adult. l. 4. ff. de rit. nupt. in the qualitie of a husband to accuse his wife of adulterie cōmitted 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. l. 17. & 18 ff. de bon. auth. iud. possid. 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 [Page] where consent wanteth, can. I. 30. q 2. cap. de spons. imp. it is no mariage. Such therfore as doe make alliances of their children being yet in their cradles, do no whit bind thē, vnlesse the cōioyned, 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,can. illud 20. p. 1. can. de. his 28. dist. therein following that which Pope Marcel cōcurring 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:cap. pube­res de des. impnb. for although according to Isidore Puberes doe take that name of Pube, l. fin. C. de test. milit. & 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 iudgemēt, 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 [Page 25] 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.cap. de illis cap. acces­sit cap. à nobis extrade desp. imp. 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.cap. attesta­tionis extra de desp. imp cap. fin. ex­ead. 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:c. nostrates 30. q. 5. 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, leas [...] 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 Cōstitutions, wherein they haue more­ouer proroged the tyme of mariage vnto 13. [Page] 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,leon nouel. 74. 89. & 109. nouel. 1 lex. cōm. cap. 2. Basa mon. ad Phot. can. tit. 13. ca. 2. but bee accoumpted as a simple promesse or ciuill couenant. Furthermore, to proue that the East Churches haue allowed of these constitutions, Balsamen Patriarck of Constantinople doth to the same purpose repeate some decrées of Nicholas Patriarck of Constantinople and of Simon Metropo­litan of Greece.In sanct. Pontif. iur. Grient. Also among other the Eccle­siastical aunswers of the Pat [...]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,Genes. 2. Mat. 19. 1. ad Corin. 7 ad Ephe. 5. Enlgent. Epist. p. ca. 3. Isid. lib. 2. de off. ec­cles cap. de coning. lib. 7. de Rep. because, as saith Ful [...]entius, the lawe of mariage is by the will of God ordeined f [...]r hauing of issue it is meete that it be contracted at lawfull age: [Page 26] So as by the pollicie of some Citties,l. si maior C. de leg. haered. 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 opiniō 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 Commō ­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 [Page] 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,Arist. lib. 7. de Repub. 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 Childrē of a putatiue [Page 27] mariage, c▪ ex teno­re extera qui fil. sine legit cap. fin. extra de re iud. as say the Canonistes, are legitimate, because in a doubtfull cace sentēce must passe in fauour of the marriage and of the children borne in the same, the question depēding vpō the simple meaning & conscience of him that meaneth to marrie a wife:c. tanta, ex­tra qui filij̄ sint leg. Alex. in l. i. ff. solut. matr. & in ca­quod nobis qui fil. sint legit. 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 cō ­tracters ment good faith in that coniunction, beleeuing it to be a thing lawful for him. Abbas in c de quar­ta, extra de praesc. 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, [Page] 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, notwithstāding 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 dispensatiō betroth Lady Mary of Bourgondy, Daughter to Charles the last Duke of Bourgondy whom [Page 28] 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,3. Volum. Conc. cap. excōmuni. ext. de hae­ret. about the yeere 1215. re­peated out of the auncient constitutions of Theodosius the yonger, Valentinian the 3. and Martian, all most Catholicke Princes,2 volum. Cōc. f. 136. 2. 15. 216. 530. vpon the confirmation of the general Coun­sailes of Ephesus and Chalcedon, and after­ward [Page] recited by Iustinian the first in the fifth Counsaile of Constantinople, [...]. Mani­chaeos, l. quicunque. l. fin. C. de haeret. about the the tyme whereof he thereupon declared his will, as is to bee gathered by the dates of the sayde Counsaile and the Emperours decree inserted into his last Code, and afterwarde confirmed by sundry the nouell constitutions of the sayd Prince, whereby hereticks are de­barred all right of [...]uccession.

Assuredly this obiection at the first blush beareth a great shewe: but we must therein of necessitie resolue two poyntes, the one of the lawe, the other of the deede. In the first wee are to dispute whether an heretick may be de­priued of that Realme that falleth to him by succession, as this doth to the King of Na­uarre. In the other, whether in this present action the King of Nauarre may bee termed an Hereticke, and as such a one bee depriued of his succession.

8 For the first I saye and maintaine, that those Ordenances of Emperors, and Ca­nonicall decrees, which doe depriue hereticks of successions, are written and speake onely of particuler Christians, whose goodes and successions are subiect to the politicke lawes of the Magistrates of the land: but it is other­wise in cace of Empires and Realmes, which [Page 29] may not bee wrested out of their handes that are the true Lordes of the same either for he­resie or other cause whatsoeuer,Prou. 8. because they be holden immediatly of the hand of almigh­tie God, and not of mē, as it was argued and concluded in the Counsaile of Paris, holden vnder Lewes the meeke & Lothair his sonne, Kings of France, and Emperours,Dan. 4. about the yeere 829. which was ratefied vpon the say­ing of the Wise man: Counsaile, equitie, wise­dome & knowledge are myne, by me do Kings raigne, and Counsailors publish their decrees in righteousnesse: Dan. 5 of me are Empires holden. The like is to be read in the prophesie of Daniell. The sentence is according to the decree of the watch men, and according to the worde of the holy one, to the ende the liuing may knowe that the most high hath power ouer the kingdome of men, Cap. 7 and giueth it to whomsoeuer he will, and appointeth ouer it the most abiect among men. The same Prophet soone after saith as much to Balthazar King of Babylon, in represen­ting to him the force of Nabuchodonozer the Monarke of Assiria. The Prophet Ieremie in his speech of the King of Kings teacheth vs also, I haue made the earth, and man and beast vppon the face of the earth through my force, and with my outstretched arme, & haue [Page] giuen it to whom it hath pleased me. So that [...]ubiects are not to search into their Kings, neither are borne but to obey and serue what­soeuer their Princes be, without any further enquirie of their righteousnesse.Rom. 13. Feare the King, and knowe that his election is of God, saith the Apostle. And when any of them doe commaunde or wield the Scepter royall, it commeth of the fauour, goodnesse and grace that God purposeth to extende to his people, in graunting them a good King endued with pietie, iustice and Christian Religion: the o­thers also are the scourges and roddes of his wrath and iustice, whereof the Prophet Ozee saith. In my wrath wil I giue thee a King. And Iob:Of. 13. Iob. 34. Who maketh the hypocrite to raigne for the sinnes of the people: for Gods wrath being kindled against vs, he will sende vs a King, such a one as our offences shall deserue, be­cause as it is written in the same booke of Iob: If wee haue a wicked King wee are yet worse then he. The place of Isidore is very fit to this purpose: It is (saith he) a hard mat­ter to make the Prince amend, if he be giuen to vice, in Decret, for the people stand in awe of the Magi­strate, but Kings, if they be not withholden by the onely feare of God and dred of the torments of hell, doe abandon themselues to all libertie [Page 30] and runne headlong into the bottomlesse pit of sinne. I say therefore that it is not for the peo­ple, otherwise then with humilitie and obe­dience, to controule the actions and qualities of their King, but their duetie is onely to cast vp their eyes to heauen, and to consider with themselues that by the wil of God the Scep­ter is fallen into his handes and power that beareth the Crowne, whether he bee good or bad, especially, being there to called by lawful succession, such as is in our France, wherein by the Monarchiall lawe the people haue not onely referred al their power into the Kings hand and might, but, which is more, haue also tyed their owne hands, so as they can haue no redresse so long as any male of the bloud roy­all doe remaine, according to the lawe of the Realme, being the neerest male in agnation to the deceased after the generall custome of France:l. 1. ff. de bon. poss. inf. l. fin. pa rag. tali. C. decur. fur. parag. fin. de haered. qual. Ioh. Ignae. in disp. de Reg. Franc. col [...]. 3. & 8 yea, notwithstanding he bee vnable, vncapable, and do want discretion to gouerne the Estate: in all which causes they may only appoynt him a tutor and administrator of the publicke affayres, the order wherof haue bene practized in our Fraunce vpon Charles the Simple, and Charles the sixt. For notwith­standing the Realme, especially ours, be not properly hereditary, patrimoniall or f [...]udall, [Page] yet it is successiue,Cap. grandi de supp. negl. prael. vbi per in­noced. & ca Bald. in vni de succ. feud. & in auth. hoc amplius C. defideic. and falleth to the neerest, not in qualitie of heire to the deceased, but as to the next in bloud in masculin ligne: so that consequētly what euer he be, he is called: and whatsoeuer default be in his person, either of age, iudgement, or what els soeuer, yet may the Estates and Peeres of the Crowne do no more but appoint a tutor to gouerne him, and by counsaile to supply whatsoeuer his imper­fections, because he was elected in heauen so soone as he came into the world: All such also as shal resist him who by succession is lawfull King, shall encurre the wrath and displeasure of almightie God, because we are not to stād in argument, or murmure against the deuine wisedome, who for the afflicting of his chosen people and the house of Siō, did many times suffer them to be gouerned by yong, wicked, franticke, and vnfaithfull Kings, yea, meere Tyrants: such as in Iuda were Roboam, Io­ram, Ochozias, Amasias, Achas, Ozias, and others who were either Idolaters, or misbe­leeuers in the true God of Abraham. Like­wise in Israell, Nadab, Baaza, Achab with his wife Iezabell, Manasses, and the most part of the rest of their Kings, who raigned with more Idolatrie and tyrannie against the fauoured of God, then in mans opinion was [Page 31] requisite. With the like scourges also God hath visited his Church since y^• time of grace, wherin it pleased him to send his deare sonne into the world with his most precious bloud to redeeme vs from our sinnes, permitting to sit therein not onely many vnfaithful Empe­rours and Kings, conspired enemies to our faith, and heretickes, but also particuler Pa­stors ordeyned for the feeding of the soules of Christians, euill liuers, and of pernicious ex­ample. Constantine sonne to great Constan­tine, Valens brother to Valentinian the first, and Zeno sonne in lawe to Leo the first Em­perours, were Arriens. Anastase and Iusti­nian the first of that name, were infected with the error of Eutiches. Heraclius was a Mo­nothelite. The stories are ful of many Popes of Rome, heretickes, adulterers, Magicians, Scismatickes, and men confect in a filthie quagmire of vice, who all neuerthelesse did peaceably by Gods will sit in Moses chaire, to the ende to punish and afflict his flock as he hath thought good by such Tirants,cap. quod autem de iure patro­nat. c. Adi­bertūq. 17 whom with his owne hand he chose to be the execu­tioners of his iustice, and against whom the people neither ought nor might conspire: for (saith Panormitan) sith they are not free, but subiect, they haue no power to transferre the iu­risdiction [Page] or conferre the title, Bald. in cap imperialem de prohib. feudor. alie. coll. x. did. in cap. cete­de iudic. Abbas cōc. 3. in 2. part. neither is he ac­coumpted to haue giuen, that hath no right to giue. In an other place the same Canon Doc­tor writeth, that the vassall cannot consent in the person of any other then his Lorde, no not by prorogation of power, to that purpose allead­ging many other skilfull persons opinions. Howbeit all good Catholickes doe to their great griefe knowe that most of the Ecclesi­asticall persons and Clergie of Fraunce doe seeme to bee parties in the Conspiracie that long since haue bene deuised against the state of this Crowne: which neuerthelesse I can hardly beleeue, notwithstanding I heare our ordinary Preachers openly in the chaire of trueth and humilitie, preach warre, bloud, weapons, rebellion, and contempt of y^e King, and the Princes of his bloud, a matter dete­stable and abhominable before God.

9 My Maisters, ye Bishops, Priestes and Doctors, what weene ye to doe? Is this the commaundemēt of God? Is this the doctrine that ye are bounde to plant in the Christian Church? Is this the light that you shewe to the flocke which God hath committed vnto you? Is this y^• peace that you ought to teach, and for the which the Church poureth foorth her daylie supplications? What correction [Page 24] may the people look for at your hāds, whiles your selues are the authors of euill? Wil you doe or say as Lucifer, I wil ascend into heauen and become like vnto the most high God? Will you iustly haue the name to be the very ene­mies of God, who commaundeth obedience onely to the Kings and powers that he hath established, and who taketh no delight in any thing more then in peace, hating all shedding of bloud? Doth the way to cure the rage of poore mortall creatures consist in vnclothing them of all humanitie? in thrusting into their fist the sword wherewith to make away them selues? by the authorising of their furie with your decrees? nay, which is more, by stirring them thereto through your Sermons? May wee not reproach vnto you that which Iere­mie prophesied in his tyme? The Prophetes haue prophesied lyes, the Priests haue approued thē, and the people haue embraced them? Must we needes say of you as Ezechiel writeth of your like? I will stretch foorth my arme ouer their Prophetes that see lyes, and those that tell fables, or do not serue for discipline to my people whom they haue seduced: saying, The peace of God bee with you and yet it is not peace that they seeke? My Maisters, this is not the fruit of the spirituall doctrine that you haue in cu­stodie: [Page] beware it be not sayd of you, that an e­uill tree cannot bring foorth good fruite: you preach warre, rebellion, disobediēce: you con­tribute to Conspirators against your King and the Princes of his bloud: you deliuer the Townes to them and doe put your flockes into their hands: you seeke out straungers to rule ouer you, and doe set them against your King: where will you become? Is this the Catholicke and Apostolick doctrine that you doe sowe? Knowe you not that Iesus Christ is the foundation of the Church, so that who­soeuer will lay any other shall destroye him­selfe and whatsoeuer he dare vndertake? Is not the doctrine of Iesus Christ peace, humi­litie, obedience, and clemēcie? Is it not writ­ten of you, Bee yee wise as Serpents and sim­ple as Doues? Are not you termed the sault of the earth, which beeing shed abroade, where may wee gather it againe? I wote what you will say: There be, say you, a number of here­tickes which must bee rooted out with the sword, because their life is repugnāt to Gods honor. No, no, my Maisters, you are yet de­ceiued: for you must first shewe how they bee heretickes, and for such cause then to be law­fully condemned, which as yet you haue not done: because in [...]rueth your pretended Coū ­saile [Page 25] of Trent whereby you haue condemned them was not lawful, as the King of France confessed euen while it was assembled, and therefore did not onely forbid the Bishops of his Realme your predecessors to go thereto, but also by his Embassadour did protest that he could not accept it for a lawfull and gene­rall Counsaile, but onely for a particuler as­sembly gathered together for the profite and authoritie of the Pope and King of Spayne, vnto whom they went about to giue the pre­sedence aboue the most Christian Maiestie: furthermore declaring that he ment not that he or his subiects should any way be bound to the decrees thereof: but that contrariwise he was determined, if neede were, to employ all remedies necessarie which his predecessors had in like cace vsed to procure the disanul­ling of the same. Besides I saye vnto you that weapōs are not the meanes to cure this mischiefe. Know you not that the doctrine of Religion, either the error thereof is a disease of the Soule and minde? seeke therefore for your partes the spirituall Medicines where­with to heale the same, as admonitions, pray­er, fasting, & amendment of your liues which are the true and onely Weapons of Gods Church. But what? are you not content with [Page] the extreeme diligence and care of our most Christian and Catholike Kings for the rev­nion of their people into one only Apostolick Romish Religion? what haue wee gotten by so many fyers, so much blood, such battailes, and destructions within this Realme for the same? Those that nowe would rule you, are they not the same persons that led the armies and practized y^• occasions of the passed wars? haue they not sufficiently proued, that neither ster nor sword are meete remedies for this e­uill? & that in one day of such troubles Gods Church is more hurt and offended through the disorder of one lewde Souldier, then in a whole yeere of pacient tolleration, whereby God may be deuoutly serued, the King hono­red, the Clergie assured, the Lawe feared, the gentry cherished and the people eased? to bee briefe, euery one by little and litle reduced in­to the waye of good life? which to bee briefe are the effectes and glorie of the militant Church, and of the good Shepherdes of the the same. Wee haue burned them quick, they haue quenched the fiers with their blood: wee haue drowned them, they haue Spawned in the concauities of the water: we haue murde­red them al in their sleepes, within few daies they haue reuiued againe: We haue fought [Page 34] with them and beaten them, but haue not cast them downe: To be brief, if we consider how we haue behaued our selues toward them, we shall surely find that we haue left no more to doe, but either to destroy our selues and pe­rish all togither, whereby the one shall not scorne the other, either els to let them liue a­mong vs one with an other in peace and li­bertie of conscience, and neuer be so desirous to driue them into heauen with the edge of the Sword. But will you haue me tell you the trueth? your pompe, your pride, your ambi­tion and the ignorance of yours is cause of al this mischiefe. Notwithstanding you see the the Church on a flame, who is there among you (I will except some small number) that endeuoureth to amend his life, and to distri­bute y^• Church goods in such sort as he ought? See wee not still the Kinges Courtes, the Townes and Country full of superfluitie of our Bishops, and other Clergie men? such a number of Abbots called Commendato­ries, who are of no professed order of Reli­gion, but doe neuerthelesse deuour the reue­nues that belong to the poore? so many bene­ficed persons with diuers Bishoprickes, Ab­bayes, Priories and Cures: some in title, o­thers in commendam, of the which they ne­uer [Page] see so much as one, vnlesse it were to the ende to farme the same foorth? You may see their Churches fall in decay, and the Priestes whō themselues haue annoynted begge their foode, the rest of the poore dye for hunger at their gates. And in one word to say all, these Maisters haue no money to doe their dueties w^tall, no not so much as to procure preaching which themselues can not doe, or for perfor­ming the deuine seruice, either to instruct the youth. For euery one doth sufficiently know that the late King Charles the nineth, whom God pardon, and King Henry the third now raigning, visiting and comming to those Townes wherein the principal Vniuersities of their Realme are planted, did ordeine that the Clergie of certaine Dioceses should con­tribute some small portion toward the sala­ries of the Doctors and Regēts of the same, yet was it neuer possible for these poore peo­ple, who are the seedes of iustice and vertue, to reape any one penny. Our Maisters haue nowe money enough to helpe to maintaine warre against the King vnder an imaginary and false pretēce of defending the Catholicke Religion. You deceiue your selues if you hope to conuert others before ye make cleane your selues, no neuer looke for it: for it will [Page 35] still be obiected vnto you that you can see a mote in other mens eyes, but cannot take away the whole blocke that blindeth your selues. Why follow you not the example of Moses, who when he beheld and sawe Gods people offende the deuine Maiestie with Idolatrie, did not take the sworde to put them to death, but began to crye: O Lorde this people haue sinned, forgiue them, or els blot mee out of thy booke which thou hast written. Let vs liue well, let vs reforme our selues, and let vs not be so careful for the wealth of the world. We haue so long cryed out against those of the pretended Religion concerning this poynt, that now they can say of vs: The Doctor is to blame, who reproaueth other for the fault that himself hath. Yea they will saye worse, for still they stand vpon the defensiue, you are the assailants: They haue euermore acknow­ledged the Kings Maiestie for their soue­raigne Lord, and neuer contemned the Prin­ces of his bloud, as the King himselfe in his Edicts hath not sticked to confesse: but you endeuour to enstale Straungers against the estate and dignitie of his Maiestie, who both before he was King and since hath prodigally ventred his life and hazarded his Crowne for the glutting of your desires, and putting of [Page] your ouer rude counsailes in executiō. What reason therefore haue you now to match your selues with the meere enemies to the peace of the Church? enemies to your Common­wealth? enemies to your King and the Prin­ces of his bloud? I saye to your most Chri­stian, and Catholicke King, one that feareth God, and one who hath (peraduenture) done more then he ought for the getting by armes that contention which you do wish for. I am moued so to say, because in trueth I beleeue and experience hath taught vs that the more we stirre vp this euill, the more it encreaseth: wherefore herein the best counsaile that wise men haue left vs, were to resolue our selues that if this pretended reformed Religion bee not by the decree and establishment of Gods worde, it will without any warres perish and vanish of it self, as haue done so many former heresies: but contrariwise, if it be according to the wil of the holy Ghost, we may crye out at our pleasures, but it will fulfill his worke.

10 But my Maisters, if you be not led by malice, are you so blinde as to thinke that the authors of this conspiracie, which they terme a holy League, bee ledde by any zeale of Ca­tholicke Religion? If that were their drift, wherefore haue not they also called into the [Page 36] same such Lords Princes of the bloud, as stil continuing Catholickes, and liuing accor­ding to the Romish Church, were neuer so much as suspected to bee of the pretended re­formed Religion? We know very well that the Lord Cardinal of Bourbon (whose yeres they haue seduced, and whom vnder a vaine hope of smoke they make to weare the knife wherewith to embrue his hands in his owne bloud, hauing wrested from him the fayrest and most of his Benefices, whereof, by their suggestion hee hath depriued his owne Ne­newes) before he altogether became vnnatu­rall, & when they bounde him to this peeuish­nesse, offering vnto him their fayned League to signe, requested that his Neuewes the Lordes Cardinall of Vandosme, Prince of Conty and Earle of Soissons might bee in­cluded in y^• same, wherto these our Maisters could not intend. Whereof doe they suspect the Lord Duke of Montpēsier, and the Lord Prince of Dōbes his sonne, both being most Catholicke Princes? onely that they bee of the house of Bourbon which they seeke to roote out, and so doe make accoumpt to trans­ferre the Crowne into their owne handes, trying themselues onely vpon the sayd Lord Cardinall, a man worne and of small conti­nuance: [Page] so contenting themselues to make him the standerd whereby to establish their armes: neither would they auctorize the rest amōg their troupes, fearing least they should haue better eyes then the sayd Lorde Cardi­nall to discouer their wicked entents: besides that if it shoulde so fall out that they shoulde come to the drawing of l [...]ttes for the beane in the cake, the people would rather haue re­course to these Princes as to the braunches and sprigges of their Kings, and those who onely in their degrees and order are capable of the Crowne of France: either els least the Frēch Nobilitie should blush for shame at the preferring of the tirannous dominion of strā ­gers, before their French Princes and law­full Lordes. This is not the first day that the house of Bourbon haue bene subiect to the enuie and malice of these Espaniolized con­spirators: for it appeared more euidently whē the Duke of Vendosme father to the now raigning King of Nauarre, maried the heire of Nauarre, whom one of their predecessors was very desirous to match withall. The said Lord of Montpensier should be very blinde if he could not (by the welcome that the parri­sans gaue him lately at Orleans with Can­non shot) perceiue that it is not Catholicke [Page 27] Religion that they fight for, but the rooting out of the royall famelie. As also before whē in his absence while he was gone to accom­panie the late Monsier the Duke, brother to the King into Brabant, they procured the ta­king away of the gouernement of Brittaine frō him, which now they clayme to be theirs, some in the right of their mother and other of their wife. But I hope the King shall be able notwithstāding they endeuour to dispossesse him, to make himselfe whole, to y^e and after to heare them in their petitions, if hee finde the same reasonable. Moreouer to returne to you my Maisters of the Clergie, I will set you downe most pertinēt demonstrations of their zeale to the Catholicke Church, and will tell you that after they had fayled of their enter­prise against the Towne of Straus borowe, (by the spoyle whereof they hoped for meane sufficient to demaunde Mets, Thoul, & Ver­dun, and therewithall, together with other the Townes vpon the shore of Rhine, which easily they would haue forced, to haue prose­cuted their purpose for the rest of the Realme of Fraunce) they endeuoured to winne those of the pretended reformed Religion, vnto whom they promised not only such free exer­cize of their religiō, as y^• King now raigning [Page] had permitted them, but also, if neede were, with greater libertie and assurance, and to the same ende offered to send their male chil­dren and young Cousens for hostages into Germany, vnder the pretence of learning the Dutch tongue: perswading the French of the sayd Religion, that they should neuer liue as­sured vnder the King: that by that which was passed they might beleeue that he would en­fringe his Edicts of Pacification, vpon his first oportunitie: that neither y^• King of Na­uarre, neither the Prince of Condy had au­thoritie sufficient to defend them: to be brief, that it was their best to offer themselues into their protection, who had both the men of warre, the Clergie, and the gouernors of the Prouinces at their deuotion. To the same ef­fect they also sent the late Lorde of May, to Duke Casemire, to winne hym into this League, and also to practize the same with those of the pretended reformed Religion, of­fering to commit their forces into his hands: besides setting before him that he was discen­ded of the race of Charlemagne as well as they: that they might make the one a great Emperour, the other a great King: that the Capeti [...]s had ouer long enioyed their inhe­ritance, and that they were resolued no lōger [Page 38] to suffer it. As in deede about the time of the siege of Fere, the sayd May practized all that he perceiued discontented to signe the sayde conspiracie, vntill he was woūded at the said siege: whereof when the chief of this drift had notice, he posted from Paris vnto him to get from him the Articles of the League: as also after the decease of the sayd May, hee sent to his house to make search amōg al the papers & remēbrances of the sayd deceased. Beleeue not therefore my Maisters, that it is the loue of God that leadeth them, either piety of Ca­tholicke Religion, but say boldly that it is no other but ambition, a wicked and abhomina­ble entent to lose and alter this Estate and to get it into their handes, and so to make you bondmen to their passions, or executioners of their tyrannie. Wherefore I beseech you to call to minde the saying of Ioel. Awake (my Maisters) you that are dronken with your Wine, weepe and lament, for all your ioye and mirth is gone farre from you. Put on your mourning weedes ye Priestes that serue at the Aulter, for our land is become miserable: and our fieldes doe now weepe, sith they are become barren: our Wines withered, our Oyle diminished, and our labourers brought into necessitie. And againe: weepe ye Cler­gie [Page] that serue God, and in liew of other wea­pons say, Lorde forgiue this people and for­sake not thy enheritance. As for your liues, direct them after the example of the Apostle, who sayth:ad Thess. Wee are as young children among you, or as the nurse preserueth her little ones, e­uen so we doe merueilously loue you, and doe co­uet not onely to teach you, but to offer our liues for your preseruation. Put awaye all hatred, mallice, guile, emulation, enuie and backby­ting: feede vpon milke that we growe there­in to our saluation, for almightie God is mer­cifull. My Maisters, I pray you pardon me, I knowe I might haue spoken more gently vnto you, but to what purpose is it only with the fingers to touch the wound, or to annoynt onely the outside thereof with too easie an oyntment, when you see it is tyme to crush it throughly: to expell all corruption that mar­reth the whole body? What had I bene the better to haue ministred a tent of lint, when it wanted a sharpe corosiue. Take therefore in good parte this that I say vnto you, for it is the doctrine y^• I haue learned in the Schoole of the Catholicke Apostolicke and Romish Church: the greatest Doctors whereof with­out humaine passions will graunt that al the Sermons and Preachings wherewith you [Page 39] stirre vp the people to take armes and shed bloud, are no other then the deuilles Trōpets and Drommes: as also surely if you seeke a­ny other weapons then clemencie and Chri­stian pietie doe teach, and that with Tertul­lian you say not you had rather be killed thē kil, I do foreshew vnto you the wrath of God vpon you, and that vndoubtedly the prophesie of Malachie will bee verefied in you in these wordes: My wrath is kindled against the Shepeheards, whom I will visite among the flockes.

11 Much lesse are we also to care for the complaint that some of the vnwisest of your men doe lay vpon the King for exacting some of your tenths, and vsing sometimes, as the necessitie of his Estate requireth, the tempo­ralties of his Churches, wherein they are much to blame, and do ouergreatly abuse the libertie that the conniuence of Princes haue tollerated in your predecessors, in respect of their pietie and endeuours in the distribution of their meanes, possessions and almoses gi­uen to the poore vnto whō the Church goods doe appertaine, and not to you. Besides that I will by the way tell you that the wealth of the Church is the onely poyson thereof, for that the greatnesse thereof consisteth not in [Page] temporall goodes and worldly pompe, as the deuill hath perswaded most of our Clergie, but in the holy and commendable life of our Pastors, and in that heauenly foode that they giue to their flockes ouer y^• which they watch night & day:Homil 84. in Matth. And as Chrisostome doth well shewe you: the welth of the Church bringeth you into suspition among both rich, poore, Theeues, and Slaunderers, that seeke your spoyle, besides that you are therby filled with cares, lyings in waight, braules, strifes, ha­tered, feare, couetousnesse and perpetuall sor­rowe, such as the miserie of our worlde can teach vs, wherein it is true that the most part of the Clergie haue no other minde, neither doe moue warre for any other cause, but one­ly for feare of losing so great rents and re­uenues, which wrongfully they deuour out of the goodes of the poore. Whereby wee may perceiue that in such men we haue no more left but the shadow, remembrance, and be wai­ling of the Christian Church springing and florishing in pietie, for whose sake the Apo­stles would neuer possesse any thing: and be­fore Gods people nourished the Leuites, wi­dowes and Orphans.Deut. i 2. & 1 4. For, when the Church thought it good to haue & reteine any thing for the reliefe of the poore, and of the Pastors [Page 40] thereof, it committed the distribution and or­dering thereof to such among them as by the Church were thereto elected, because the peo­ple, but especially the Princes were either sworne enemies to the faith and persecutors of the Spouse of Iesus Christ, either at the least, weake, of small zeale, or but meanly grounded therein: wherevpon the treasure and common Storehouse was vsually com­mitted to the custody of the Bishop, as vnto hym that was accompted most glorious in pietie and duetie in the holy distribution that he made,Sosom. lib. 8. cap. 12. Socr. lib. 7. cap 25. whereof he reserued onely sufficient for the necessitie of his owne liuing. Like as Socrates writeth that Chrisantus daily re­serued onely two Loues for his owne suste­nance. Of this common store committed to the handes of the Bishop, is it come to passe that when hee began to serue him selfe, and badly to employ to his priuat commoditie, like a thiefe, that thing which to hym in the qualitie of a steward onely subiect to render accompt, was committed, he found him selfe farre richer, more mightie, and better at ease then the rest of the Clergie, and therevpon by the sligtes of the Deuill, who had thrust into his hands so much wealth to corrupt the ho­lines, example and eminencie of the Church [Page] of the sonne of GOD through the euill hous­bandry of the heads thereof, began to bragge aboue all other: But so soone as Princes be­gan to taste of, and auctorize Catholick Reli­gion, they sought also to become Stewards and housbanders of Church goods, as ma­king a part of their common wealthes, be­cause as O [...]tatus Mileuitanus did verie wisely say.lib. 3. ad Parm [...]nian. It is certaine that the common wealth is not in the Church, but contrariwise the Church is in the common wealth vnder the aucthritie whereof she displaieth the Sunne Beames of her fayre face. Herevpon doe wee reade that the Emperour Constantine the great, was the kéeper and disposer of the trea­sure and goods of the Church, after the exam­ple of the auncient kings of Iuda, of whome among other it is found of Ioas, the he, by the counsaile Ioiadas the Priest,4. Reg. 12. 2. Pa [...]al. 24 fearing lest the Priestes should bestow that money, which the people had contributed towarde the reparati­ons of the Temple, amisse, commaunded it to be put in a Cofer, and distributed in the pre­sence of one of his men. And in deede at the beginning the Church was vnder the autho­ritie of Christian Princes not only in respect of the temporall goods thereof, but also as concerning the institution of the charge, Iu­risdiction, [Page 40] gouernment and correction of the maners of the Cleargie, by the sayd reason of the aforenamed Bishop of Africke: whereof I will seeke no better Testimony then that which saint Augustine writeth,Epist. 68. who teacheth vs that the notice of Ecclesiasticall causes was cōmitted to the Emperour Constantin: saint Hierom also aleadgeth very good rea­sons in his Commentary vppon Hieremy,2. Reg. 23. d. 5. Deuter. 17. Bald. in prooem. de eret. Ar­chid. eu c. lectis 63. dist. Panor. in c. veniēs extra de accusat. whose opinion is confirmed by Gratian in his Decrees. For in troth kings by this care and diligence doe testifie their zeale and pie­tie to Religion. In consideration whereof Gregory reporteth that the first Emperours and Christian Kinges did giue and conferre the Churches: in which power the Cannon Doctors, Bald. Archid. Panorm. and some others are forced to graunt that by reason of their Crowne they are grounded vpon com­mon Lawe. And before them Saint Am­brose in his Discourse De tradendis Basilicis did maintaine the same. Neuerthelesse such asdoe reade Histories are not ignorant what Tragedies the Popes within these sixe hun­dreth yeres haue for this article raised against the Emperours of Germany, whome in the end they haue driuen to giue ouer the game, so as there remaineth but little of that for­mer [Page] aucehoritie Royall in Christendome, sa­uing in the Maiestie of the Flowerdeluce, which God bee praysed hath hitherto kept it selfe hole and a Virgin, and so wil stil keepe it selfe, if the good and naturall Frenchmen would put to their helping hand as by y^• oath of Nature that they owe to the Dignitie of this Crowne they are bound. For they must vnderstand that it is one of y^e greatest points wherevpon the Pope is so importunate to pu­blish his pretended Counsaile of Trent in Fraunce, through the assistance of the Spa­niard, by the ministerie of his Proctors, the vnthankfull Nourse children of this Realme, for the abasing and deminishing of the digni­tie of our Crowne, which euermore thankes be to God hath had soueraigne power, insti­tution, iurisdiction, and police ouer the Cler­gie, and the Officers and Magistrates vnder the Kings aucthoritie in his Parliaments & greate Counsaile, euen since the planting thereof, haue power and aucthoritie by ap­peale of abuse fallen before them by his Ma­iesties Subiecs to breake, disanulle and cut of whatsoeuer shall bee found to haue bene made, pronounced, decreed, adiudged, establi­shed and ordeined by the Pope, the Bishops, or other Delegates of the Ecclesiasticall de- [Page 42] audience against the holy Decrees, Lawes, Edicts, and Ordenaunces of his sayd Maie­stie, or arestes of y^• sayd soueraigne Courts, because in trueth the Prince is the guardian, reuenger and reformer of Ecclesiasticall dis­cipline, as the auncient Bishops and Popes more honest, and not so ambicious as the most parte of ours,c principes seculi c. ad ministrato [...]res 23. 45. haue often openly confessed. Yea, it so appeareth in the Epistle of Pope Iohn the eleuenth, which beginneth Inter claras, C. de Tri. written to the Emperour Iustinian, at such tyme as no doubt the Church was vnder the dominion of the Em­perour,c. vides c. quid autam c. fin 10. distinct. as all men may perceiue by the first booke of Iustiniās Code & by his nouell con­stitutions. 3. 5. 6. 16. 37. 56. 57. 58. 59. 67. 83. 117. 123. 133. 146. Also since by the e­dict of Tiberius the seconde, Basil, Leo the Philosopher, Alexis, and sundry other Empe­rours of the East. In our France the Pope and Clergie cannot deny the ordinary colla­tions euermore made by our Kings, as teste­fieth Gregorie of Tours, Aimonius, with the rest of the auncient Historographers of our Natiō, neither the goodly orders & reforma­tiōs of y^e Church,Aimo. lib. 3. cap. 55. l. 4. cap. 83. Vinc [...]nt. made by Clouis in the Sy­node that he called at Orleans, by Dagobert, if we wil beleeue Floart, by Childebert, Pe­pin, [Page] Charlemaigne,Paul. Diac. & les au­tres. Vincent li. 22. Ange s. in capit Ca­rol. Màg. Clot. & Lud. pij c. Sanctorum 63. distinct. c. volumus xi. q 1 Platin. i n vita greg. 4. Lewes y^e Meeke, & Lo­thaire, as witnesseth their goodly Chapters: also by Phillip giuen of God, Saint Lewes in his Pragmaticall sanction of the yeere a thousand, two hundred, sixtie eight, Phillip the Faire in his Edict in the yere a thousand, three hundred and thirtie, Charles the sea­uenth, in the yeere 1453. Charles the nineth in the Estates of Orleans, and Henry the 3. now raigning. Which also was most learnedly declared to Lewes the eleuenth by two Presidents of Inquestes of the Court of Parliament, in a treaty that vnto him they exhibited in the name of all the cōpany. Yea, wee doe perticulerly finde that the generall Estates of France assembled in the Towne of Tours in y^• yere 1483. did desire Charles the eight to reforme the Clergie, as beeing of his charge & authoritie, because the Pope had no Iurisdiction ouer the Bishoppes of Fraunce, as by an Edict generall it was pu­blished in the Parliament vnder Charles the seuenth in the yeere 1407. and is to bee seene in the Registers of the sayd Court. Yea, that Court hath so farre proceeded, as sometimes to decree that the Popes Buls and rescripts giuen out against the libertie of the French Church and Maiestie of our King, should be [Page 43] cancelled, broken and torne: Neither was it lawfull for his holinesse to send any Legate into France, except with his Maiesties good will, and without preiudice to the rightes of his Crowne: as by an Arest of Parliament it was declared in the yeere 1484. After by the same Court haue oftentimes the power of the said Legates sent with the Kings con­sent bene restrained from al authoritie to en­teprize against the rightes of the Crowne of France:In Epist de. Trad. Bas [...] ­lic. which limitations and liberties the Popes neuer controuled. Sith therefore it is the King that giueth you the Bishoprickes, Abbayes, and Ecclesiasticall functions: that your maners, orders and correction depēdeth vpon the royall Maiestie and rightes of his Crowne, why wil you not suffer me with S. Ambrose, to auowe that he may sell, dispose, and employe the temporalties of the Church vpon the necessities of his Estate, without procuring the lisence of the Pope of Roome, alwaies prouided that his Maiestie leaue suf­ficient for the sustenance of the Priestes and others that haue charge of the deuiue Ser­uice? For you also doe know that whatsoeuer you take more then for the necessitie of your life onely, is theft, or meere robberie, and so termed by the holy decrees founded vpon the [Page] expresse commaundement of the Apostle,1. ad Tim. cap. fin. that you should be content with your food and su­stenāce: and by the Canons you are straight­ly forbidden not to giue any portion to either kinsman,c. Episco. 1. q. 2. c. Episcopus 12. q. 1. allie, or friend whosoeuer. And in deede so soone as the Church perceiued that your Predecessors did abuze that too much confidence which the first Christian Empe­rours had reposed in their pietie touching the distribution of Church goodes, which by litle and litle through the conniuence of very zea­lous Princes, who did too much assure them selues of the honestie of Bishops, they had re­couered, she did againe take it from them. Al­so in the fourth Counsaile of Charthage they were forbidden to meddle therewith. [...]p. 25. In the generall Counsaile of Chalcedon holden vn­der the Emperour Martian, were Stewards established to such purposes, who were nei­ther Priestes, neither Cleargie men. In the seuenth generall Counsaile holdē vnder Iu­stinian the first,e. eum sci­mus 9. q. 3. mouell. 6. 7. & 133. the same were renewed, and it was decreed that the Archbishops onely should be called to their election, whereof Iu­stinian maketh mention. Saint Iohn Chri­sostome cryeth out and greatly complaineth, that in his tyme the Bishops and Cleargie would needes be the distributers, stewardes, [Page 44] and husbanders of Church goodes:1. ad Cor. 16. and ther­fore saith this good father in his 86. Homely vpon Mathew: They endeuour as much to rule the Temporall as the Spirituall. The Apostles would not distribute that money which they had common among them. Our great Law­giuer & King Charlemaigne,lib. 1. c. 80. & 83. doth expressely forbid them to conuert any to their perticu­ler profite, or otherwise to employe it then v­pon the necessitie of the poore. It is well e­nough knowne in what order and to what vse the Church hath decreed the dispensation of the Reuenues thereof.Greg. in Regest. li. 12. cap. p. Sainct Gregorie re­porteth that oftentymes they were wont to deuide it into fower partes, whereof one to the Bishop and his small famelie: an other to the poore Priests and officers of the Church: the third to the rest of the poore: and the last was appointed to the reparatiō of the Chur­ches. But our Bishops and Abbots doe well enough keepe themselues from proceeding in any such maner, for amōg themselues they retaine the assotiation of the Lyon, whereof our lawes doe make mention and easily per­mit the poore Priests and others to part with as much as they list, so that themselues be not admitted in the exaction thereof: but contra­riwise if any Prince for his necessitie would [Page] employ any part of their superfluous aboun­dance, they straight spread rumours among the people that the deuill hath carried away one: that an other hath bene sene in hell: that an others body haue not bene to bee found in his Tombe: with a number of such fables, wherewith our Christian Histories for these seuen or eight hundred yeeres are poysoned, in liewe of quietly obeying the will of their Kings and soueraigne Lordes, in whose Cō ­monwealths and vnder whose discipline they are bound to liue simply and poorely, casting downe their high lookes in all Christian hu­militie and obedience, taking their parts and portions of the reuenues and Church goods, and of that Aulter which they serue at the handes of their Kings, yea and onely so much as may suffice for their sustenāce, and in liew of yeelding parte to the necessities of their Princes, to complaine, murmure, and arme themselues against them, because they would employe it to such vses as their affayres doe require. I beseech you therfore my Masters, ye Bishops and Prelats of Fraunce, whome many good men doe accuse of countenancing the wicked deliberations of Spaniards, Ita­lians, and Lorraines, that seeke to seaze vpon the Crowne against the King and the Prin­ces [Page 45] of his bloud, remēber the exāple of Mag­nulph Bishop of Tholauze, repeated by Gre­gorie of Tours, when one Godoald, terming himselfe sonne of Clotaire the first,li. 4. ca. 27. and vp­holden by Disier, and some others the pertur­bers of the peace of the Realme, such as our pretended Mascontents, required pertition with Gontran, and Childebert, the children of the sayd Clotaire. For the historie impor­teth that the sayd Disier and most of his par­takers, were letted by the exhortation of this good Bishop, who vsed this oratiō to the peo­ple. Wee knowe Gontran and his neuewe to bee the children of our Kings, but for Godoald we wot not what he is nor from whence: Prepare ye therfore ye Frenchmen, and if Disier would force you to doe this iniurie to your Kings, de­fend your selues, & let him perish as Sigulphus, that he may bee an example to all other, to the ende no straunger doe presume to violate and taint the Maiestie of the Realme of France.

12 To all the premisses, & to the discourse of the duetie and respect that subiects owe in our cace to their Kings and Princes, the di­sturbers of the peace & lawes of this Realme doe aunswer perticulerly against the King of Nauarre, y^• he shal neuer be King of France, before he bee after the auncient maner obser­ued [Page] (as they weene) euer since Clouis the first Christian King, consecrated, annoynted, and crowned: and that nature onely cannot make him King, without the ordinary Cere­monies obserued at the comming in of a new Prince. And so cōsequently they dare inferre that, notwithstanding al our former discourse be true, yet can it not bee applyed to the sayd Lord King of Nauarre, to whom the French men cannot be boūd without his annointing and coronation,1. propone­batu. ff. de Iudic. which the Catholickes will neuer permit, vnlesse he abiure the pretended reformed Religion. Also that in cace they shoulde withstande him,c. ven rabi lēde clect. c. quoniam Abbas de off de leg c. si gratio­sè de res­cript. in 6. Rusae. in tract. de iur. reg. Guil. de Montser­rat. in c. act. de succ. reg. Franc. Bald. in l. generaliter parag. in his. C. de le cund. nupt. yet should they not thereby withstand their King, but a pretender to the Realm. But in trueth herein lyeth the difficultie of the matter, wherwith they seeke to deceiue the ignoraunt. For this they must know, that in Realmes successiue, as is ours, the King liueth perpetually, and leaueth the Realme to his neerest by vertue of the law suc­cessiue; By reason whereof he is true and per­fect Lord before he bee crowned: neither doth his coronation serue but for a declaratiō and publication of the honor of the marke of his calling, which was obteyned to him before, both by nature and by the lawe of succession, which needeth no further declaration of the [Page 46] successor, cap. 1 de fe [...]d. cog. vbi gl. B [...]ld. in l. cum anti­puto. i [...]us C. de iur. del. Barb. in rub C. qui admit. ad hon. poss. pos­fint. in that it is not simply hereditarie to the deceased, but custumary and legitimate at the very instant of the former Kings decease, which seazeth not the natural successor of the Lordship and royall power onely, but also of the possession and effectuall enioying of the same. Wherevpon all our Interpretors doe maintaine that in feudall causes and matters the successor is in a maner seazed in his prede­cessors life tyme, Guil. 2 rol­hius in stil. parlam. in tic de feud. parag. item de conSue­tudine. vnder whom he is halfe posses­sioner without any further inuestiture: especi­ally in our France, where it is obserued with­out contradiction. For that concerning the Realme, the coronation ensuing is but the ha­bite and royall ensigne, and therefore al good men will graunt that the King is annoynted and crowned because he is King: but contra­riwise that he is not king because he is crow­ned: for so theeues and Tyrants beeing the stronger might become lawfull Kings, and with ouer much facilitie alter the cause of their possession through that ceremonie. So was the Emperour of the Romaines lawfull, af­ter he had beene elected and saluted, in testi­monie and for a proofe of which election only he set a Crowne vpon his head, a Scepter of Iuorie in his hand, and beeing apparelled in a Purple robe, did alwaies walke forth with [Page] fower and twentie Huissiers,Plutach. in Amax. euery one bea­ring a Torch and an Axe. It was was more­ouer a custome to carie fire before the Empe­rour, after the auncient maner of the Kings of Persia, who went to Pasargades, that the Priestes, might there consecrate them in a Temple dedicated to one of the Goddesses of warres, where the Prince putting of his own Robes, did put on the same that the auncient Cirus vsed to weare before he was King: he also did eate of a Cake made with Figges and Turpentine, and drancke a potion made of Vineger and Milke. The auncient Kings of Greece, in liewe of a Diadem, were wont to cary a Speare, or a Staffe, which the Gre­cians termed [...].Iustin. lib. 43. Liu App. Tacit. Valer. libr. 5. cap. 7. The Romaines sent to him to whom they gaue the royal dignitie, a Crowne of Golde, a Cuppe, and an Iuorie staffe, and afterward added the seate or chaire fashioned like a Chariot. Afterwarde, when Christianitie was planted in the hearts of the people, hauing proceeded to the election of the Emperour, and being agreed of his per­son, the maner was to cause him to sweare, yea, sometymes by his handwriting to sub­scribe, that he would stay himselfe vpon the doctrine confirmed by the Catholick Church and the oecumenical Counsailes of the same, [Page 47] and that he should not raise any trouble in the Church of God:Aimon. lib. 3. ca. 36. 49. after which protestation, the Patriarke of Constantinople in the peoples sight set a Crowne vpō his head, girt a sword about him, presented him a Scepter, and put a gold Ring vpon his finger. The tokens of the Germaine Emperours,c. venerabi­lē de elect. c. Roman. de iureiura are by the decree of Charles the Great, a Scepter, a Sword, a Speare, a Cloake, a Chaine, a Crowne, a Crosse like a Spheare, a Buckler, an Eagle with 2. heads, & a purple Ensigne: all which are deliuered to him by the Archbishoppes of Cologne, Mentz, and Treues. Like as the Archbishop of Toledo, doth the office at the coronation of the King of Spayne: the Arch­bishop of Canterbury, at the King of En­glands: the Archbishop of Mentz, at the Bo­hemians: the Archbishop of Strigon, at the Hūgarians: the Archbishop of Guesne, at the Polonians: the Archbishop of Vpsale, at the Danes: the Archbishop of Tours, at the aun­cient Kings of Armorica, which we cal Brit­taine: the Bishop of Pampelune, at the King of Nauarres, euen as in our France it is the Archbishop of Rheimes, that crowneth and annoynteth our King: although sometymes it is done in other places.Aimon lib. 3. cap. 61. As we reade of S. Lewes, who was sacred at Soissons, others [Page] at Orleance: whom before the tyme of Chri­stianitie, they vsed to proclaime by lifting thē vp, and shewing them vpon a buckler. But it hath since beene thought more expedient to minister these ceremonies in the assembly of the Church, there to call God to witnesse of that faith which the subiects vowed to their Prince, and of that duetie wherein the King bound himselfe to his Estate: to the ende also that afterward the people might knowe, that from a priuat and perticuler man that he was wont to be, he was now promoted to the Em­pire, to the end to commaund. Thus did Ata­tolius first deale with the Emperor Leo the first in the yere of Iesus Christ 461. and Eu­phemius with the Emperour Anastaze in the yeere 494. of whom hee exacted a perticuler promesse in writing, because both before and at the tyme that he was proclaimed Empe­rour, he had bene and still was an Eutichean hereticke, whose errors had bene condemned by the decrees of the Counsaile of Chalcedō, holden in the presence of the Emperor Mar­tian in the yeere of Iesus Christ 455. Of la­ter daies immediatly vpon the decease of Iu­stinian the first, they added that the Patriark of Constantinople, should after the example and imitation of the Kings of Iuda, conse­crate, [Page 48] annoynt, and crowne the Emperours with a Crowne of Golde in the assembly of the Church, which was first obserued in the Emperour Iustin the second, and afterward by Pope Leo the 3. translated into the West to the behalfe of Charles the Great, before whom, or not long before we doe not finde in any Historie that the Kings of France were euer annointed or consecrated, but onely sim­ply crowned, as Gregorie of Tours maketh mention in his historie: whereby it appeareth that none of our Kings of the first famely did euer obserue this ceremonie.Greg Tu­ron. lib. 2. The first then that vsed it was Pepin, father to Charle­maigne, whome Boniface Archbishoppe of Mentz, did consecrate, annoint and crowne by the commaundement of Pope Zachary of Rome: & that in my opinion, because he was the first of his race, who of a priuate and per­ticuler person, was established King against the Merouingiens. After his decease, Pope Stephen the second did the like to Charles sonne to the sayd Pepin, when he was King of France, whom also Pope Adrian againe consecrated, annoynted and crowned, when he was declared King of the Lombards: and finally Pope Leo the third did the like to him with the Imperiall Diadem. And this cere­monie [Page] haue euer since bene obserued by our Kings of France, not that thereby they bee Kings, but to the ende it may seeme as a te­stimonie that they are Christians and Ca­tholickes, and of priuate persons are become Kings to commaund the people. So that in consideration hereof, the first French Empe­rours, Lewes the Meeke, Lothaire, Lewes the second, and the rest, who being by natural succession Kings, were promoted to the Em­pire, did not vse to take the title of Emperor, at the day of their consecration or coronation, but at such time as their father or former pre­decessor thought good to nominate them for their successors, from which they began to number the yeeres of their Empire, nothing respecting the ceremonie or solēnitie of their Coronation: as appeareth by many the aun­cient Charters and documents of their daies. Yea, the Histories doe note, that Charles the Fat, yongest sonne to Lewes the Meek, was the first that in his yeeres made mention of the day of his Coronation, and tooke not vpō him the title of Augustus, vntill the 8. Ca­lendes of Ianuary ensuing, in the yere 866. on which day Pope Iohn the 8. anointed and crowned him: which in subteltie he thought good to note, as one that obteyned not the [Page 49] Empire by succession: for Lewes the second, his neuewe, last deceased, had not named nor instituted hym his heire: much lesse had any chosen him: but the histories doe affirme that hee for a great summe of money bought the Imperial dignitie of the Pope, because there were other more fitter for it then he, that layd clayme thereto, as his elder brother Lewes and his children Kings of Germany: so that Charles, fearing least (as reason and iustice required) they should be preferred before him, thought good to aduance himselfe, and to get the Pope to consecrate him. To conclude therfore, it is most certaine that this ceremo­nie doth make nothing to the right of the Kings lawful succession: neither is any more then a simple token of honor in his behalfe, whom nature and vsuall order hath caused to be borne or suffered to bee elected to rule and gouerne the Estate: so that to weene to per­swade that he that is borne to be your lawful King by the Lawes of the Realme, hath no authoritie ouer you before he be consecrated, annointed and crowned, is a meere fallation.

13 It followeth, sith I haue proued vnto you, that in this cace the sayde King of Na­uarre (whom the deepe dissemblers dare not openly in their Libelles denye to be the nea­rest [Page] of the bloud) should be your natural, true, and lawfull King, let vs agree together that it were meere wrong for you to withstand or resist him. I say further, that in this Realme there is neither lawe nor order that debarreth him from lawfull raigne and the Crowne, notwithstāding he would remaine in his now professed Religion. But contrariwise, that such as are of and doe professe the same, are declared meete and capable of all kindes of succession, by infinite the Edicts, Decrees, and declarations of our Kings, published, en­rouled, and dayly put in execution by the Ar­restes of the soueraigne Courtes, and other Magistrates, who vnder his Maiesties au­thoritie doe minister Iustice in this Estate, & whose common crye tendeth to obliuion and perpetuall forgetting of the passed miseries and troubles. As also in trueth it is more then a Catholicke passion to compare the Hugue­not with a Iewe or Turke. For besides that our Kings doe auctorize and permit the one, and not the other, in trueth and without affec­tion, (for my selfe am a Catholick, and in the same faith doe wish to dye) we all doe agree in our faith, so as there remaineth no more but to decide for the most part of controuer­sie, the institution of outwarde ceremonies, [Page 50] which either the tyme or the necessitie of the peoples instruction haue procured to bee brought into y^e Church, & be not conteined or authorized in the holy Scripture. Sith ther­fore wee doe agree, that in the first times the Christians did liue and serue GOD without them, we can not now lesse doe then heare the reasons of those that craue abolition before we condemne or pronounce them Heretikes, least the condemnation goe before the proofe, and so they haue greater cause to complaine, (as already they doe) that wee haue iudged them vnheard, and haue ended their Proces vpon defaultes and contumacie. Wherefore the [...] protest they are ready to pourge them­selues, if we would graunt them free accesse into the assembly of the church, and not stand vpon the pointes of not receiuing them, groū ­ded vpon the long time that wee haue bene in possession of the obseruing of these traditiōs, from hand to hand receiued by the cōsent and common agreement of the Church, because if we had no other argument, wee should not be able to deny, but that our fathers whē they brought them in were men, and therefore sub­iect to humaine frailtie, as in many other things experience may teach vs. I will con­tent my selfe with one onely example to our [Page] purpose.Auent. in Annal. Bo­iorum. Virgill Bishop of Saltzbourg in a Sermon about the yeere of our Lorde 755. saying that there were Antipodes in y^e world, was for the same by Boniface Archbishop of Ments, accused of Heresie, because by indu­cing the Antipodes, it seemed he would also bring in an other Christ. This matter was debated before Vtilo King of Bauiere, who at the commaundement of Zachary, denoun­ced the sayd Virgilius to bee one of the most abhominable Heretikes that euer was: So great was the obstinacie of the knowledge conceaued in this age of the Antipodes or Arteques, and yet since it hath bene vere­fied for trueth: This neuerthelesse I doe not alledge, to the ende to reproue the insti­tution of the ceremonies of the Church, with which I doe dayly serue GOD, especially knowing, that in alteration of Lawes aud Or­ders, necessity must be very apparent in the cor­rection of matters long before allowed, but one­ly to admonish all men, that in as much as they are men, it is no meruaile though some will be inquisitiue whether the authors of the same were led by the will of God, or whether therein they enterprised any thing repugnant thereto, especially, sith the question concer­neth the maintenance of the peace, liues, and [Page 51] soules of so many millions of parsons, who either might, or are already lost vpon this quarell. And this I will say more, that sith the fault hath proceeded of our Prelates, who haue fallen a sleepe, and haue not mainteined the fare that they ought for the nourishment of their Flockes, who being ignorant in the most part of the principles of their religion, haue gone out of their ranck, and doe perticu­lerly require the reasons thereof: it is most necessary gently to giue them a taste of the same, without sword or fire, vntil the condem­ned bee at large heard in their defences and lawfully conuict.

14 Moreouer I dare aduowe, that in Realmes and Empires natural Succession, receiued by the estates, is of such force, that the best and most Catholicke Parsons neuer enterprized against y^• progresse of the same, as occasions haue bene ministred, no not for Heresie, although it were condemned, and with all solemnitie accursed by the Church of GOD: Notwithstanding vndoubtedly by o­ther dealing, they might haue hoped for bet­ter, and that they were in maner assured of manifold afflictions at hand? Had not certein Bishops Arriens infected Constantius, whē he succeeded his father, although he were ve­ry [Page] yong? What was the cause that Zeno be­ing an heritick, was neuerthelesse made Em­perour after his father in lawe Leo, but that the Empire was atteyned for his wife Ari­adNe, and little Leo sonne to the said Zeno, whom his Grandfather had instituted to bée his heire? in consideration whereof the Chri­stians were content to beare that affliction. Constantine the third and the fifth, whē they were called to the Empire were heretickes, but yet in asmuch as they were lawfull suc­cessors to the last deceased, the Church would not meddle with them. When Anastaze the first was chosen, no other cause moued y^e Pa­triarke of Constantinople and the people to force a promise from him that afterward hee should be a Catholicke, or at the least that he should not make any alteration or stirre vp any broyle in the Church of God, but onely because he was then an Eutichian, who was condemned by the Counsaile of Chalcedon: and the same is the onely caution that you may exact or require of your King, in cace he were other then a Catholicke, sith the Chri­stian Church neuer desired greater assurance of the aforenamed then their faith and royall promise. I might bee tedious if I should re­hearse vnto you an infinite number of other [Page 52] examples, whereby euery one may manifestly perceiue that the holy Primitiue Church ne­uer accoumpted it so smal a matter to violate the lawes of the Estate, or to habandon that obligation that wee owe to such a Prince as is either lawfull successor to the deceased, or els solemnly elected. Who is he that wil not thinke the Bishoppes of those former tymes that I speake of to haue bene farre more zea­lous in their charge and better liuers thē the most parte of ours? in respect whereof they might euen with their credite only haue soo­ner perswaded the people that thei gouerned, for Religion and godlinesse sake, to haue ex­pelled, deposed, and banished those hereticall Emperours, aswel as to haue admitted them into that succession that by the politick order of the Empire was vnto them due, either to obey, or yeeld them al fidelitie: was it want of power, all the world being Christian, euen in the Prime of the Church about one hundred yeeres after that the Temples of the Greeke Idols had bene shut vp, whereby not so much as the memorie of them remained among the subiects of this great Monarchie? I will by the way rehearse vnto you a Decree of the Church made for y^e posteritie of Kings, least you shuld thinck me either to be led by affec­tion, [Page] or to haue told you fables. Heare ther­fore the wordes of the Fathers assembled in a Counsaile. Like as the Insolencie of wicked Kings haue euermore bene odious and abomi­nable to the subiects, so haue the people alwaies liked wel of the prouident foresight of the good: who therefore could suffer or beholde a Chri­stian offending in that poinct, or that were desi­rous to expell the posteritie or ligne Royall from such rights and dignities as thereto doe apper­teyne? Such dealing doe we therefore expressely forbid, & in fauour of the posteritie of the most excellent Prince Chintillus, we doe renew and cōfirme the decree that was made the last yere at the Synode houlden in this Church concer­ning the loue and good will that euery one is bound to beare to the Kings ligne, and to the defence and preseruation which all subiectes of the Estate doe owe thereto, to the ende the suc­cessors be not maliciously defrauded of the me­rites of their predecessors in the augmentation of their Crowne, or their great liberalitie to­ward their subiects. Also that none doe enter­prize to hurt them, because it is meete that by the authoritie of a Counsaile we do graūt peace to the succession and posteritie of those by whose meanes and vnder whose protection wee haue aforetyme bene preserued. Admit therfore that [Page 53] the Church made this Decree in respect of that obligation that she deemed the subiectes ought to the posteritie of their Kings, either for the loue and reuerence of those that had well gouerned their Commonwealths: euen as GOD, who is the author and holder vp of Monarchies, would neuer take the Scepter wholy from Iuda, for his seruaunt Dauids sake: yet if our selues would but call to mind so many good Kings of this race, especially the father of the house of Bourbon, the Lorde S. Lewes, whō for his good life the Church hath canonized, and whose memorie ought to be vnto vs holy & honorable, we should shewe our selues most wicked, periurde, vnthankful and disloyall persons, if wee should seeke or but make any countenaunce to thinke vpon innouating any thing against this posteritie.

15 Good men are not ignorant of the pre­tences that these great bucklers of the faith doe take hold of: which are, first that the King of Nauarre being King, would polute, sub­uert & abolish Catholick Religiō in France, and force his subiects to become huguenots. But to say the trueth, this vizard is lesse then nothing: for his former behauiours will pre­sently force vs to confesse the cōtrary: because our selues haue seene with what importuna­cie [Page] he hath besought our Kinges, as beeing their subiect, and perswaded them to suffer him and his partakers to liue vnder their o­bedience in all libertie of conscience. Where­fore then should we thinke, that when he were soueraign he would practize against his peo­ple any enterprize repugnant to that lawe, which himselfe, being in their race, sought to enioye vnder the Kings, his Lords? Shal we presume that such a Christiā & wise Prince, instructed in the feare of God, would become a Tyrant & torment the soules of his subiects against that Religion, which with vniforme consent haue so many hundred yeres bene re­ceiued in the Church? especially considering that himself could not abide to haue his owne brought into bondage. Moreouer, with you, ye trompets of sedition, I doe agrée that then he should be no more able then now: that such as would perswade him that the third part of the French are Huguenots, are no good A­rithmeticians: also that for our preseruation in that estate wherein we now liue, we neede no more but to set against him our walles. I would therefore aske you what cause you should haue to feare that he would endeuour to force you to liue in any other Religion thē the same wherein he find you and your selues [Page 54] doe desire, when in so doing he may happen to haue but euill successe, and therewithall lose the loue of the whole worlde? were not this as much as (according to the Prouerbe) to goe about to shaue an Egge.

16 As also the obiection that they make, namely that in the lands of Bearne and low Nauarre where he is soueraigne, the Catho­lick Apostolick Romish Religion is not per­mitted, is in trueth full of subteltie, slaunder and enuie: for hereunto he doth pertinently (in my opinion) aunswere, that in respect of the land of Bearne, it was not he that forbad it, neither are his aduersaries able to proue a­ny inhibition thereof in his name, or frō him, but contrariwise he assureth himselfe that it will appeare that immediatly or soone after the decease of the late Queene of Nauarre his mother, his Maiestie by the Lord of Grāmont, dispatched his Letters into the country of Bearne, importing that his will was to re­store and therein to set vp againe the exercize of the sayd Religion: Vpon which comman­dement the States being assembled, they de­nyed to put the same in executiō, fearing such troubles and seditions as might ensue, the people beeing haughtie, mutinous, and diffi­cult enough to bee contented, together with [Page] such small store of Catholickes in the sayde Countrey to prosecute the execution thereof if need should require. What would you then haue him to doe more? He did not the harme, but wēt about to cure it, there was none that desired to take his medicine. What more can the Phisition doe to his Patient but prepare him the potion which may bee to his health, and for want of the which if he lose himself, is he not rather to blame his owne obstinacie, then him that could not make him take his appointmēt. For since that time, the Estates beeing diuers tymes assembled in the sayde Countrey, did nener require his Maiestie to restore the sayd Catholick Romish Religion, which alwaies hee offered to doe, and still so long as he liue, wil, if they doe require it. As for lowe Nauarre, the exercize of Catholicke Religion is there most free: yea, which is more, throughout that Countrey there is no assembly of the pretended reformed Religiō, but onely in two places, as is most euidently knowne, neither hath his Maiestie innouated any thing at his cōming throughout the sayd lands of Bearne or Nauarre. But what, is it meete for these feares and friuolous doubtes of a matter that neuer can come to passe, to destroye this poore Realme with immortall [Page 55] warres? and so make vs miserable before the tyme? crye out before we be touched? and to hasten and aduaunce the sorowes of our pre­tended mischiefes? will you begin to crucifie and tye vs to a Caucasus for our whole life tyme? or will you force vs here to begin our hell? Is not the King (thankes bee to God) yong enough, in good health, and of sufficient dispositiō to see the raking both of the King of Nauarre, and of the rest of the Princes of his age? why thē should we mistrust the grace of God?

17 As for the Protestation that the sayde Lord King of Nauarre made the yere 1584. in a Synode by the Ministers of his Religiō holden in the Towne of Montauban, wherby he protested and declared that he would liue and dye therein, and defend the same: I wot not well why wee are so slye as for that cause to blame him, or bee more vehement against him then before, as in deede a number of per­sons too much ouerruled with vnreasonable passions, haue misliked it, and haue thervpon gathered some sinister iudgement of the af­fection of the sayd Lord King of Nauarre to the Catholickes, whome most hartely I be­seech with me to consider. First, that his pro­testation imported not the rooting of vs out, [Page] neither together with vs the Religion of the Romish Church, as the League doth him and his partakers: so that his protestation is sim­ply defensiue, and could not therefore be more gentle, for the which wee are rather to com­mend then to reproue him, sith our selues are bound daily to make the like profession in the Catholicke Apostolicke Romish Church: al­so that euery faithfull Christian is likewise bound by the Sacrament of Baptisme to make the like declaration: especially Kings and Princes, who ought to be mirors & spec­takles to their subiects: yea, the confession of their faith should serue for a publick example in the assemblies made for the Estate of the Church, such as are y^e Counsailes, Sinodes, and other like, wherein it hath euermore bene noted, that Emperours, Kings and Princes thereat assistant, did make profession of their faithes, with protestation to defend the same. Hereof wee haue for testimonie Constantine the Great, in the Counsaile of Nice: Theo­dose the Yonger, in the Counsaile of Ephe­sus: Martian, in the Counsaile of Calcedon: Iustinian the first, in the Counsaile of Con­stantinople: Charlemaigne, in the Counsaile of Francfort, with infinite other Christian and Catholicke Princes. Sith therefore the [Page 56] King of Nauarre hath bene brought vp in that Religion which he holdeth, and that the King by his Edicts permitteth the free exer­cize thereof throughout his Realme, why should wee mislike that hee assisting at an as­sembly thereof, protesteth to liue and dye in the defence of the same? especially seing that it is no let, but that when by a lawfull Coun­saile, either generall or nationall, (which the King and his Counsaile shall thincke most sufficient for that purpose) we shall haue per­swaded him not to bee caried awaye without reason, hee may immediatly returne and pro­test that hee hath bene misled, and that hee weareth not the sworde but for the defence of the Romish Church, as now hee voweth the vpholding of his owne. Moreouer, I would that such as are offended at the sayd Protesta­tion, should know that the occasion that mo­ued the sayd Lorde King of Nauarre to bee present at the sayd assembly at Montauban, was not small, neither of small importance to the reputation of him and his Estate: for it is not vnknowne to all that his enemies had raised a speech aswell among al forraine Na­tions, and throughout Europe, as also perti­culerly in this Realme, that the sayde Lorde King of Nauarre, had put from about his per­son [Page] the Ministers of his Religion: that hee went to Masse: to be briefe, that to the ende by the death of the late Mounsier the Duke, to insinuate himselfe further in his Maiesties fauour, and to bee neerer vnto him he had de­termined to al [...]er his Religion. Which was a subtile? [...]llicie both to bring him into suspi­tion with his owne partakers, and into con­tempt among the Catholickes: so as by that meanes both parts might haue forsaken and despised him, and so he might become a pray to their fayned League, as a man light, vn­constant, and of small stedfastnesse, which is one of the chiefest things that euery Christiā Prince ought to abhorre, especially in causes of Religiō, which we may not lightly chāge, neither without great notice of the cause, and the discourse thereof publickly argued in the Church of God, but especially in our awne consciences. Wherefore good men neither ought, ne cā mislike that the sayd Lord King of Nauarre doth protest to liue and dye in his Religion, permitted vnder the Kings autho­ritie by his Maiesties Edicts, published euen by y^e decree of the States of the Realm: nei­ther are wee to terme him an hereticke or ob­stinate person, vntill wee haue lawfully by a free vniuersall or nationall Counsaile, (whe­ther [Page 57] shall seeme most expedient) condemned that opinion which he holdeth. Will ye like­wise that I shewe you what mistrust the Ca­tholickes may conceiue of his goodnesse and singuler clemencie? Then would I pray the most passionate to consider and looke vpon his famelie: They shall finde the same to con­sist for the most part of Catholicke Officers. But of what sorte? Euen such as are neerest about his person, who haue him in their hāds vpon their honors and consciences, to whom he committeth himselfe, and vpon whom of himself he doth depend, as vpon his keepers, Maisters of his Guardrobe, Stewardes, and many others, who before his face with his li­king and contentation being in his trayne, do ordinarely go to the Masse, & assist at the de­uine Seruice ministred after the maner of the Catholick Romish Church. To be brief, euen with this qualitie he acknowledgeth thē for his good, faithfull and loyall seruants. This could they not assure themselues of, nei­ther yet serue him with good hearts, beeing such men of honor as they are, if in his be­hauiours they could perceiue any mistrust (which is the nource of hatred and mallice) against the professors of their Religion, or if they could finde (which were easie to doe) that [Page] he did euill entreate or forbid them to serue God after their maner, and so sought to bee the tormentor of their consciences. To con­clude, al these cōsiderations alledged against the King of Nauarre, which are neither true neither of any outwarde apparence, cannot in y^e cōsciences of good men, & truely Frēch, debarre him from beeing sufficient and capa­ble of the Crowne of France: yea further, I say that the same notwithstanding, he is your true and lawfull King, to whome onely you are bound to obeye in cace during his life, the sayde occasion of substitution should fall out, which God forbid, and which also neither he ne wee ought or should desire, if either wee were Christians, either els did beare any iot of hartie good will or affection to our King.

18 To proceede, let vs see whether a king houlding the Scepter, or raigning ouer any estate, especially ouer ours, may appoint and nominate any other successor then him whom nature and the Lawe of the Realme haue gi­uen him. This question I do not moue with­out cause, for in trueth the perturbers of the peace of this Crowne, and such as iniustly do pretend to set thereinto a foote, haue made a League which they entitle Holy. but al good med doe truely name Bloody with the Pope. [Page 58] the Spanierd and the Sauoyan, the conspi­red enemies to France and the Royall blood thereof, through whose helpe they hope to lea­uy an Army, wherwith to come into the hart of the Realme, onely, say they, simply to som­mon the most Christian King to name a suc­cessor at their deuotions. Oh what an execra­ble mischiefe! to seeke to force vs to enfringe the successiue lawe of this Realme, whereof we haue so many worldes enioyed the blessed good hap? What impudency those that haue not almost whereof to liue in their owne hou­ses, to goe about to preuent and ouerthrowe the order and Estate of so great an Empire? This is a wonderfull bouldnesse, to ende­uour to compell so mightie a Monarcke as the French King, and their owne lorde being yong, healthy, and such a one as it if please God, hee may graunt him the blessing of the posteritie of Abraham, to choose him a man to be his Heir. But the French men doe assure them selues, that they haue a King that is of better bringing vp then so, one that is vale­ant, feareth God, and is ielous of his honour, yea such a-one as would not for the getting of the whole worlde make such a breache in his conscience, reputation, vertue, and memory that our, Children should haue cause atro car­bone [Page] illum notare, saying that he had so farre hated himselfe and his owne blood, as to haue corrupted the Lawes, whereby after his pre­decessors he doth raigne euen since the origi­nall of the Monarchie, and to haue transfer­red the Crowne out of his owne famely, for the satisfying of the rashnesse of those, who finding them selues in Armes, might hasten his time, to the end, to cause him the sooner to leaue them his roume. For what dareth not Ambition and desire to Raigne vndertake? Moreouer, I doe most humbly beseech his Maiestie to pardon me, though I boldly shew him, that it is a thing that hee may not doe: Also that the Lawe of the Realme, whereby him selfe is King, forbiddeth hym to meddle therewith, because the same taken order ther­in, vnto whom it is commendable in the Maie­stie of a Monarke to acknowledge him selfe bounden. And thus was it iudged, declared, and put in execution by the Parliament of the Peeres of France for Charles the sea­uenth against the treaty which king Charles the sixt in the yere 1420. made in y^e towne of Troye in Champagne at the Mariage of his daughter Lady Katherin vnto King Henrie the fifth of Englande, which imported the graunt and minde of the sayd King Charles [Page 59] the sixt, to be that the sayd King of England or his issue male comming of the sayd mari­age, shonld be called to y^e Crowne of France, & the said Charles the seueuth be thereof de­barred and disinherited for euer.Bald. in l. ex hoc iur [...] fl. de Iust. & Iur. This is not now, say our Maisters, the first time that it hath bene and perpetually shall be obserued by y^e Salick law of this florishing Crowne, which the King that houldeth the Scepter cannot alter, because he is but a tutor, protec­tor, collector and administrator thereof, salua eius substantia: itaque nec donare, nec perdere poterit, neither otherwise dispose of the proxi­mitie of his bloud then the law of the Realm will beare, neither yet transferre it into any other hand then that whereto it apperteineth, although hee can haue no cause to loue the same:Deuter. 21. A man hauing two wiues, the one loued, the other hated, & that thei haue both brought him sonnes, aswel the loued as the hated, & the sonne of the hated bee the first borne, when the tyme commeth that he will deuide his inheri­tance, he shall not make the sonne of the beloued his eldest to the preiudice of the sonne of the hated who is the first borne: but hee shall ac­knowledge the sonne of the hated for his eldest, and he shall giue him two partes of whatsoeuer he hath, for the same was the beginning of his [Page] strength, vnto whom the right of promogeni­ture belongeth, saith the text: so that the nerest of the bloud is creditor: yea he is moreouer I say factus dominus by the decease of his pre­decessor,Ioh. And. in cap. licet de vor. Pa­nor. conc. 3 Bal. in par. illud de proh. feud. alien. Iason in l. nemo ff. de leg. 1. Bened. in cap. Raim. vers. in eo­dem testa­mento x. de testam. by the decease of his pre­decessor, & holdeth nothing of him: but what­soeuer hee hath hee holdeth by the vertue and authoritie of the lawe of France. Thus doe Ih. Andrew, Balde, Panorme, Iason, Wil. Benedict, and all other Writers expressely speake of our Realme, so as who so would take any other course and maiore vi corrupt nature, it would be a blemish to his consciēce and soule, and thereof he should aunswere be­fore God: besides that whatsoeuer hee should take in hand, should be voyde and of no effect, but subiect to restitution by publicke iustice, to the preiudice of his reputation. All men doe knowe what small loue was betweene Charles the eight and Lewes Duke of Or­leance, when hee was called to the Crowne and bare the name of Lewes the 12. also the stoute minde of Charles to haue put his will in executiō against the other, if he could haue found any argument or pretence to put him backe: which notwithstanding matters were then ordered according to the rule of the law of France. Now the King sheweth sufficient demonstration by that good will and care [Page 60] whereby he hath honored y^e King of Nauarre so farre as to accompt him for his Brother in lawe, that he both loueth and cherisheth him, and also will take him into his protection: so farre is this good Prince from going about to blemish his memorie with such a deede, as the perturbers of the Peace af this Realme doe perswade themselues.

19 Sith therefore the people and subiects to this Crowne may not put to their handes, neither dispence vppon whatsoeuer occasion with the oath that they owe to their naturall Princes: moreouer that the King can take no other order then the foundation and lawe of the Realme will beare: let vs see whether it apperteyneth to the Pope of Roome, as head of the Church, to meddle therein. I knowe that the Pope worshippers beeing more pas­sionate then the true Catholicks, do so thinck and beleeue. Augustin of Ancona a Doctor of Sorbonne, hath not forgotten it in his booke that he sent to Pope Iohn the 22. wherein he excepteth not so much as y^e Realm of Frāce: as also doe not Iames of Terrano Cham­berlaine to Vrban the sixt, in his treatize of the Papall Monarchie, wherin they do main­taine that vnto him belongeth all power both Spirituall and Temporall, as being head of [Page] the Church,cap. signi­ficasti ex­tra de elect. euen aboue the generall Coun­sailes, which saith Pope Pascall are not to commaund him: And in the explication of the decretall of the sayd Pascal, the Canon Doc­tors doe vphold that it lyeth in the Popes po­wer to reuoke y^e decree of a Counsaile, ouer the which he hath all authoritie, according to the conclusion of all the adherents to the holy Sea of Rome, which opinion was neuerthe­lesse, as hereticall, condemned in the general Counsailes of Constance and Basil, in the presence of Iohn the 23. and Eugenius the 4 then Popes:3. Volum. Conc. sess. 4. & 4. Vo­lum Cōc. sess. 12. according to which Counsailes the auncient Bishoppes of Rome did protest to denounce vnto the Church whatsoeuer them selues could not remedie. And as for Temporall iurisdiction ouer al Emperours, Kings,c. praeci­puè xi. q. 3. and Monarcks of the earth, they haue made lesse difficultie, yea, they haue dared to saye, that the Emperour, who is Lord of the world, both did and ought to yeeld his oath of fidelitte vnto them.c. omnes de maior. & obed. And faine would they make vs beleeue that they tooke this princi­ple of Sainct Clement the third Bishop of Rome, who protesteth, say they, that he lear­ned it of Sainct Peter.can. alius [...]5. q. 6. They also perswade them selues that Pope Zachary deposed the King of France, the last of the Merouingian [Page 61] race, although in trueeh it was but his aduice or counsaile giuen to the Nobilitie of y^e land,Quaest. 2. cap. 8. as W. Occham very wel saith in his treatize of the power of the Church. About a hundred and fiftie yeeres after, Boniface the seauenth endeuoured by Sacriledge and other bad he­hauiours, publickly to vsurpe this Tyrannie: which Pope Gregorie the seuenth otherwise named Hildebrand, durst openly maintaine, and withall put it in practise against the Em­perour Henry the fourth, to whom he oppo­sed Rodolph Duke of Sweue, groūding his proposition, not vpon y^e fable of Constantines donation, neither vpon the liberalities of Pe­pin, Carlemaign, or Lewes the Méek Kings of France, but vpon God himself and Sainct Peeter: saying, that of them he had receiued the two swords, the Spirituall and the Tem­porall. In an other place vsing these wordes, Pasce oues meas, for the deposing of the Em­perour. He said also that he bare Claues regni Coelorum, elem. vnic. de Iurejus. to vsurpe authoritie and enterprize against all the Kings in the world: by which his great cunning, hee became King of most part of Italie, notwithstanding the Empe­rour Henry gaue him 62. Battailes:Abbas Vs. pergen. in Henr. 4. Benno de vit. Pontif. therein excéeding the great Marcellus that was ter­med the sword of the Romaines, and the inuin­cible [Page] Cesar: of whom the one fought two and thirtie pitcht fieldes, the other two and fiftie. The like did Pascall the second, and Calixt the second against Henry the fifth, Sonne to the aforenamed, vpon the same reasons: as did also Adrian the fourth and Alexander the third, who set his feete vpon the necke of the Emperour Frederick Barberousse: Neither was Innocent the third more modest in the behalf of Philip sonne to the said Frederick, against whom hee stirred vp Ottho, sonne to the Duke of Saxony, who after was Empe­rour by the name of Ottho the fourth, after that with most arrogant, proud, and comman­datory speeches, grounded vpon these words: Tues Petrus, c. Venra. bilem ext. de elect. & super hanc petram aedificabo Ecclesiam meam, adding thereto the saying of almightie God to Ieremy, Ecce constituit [...] super gentes, & regna: so comparing himselfe to the Sunne,Ierem. 1. and the Emperors and Kings to the Moone, he had pronounced sentence of excommunicatiō and depriuation of his Em­pire against him.In cap. so­litae ext. de maior. & obed. So great also was the mal­lice of the sayd Innocent, against the Empe­rour Phillip, that to spite him, he disanulled the election of Luipoldus to y^t Archbishoprik of Mentz: wherein sayth the Abbot of Vs­pergue, he did most vniustly. Gregorie the 9. [Page 64] as saith Sabellicus,c. bonae memoriae extaa de e­lect. and the sayde Abbot, de­priued Fredericke the second of his Landes and Realmes for friuolous causes and of no importāce:Aenead. 9. lib. 9. whose sentence neuerthelesse was confirmed and againe published by Innocent the fourth, successor to the sayd Gregorie, and after by Boniface the eight,c. ad Apo­stolicae de re iud. in 9. inserted into his sixt booke of Decretals: in which place he v­seth these wordes of the Scripture, Quod­cún (que) ligaueris &c. as an authoritie wherein to ground the execution of his will. Bald al­so and Iohn Andrew, very Catholicke Glo­zers, doe confesse that in deede he seemed ra­ther a partie then a Iudge. Ni [...]holas the 3. who followed soone after, seeking to take the whole gouernement of the Towne from all but the Pope, forbad y^t neither King, Duke, Earle, or Marquize, should be established, or accept the authoritie of Senator, or Gouer­nour therein: declaring that the Iurisdiction thereof belonged priuatly to the holy Sea, before all other: not in respect of Constan­tines donation, but through these wordes, In omnem terram exiuit sonus eorum: c. Funda­menta de elect. in 6. and such o­ther which hee interpreteth as hee thincketh good. Which in effect are the very reasons whereupon Boniface the eight excommuni­cated King Phillip the Faire of France, and [Page] gaue his Realme for a praye to the first that could seaze vpon it,extrauagā ­ti vnam san­ctam de ma­ior & obed. as we reade in his consti­tution in deede extrauagant: in the which he exempteth neither Emperour nor King from his subiection, euen in Temporall causes, as he saith.c. pastora­lisdereiud. in 6 in l. li­berti C. de oper. liber. Also by vertue of that great power, Clement the fifth disanulled the sentence gi­uen by the Emperour Henry the seauenth of Luxēbourg, against Robert King of Sicille: after hee had procured the proysoning of the same Emperour by a Muncke, in ministring to him the Eucharist. Which Balde confes­seth to haue bene a presumpteous and wrong­full deede. Finally, by those Tragedies that Iohn the 22. Benedict the 12. and Clement the 6. stirred vp throughout Christiandome a­gainst the Emperour Lewes of Bauiere: as also in our daies Alexander the sixt, and Iu­lius the second, did no lesse, neither had any other ground. We may see the causes where­by the Popes do pretend authoritie to depose Kings, subuert Realmes, and giue them in pray to whomsoeuer they thinke good. True it is, that such of them as haue most dissem­bled, haue euer exēpted the Realm of Frāce. Innocent the third, writing to the Prelates and French Nobilitie for Iohn without land King of England,c. no [...]t ex [...]ra de iudi. declareth that he will en­terprize [Page 63] nothing against the Maiestie of the French King. But Hostiensis, who knewe the Storie, doth in this place write, that the Protestation was contrary to the effect, be­cause the sayd Innocent went about to hin­der King Phillip Auguste from vsing his feudall right ouer the Dutches of Norman­die, Guyenne, and other the Lands holden by the English, and fallē into the lapse through the murder committed vpon Arthur his elder brothers sonne. In an other decretal Epistle the same Pope confesseth,c. per vene rabilcm ex tra qui fil. sint legit. that the French King in Temporall causes and gouernment of his Realme acknowledgeth no superiour. Clement the fifth in his extrauagant, for ap­peasing King Phillip the Faire, who was stirred vp by the insolencie of Boniface the eight, disanulled, & reuoked his declarations against the Realme of France,extrauagā ­timeruit de priuil. and aduowed the same not to be subiect to his Sea by ver­tue of the sayd constitution. The same Pope also protested that the power which his Offi­cers vsed against the said Kings subiects, du­ring his being in the Realm, was by the per­mission of the sayd Lord King: as appeareth by the protestation the same time enrouled in the Court of Parliamēt: for in trueth it hath euer more bene resolued, and is a cace most [Page] certaine that the King of France doth vpon earth acknowledge no superiour in whatsoe­uer cōcerneth the pollicie & gouernement of his Crowne, neither was euer subiect to the Romain Empire, from the which he wrested the Gaules with the point of the sworde. And although the French Kings were sometimes Emperours them selues, yet did they neuer submit this Crowne to the Diadem Impe­riall: whereupon the Kings Atorney general would not suffer the Emperour Charles the fourth, beeing in the Parliament, there to make a Knight, without king Charles the 5. his expresse permission: As also the Emperor Charles the fifth passing through Fraunce, obteyned the good will of King Frances the first, to pardon sundry offenders, because no other then his Maiestie hath power or autho­ritie ouer the temporall causes of his Realm. among which is vndoubtedly the punishing of transgressions, yea, euen of heresie, of the which wee now speake, the notice and Iuris­diction whereof haue euer more bene left, and with good reason belongeth to the seculer Magistrate: because we ought to consider the lawe of God, first in this world, whereto the politicke and temporall Magistrate, preser­uer of the societie of men, and earthly policie, [Page 62] for the auoyding of confusion and trouble, forceth euery one to obeye. Secondly, in the worlde to come, wherein God onely iudgeth and punisheth, not leauing in this worlde, in respect of himselfe, any Magistrate to be the auenger of the iniurie to him done in y^• trans­gression of his ordinances.Lu. 5. & 22 For the Priestes who are the guardians and Schoolemasters of Gods lawe, are not cōstituted Iudges, but easie Phisitions to the soule: and Gods com­maundements are no such Sanctions as im­porte punishment, but most louing doctrine and admonitious: otherwise if by the sworde we should be forced to the obseruing of Gods lawe, the desert were small. Vppon which poynt the Apostle sayd:2. ad Cor. cap. 1. Not that wee rulee o­uer your faith, but are helpers to your ioye. And in an other place:2. ad Tim. cap. 3. All Scripture is inspired frō aboue, and is profitable to teach, to conuince, to correct, and to instruct to righteousnesse. in Dialog. de dignit. sacerd. Hee saith not to force, or to punish. Chrisostome ve­ry carefully deuideth the royall power from the ministerie of the Gospell, saying that the ministerie is a function committed by God, to the ende to teach without weapons, also that it is no power to giue or take awaye Realmes, neither to make lawes for politick gouernment. Our French Bishop S. Hila­rie [Page] writeth as much to the Emperour Con­stantius: also against Auxentius Bishop of Millan. And this the good Fathers learned at the mouth of the Sonne of God our Lord Iesus Christ,Matth. 20. Luc 22. when he sayd to his Apostles, The Kings of the nations haue dominion ouer them, Math. 19. but it shall not be so with you. Matth. 10. Luc 12 In an o­ther place hee promiseth them that they shall sit with the Sonne of God, whē he shal come in Maiestie to iudge mankinde: but that con­trariwise so long as they remaine in y^e world exercizing their Ministerie, they shall bee brought before Kings and politicke Magi­strates for his sake:Ioan. 6. so farre shall they be from being Kings and Iudges themselues.Ioan. 18. The head of the Church, euen Iesus Christ, fled when they sought to make him King, decla­ring y^• his Kingdome was not of this worlde, wherfore he would not be iudge among those that were at controuersie: yea, he submitted himself to the Kings of the earth,Luc. 12. paying vn­to them the tribute which was vnto thē due, together with that which was assessed vponMatth. 17. the heads of euery of his Apostles, euermore referring the reward of his grace,Ioan. 18. & reuenge of trespasses against him committed, vnto the kingdome of heauen: enioining his Apostles to doe the like, and to imitate his example, as [Page 65] they haue done.2. ad Tim. & 1. ad Cor cap. 6. The Apostle Sainct Paule sayd: Let no man that fighteth in the Lordes warfare trouble himselfe with the matters of this life: Againe, The minister of the Lorde ought to be louing to all men, meet to teach, pa­ciently bearing with the wicked, with modestie reprouing such as withstād the trueth. Briefly in one word to say all: there be two kinds of Iurisdictions: the one earthly cōmitted into the hands of Kings and Princes, to whome euery one of whatsoeuer degree or calling, Spirituall or Temporall,Rom. 12. Priestes, Bishops or high Priestes ought to obey, as it is writ­ten, Let euery soule bee subiect to the superiour powers, vpon which place Chrisostome sayth the Apostle vsed this word euery, to shew that there is no creature that may be exempt, whether he be saith he, Apostle, Prophete, Euan­gelist, Priest, Monk, or other whosoeuer. We also finde, that in the Primetiue Church, be­fore pride & Ambition tooke roote in the Bis­shops hartes, that the Popes of Rome neuer made any question thereof. Wee haue also a­moug vs a request exhibited by Boniface the first to Honorius Emperour of the West, wherein hee beseecheth him to decree, that af­terwarde the Bishops and Popes of Rome might not bee chosen by fauour, or any other [Page] vnlawfull meane,c. Ecclesiae c. victo. 97. dist. c. si duo 79. distinct. whereto the same most Ca­tholike Prince maketh an aunswere worthie such a request. In the time of Odoacer, King of the Herules, who began to raigne at Rome in the yeere 471. and ruled full 14. yeres, after hee had put to death Orestes and his Sonne Augustulus the last Emperour of the West vntill Charlemagne, there were goodly decrees published and receiued in the Church by the Clergie, vntill such tyme as Theodoricke the Wisigot,c bene q [...]i de 96. dist. whome Zeno the Emperour of the Eeast sent into Italy, had ouerthrowen hym. Pelagius the first, made confession of his faith, and sware in the hands of Ruffin the Embassadour of of Childebert King of France. Pope Leo the fourth sware and protested,c. satagen­dum 25. dist. that he would and did intend to obserue the Lawes which the Emperour Lo­thair the first, sonne to Lewes the Meek, and Neuew to Charlemagne, made at Rome in the presence of Pope Eugenius the second, whereof some are inserted into the Booke of Digestes,cap. Con­stitutio feudi dr Lotharij lib. 1. fud. the inscription whereof do import that the Emperour made them ante ianuas beati petri ad limina, in atrio: which was the place where the Christian Emperours were wont to make and publish their Edicts, if we maye beleeue Cassiodore, and others. The [Page 66] said Emperour also created certaine Magi­strates in the Towne to exercize the imperi­all Iurisdiction.Casssod. lib. 9. Va­rior. Blōd. Sabell. Aegen. Platin. The same Leo doth suffi­ciently declare what respect the high Priests of Rome did in those daies beare to the Em­perours, when he sued to the same Lothaire and his sonne Lewes the second, to conferre the Church of Rheatine or Tusculum to one Colonus a Deacon,c. Rheati­na. 63. di­stinct. assuring their Maiesties of his sufficiency, and promising in the name of the sayde Colonus, that he should praye to God for them. This was the same Leo that pleaded his cause and purged himselfe of the treazon whereof hee was accused before the Emperour Lewes the seconde,c. de cap­tulis c. fin. 10. di­stinctr sonne to the sayd Lothaire, as appeareth in the decree of Gratian. The like declaration did Pope Iohn the eight make to the same Emperour Lewes the second,c. si nos incompe­tenter 2. q. 7. sonne to Lothaire. By the decretall Epistle of Honorius the third, who liued about the yeere 1216. it appeareth that as yet the remembraunce of the Emperours lawes was not vtterly abolished out of the Catholick Church,c. 1. extra de Iuram. calum. and that the Priestes and high Priestes had not as yet wholy shaken of the yoke of y^• same, no not in those that they terme Spirituall causes, as, if any question were moued of an oath in law for the decision [Page] of proces,l. 1. C. de iure. calum. in which cace he reneweth the aun­cient edict of Martian, and Iustiniā the first. To cōclude, for the stopping of the mouthes of those that doe maintaine, that the Pope, Bishops, or other of the Cleargie, may esta­blish any earthly Kingdome apart, which shal not bee subiect to the Emperours and Kings of this world, but rather such a one as may at pleasure commaunde and supplant the same, let them dilligently search throughout the whole Scripture, what authoritie the Kings and Princes of Israel, had ou [...]r the Priestes and Cleargie in Gods lawe, which since the tyme of grace is not deminished, and there shall they euidently finde their great autho­ritie ouer them, notwithstanding it was ne­uer lawfull for the Kings to execute the of­fice of the Priestes: for vndoubtedly the mini­sterie is one thing, and the orders & discipline of the Cleargie is an other,c. siqui­dem c. si­cut. xi. q. 3. and meerely tem­porall. The other head of Iurisdiction is in heauē, which we are to looke for at the iudge­ment of GOD, and yet not to perswade our selues that the lawe of Iesus Christ is lame or vnperfect, because in it it conteineth not a­ny punishment or earthly reuenge of trespas­ses against euill liuers, considering that the same beeing heauenly and spirituall, it [Page 67] will yeeld reward or punishment in the euer­lasting world: so that (as sayd Alexander Se­uerus of periury:l. i. C. de reb. cred. & iute iu [...]. Whosoeuer offendeth against God, hath God a sufficient reuenger.) our good God hath referred to himselfe all the punish­ment, to the end the sinner may haue meanes to acknowledge his offence, and repent the same in this world.Mat. 28. 1 ad Tim. 3. an Tit. cap. 1. True it is, that if y^e earth­ly Magistrate hath in his pollicie taken any order for such causes, then is it his office to re­uenge the iniurie done to his edicts and de­crees: for so,c. princi­pes. 23 q 5. c. fin. 2. q. 7. as saith Isidore, The Kingdome of God encreaseth through the meanes of earth­ly Realmes, to the ende such as be of the body of the Church, if they offende or blaspheme, may be punished by the rigor of Princes, and so that discipline whereto the Church can not binde them, may neuerthelesse bee preserued through the authoritie of Monarchies. The like wher­of haue bene vsed against heretickes by all Christian Princes, especially in our France, by an infinite number of lawes both olde and newe of our most Christian Kings.Lud 9. Feanc. 1. Henr. 2. Barol. 9. And in troth, if the Bishops or Priestes should take notice of the punishmēt of hereticks, it would breede confusion of Iurisdictions and offices: aswell might the Goldsmith be iudge of the golde that himselfe had wrought: The Phisi­tion [Page] of his owne cure: to bee briefe, euery one should pleade and decide his owne cause, con­trary to al reasonable order. The example al­so of the Apostle Sainct Paule,Act. 25. whome the Iewes accused of heresie, doth sufficiently teach vs, when by himself it appeareth that he was brought before Festus the Emperours Lieutenant, vnto whom the accused did con­fesse that y^• notice of his cause did apperteine, and therefore required assignation for his ac­cusers before the Imperiall Maiestie. The Emperour Honorius appointed the Prouost Marcellus for Iudge & Arbitrator betwene the Catholickes and Donatistes.Opt. in hist, Afr. Dulcius also was Prouost of the Empire, who at the pursuit of the Catholickes, was enioyned to make vp the processe of the said Donatistes in Affricke, as Sainct Augustin doth report: and they required to haue them condemmed by his ordenaunces,tract. 2. ad 3. cap. Ioh. as testifieth Gratian in his decree: wherein in an other place is writ­ten the opiniō of Pope Pelagius,c quando 23. q. 5. importing that it were meete that hereticks were puni­shed by the seculer power, according to which reason Sainct Austen also doth testifie that the Emperour Valentinian sent the Prouost Dalmatius vnto him to assigne him in his priuie Counsaile.Epist. 32. So as we are not to doubt [Page 68] but that the punishment of heretickes apper­teyneth to the Princes temporall Iurisdic­tion,l. nemo [...]. de Apo. stat. who by his decrees hath limited the pu­nishments which they may deserue.

20 In deede it is the duetie of the Priestes and Bishops to know,Mat. 18. 1. ad Cor. 5. and withall to declare by the holy Scriptures, together with the iudgement of the vniuersal Church, who it is that hath transgressed the will of God, and being a Christian, hath departed or disunited himselfe from the body of the Church. Those bee the true kayes of heauen which God hath put into their handes,Mpt. 16. and the two Swordes that they beare, whereby the Priest sheweth and poynteth out such as are soluti vel legati ab Ecclesia: wherein onely consisteth his po­wer to bind or lose in heauen: as S. Hierome doth very well note in his opening of y^• place of Sainct Mathewe,Distinct 18. cap. 7. which concerneth this authoritie: as also the Maister of Sentences is of the same opinion: neither is this power so small that the faithfull Christians should contemne it: For without doubt sinne procee­deth of offence, and so immediatly is brought in the bond that thereby we make to Gods e­nemie, which vnlesse we doe reuoke, we must of necessitie be driuen out of the Church, and as rotten members of the same be giuen ouer [Page] to Satan. Neuerthelesse, he who by contri­tion for his sinnes, and confession of the same will reclayme himselfe, doth immediatly re­couer three benefites repugnant to the other: which are, forgiuenesse of sinnes: the cancel­ling and discharge of the Obligation made vnto the deuill, and reconsiliation to the Ca­tholicke Church:Magist. sent lib. 4. distinct. 28. cap. 4. wherein consisteth the true penance that the Priest or Bishop doth mini­ster and enioine vs by vertue of his authoritie to binde or lose in heauen or in earth. So as it is euident that the order of Priesthood and Ecclesiastical power, hath euermore bene ne­cessary in the Church of God to keepe, teach, and maintaine our soules in the knowledge of his holy will, to the ende thereby to obteine his grace and fauour in the life to come. For notwithstanding man was created to the I­mage of God, and of his euerlasting King­dome, whereby he was perfect, and needed no other instruction or Schoolemaister, yet af­ter his fall, and the corruption of our first fa­ther, he stood in great neede to bee restored to his former knowledge, and the fauour of his Creator: for the obteyning whereof, hee was enioyned to keepe sundry precepts, and very straight lawes, vnder paine of deadly and e­uerlasting dānation, vntill the tyme of grace, [Page 69] wherein it pleased God to breake and take a­way the vayle and rigor of the auncient law, and to forgiue our offences through the pas­sion of his deare Sonne Iesus Christ, for the enioying of the fruites whereof, he hath left vs in pledge his holy Sacraments, for the ad­ministrations and discipline of the which, he hath cōmitted and sent his Apostles, Priestes and Doctors, the administrators and guar­dians of the same: In such wise that as the ende and purpose of the Architect is the per­fection and finishing of his building & house, so the onely end and office of the Cleargie, is sufficiently to teach vs those things that ap­pertayne to our faith and beliefe, reforming our actions by admonitions and gentle per­swasions, that thereby together with Gods grace, wee may atteyne to euerlasting salua­tion: neither hath God giuen them any other dominion ouer vs, but onely admonition and instruction in his knowledge, setting before vs the reward of well doing, and the reuenge of wickednesse in the vniuersall doome of the heauenly Maiestie.

21 But in asmuch as the people haue not to deale therewith, also that the Bishoppe of Roome in that qualitie which he pretendeth, hath no such power, his authoritie beeing [Page] meerely and simply Spirituall, and in no poynt concerning the Realmes of the world: what shal we then say if Emperours or other soueraigne Kings were (as they are men and subiect to corruption,) hereticks, or otherwise euill liuers? were it not a marueilous offence to see them raigne with all power, and be as scourges and persecutors of Gods Church? In this question I am to desire the French to weigh the aunswer of that wise and great personage Sainct Augustin. If Emperours, sayth he,Epist. 50. ad Bonif. be in error, and according to their er­ror do prescribe lawes against the trueth, wher­by the righteous may be tryed and crowned, he aunswereth not that they must be expelled or deposed of their Empire,c. Impera­tores xj. q. 3. but onely, wee must not doe those things that wickedly they com­maund. Iulianus xj. q. 3. Neither doth Sainct Ambrose finde fault with the obedience that the Christian Souldiers yeelded to the Emperour Iulian the Apostata: onely he warneth them to doe nothing repugnant to the honor of God. S. Peeter perswaded not the Church to depose Nero, the conspired enemie of Iesus Christ, but contrariwise admonished all Christians to honor and pray for him. The holy Legion Fulminatory made no difficultie to go to the Warres, and to venture their liues vnder the [Page 70] Emperour M. Antonius the Philosopher,l. 30. ff. de pen [...] a Prince that was but a bad Christian, and such a one as contrary to the pietie of Religion made a seuere Decree,Eusebe. lib 5. caeteri in M. An­ton. vita. Tertul ad Scapul. the markes whereof are yet to be seene in our Pandects, and Eu­sebius, Capitolinus, Dion, Xiphilinus, and others doe make mention of the same. Ter­tullian in his Apologeticall treatize, suffi­ciently setteth downe the mallice of the Em­perour Seuerus against the Church of the Christians,In Apo­log. and yet let vs mark what he wri­teth of their affection to the Prince. Wee are (saith he) discryed vnto the Emperours Maie­stie, and yet were the Christians neuer proued to bee Albinians, Nigrians, or Cassians, who were the conspirators against the Emperors, M. Antonius the Philosopher, Commodus, Pertinax, and Seuerus, each after other, but contrariwise those that lately tooke the oath & condemned the Christians, haue bene found to be the Emperours enemies: neuer a Christian was there in that faction, as knowing that the Imperiall Maiestie ordeyned of God, must bee loued, reuerenced, and honored, whose prosperi­tie, as also the welfare of the whole Romaine Empire, they are to desire, so long as the world standeth, for so long shall the same continue. We doe therfore worship the Prince, according [Page] as is lawfull and requisite, his Maiestie beeing second after God, of whom he houldeth his au­thoritie, and hath nothing greater thē the hea­uenly power. Constantius, Valens, Zeno, A­nastazius, Iustinian the first and second, He­raclius, Leo the 3. Phillip Bardanes, Con­stantin the 5. Leo the 4. and some other Em­perours, who were adiudged hereticks, were neuer deposed, notwithstanding the Catho­licke Church condemned their errors, which neuerthelesse is permitted to excommunicate Kings and Princes, Sectaries of false opi­nions, or otherwise euill liuers, in cace the same will not acknowledge their vice or trās­gression: which one onely Bishoppe or high Priest whatsoeuer may not doe without the iudgement and notice of the Church, after it hath heard the King or Prince in his exeptiōs and defences: wherein vndoubtedly ought to be strictly obserued all order of Iustice,c. praeci­puè c. si e­piscopus c. siquis. presbiter. c. si quis episcopus xi. q. 3. in re­spect aswell of the grauitie of the cause as of the qualitie of the person in question, where­vpon may depend the trouble and subuertion of Christiā policie, through such ciuil warres as might ensue, together with the bloud of the poore faithfull, which the weapons of the prouoked Prince might shed: as Sainct Au­gustin to the same purpose doth confesse, and [Page 71] discourse vpon in his Glose vpon that precept whereby wee are commaunded to obeye our Kings. Moreouer, excommunication denoū ­ced contrary to the orders of the auncient fa­thers obserued in the Church,ad Rom. 131. ad Cor. 6. and without the knowledge thereof, would proue vniust, and vtterly voyde, and thereby not the taxed but the taxer might take harme: as Gratian teacheth, expounding a place of S. Hierome vpō Leuiticus.c. siquis non rect. 24 q. 3. c. manet 24. q. 1. Pope Leo also affirmeth that the priuiledge of Peter is in force wheresoe­uer iudgemēt is giuen according to his equi­tie. Innocent the third, how zealous he was of his authoritie, confesseth that if the excom­municated pretende that vniustly hee was so denounced, hee maye complaine and exhibite the cace of his innocencie. In France by the priuiledges of the Flowerdeluce,c. per tu [...] extra de sent. ex­com. it hath of­ten by arrest of y^• Court bene adiudged, y^t the King, his officers or subiects in body or com­munaltie, cannot bee excommunicated by the Pope, or any other Bishop whosoeuer Wher­vpon Charles du Molin, a famous aduocate, and one of the greatest Lawyers of his time, testified that he had to that ende an expresse Bull of Pope Martin the 5.In. 4. part. stil. parl. extrauagā ­ti frequen­tes de iu­dic. which was no­thing repugnant to the lawe by the Popes commonly obserued: for Iohn the 22. decla­reth, [Page] that he may graunt priuiledge to some one, that hee shall not bee excommunicated: whereupon Pope Eugenius the fourth, con­curring with the Court of the holy Aposto­lick Sea, graunted to the French that no Bi­shop whatsoeuer, should entangle them in the sentēce of excōmunication. But we haue not for this occasiō to deale either with Bulls,extrauagāti diuina pri­uil. or priuiledges of y^e Church of Rome: for by the rights, authority, & dignitie of the Maiestie of our king, it is not lawfull for the Pope, or any Bishop whatsoeuer, to excommunicate either towne, or communaltie subiect to the Realm of Fraunce. By reason whereof in the yeere 1488. the Atturney generall appealed as of abuse from the excommunication that the Pope had laid vpō the Inhabitants of Gaūt, because they had dealt hardly with the Em­perour Maximilian their Earle, and Vassall to the King of Fraunce, to whome onely hee ought to haue had recourse, as vnto his Lord, for remedie: the Pope hauing no authoritie o­uer the subiects of this Crowne. To y^• same ende also Charles the fifth by an Edict vere­fied in his Parliament in the yeere 1369. ex­pressely forbad all Bishops, and Prelates, for whatsoeuer cause, to lay the sentence of excō ­municatiō vpon any Towne, Communaltie, [Page 72] Colledge, or body corporate of his Realme, the same beeing vnder the onely correction and power of himselfe, and of none other in the world: which Edict was also renewed by Lewes the 11. in the yeere 1467. whereof is growne a custome inuiolably obserued in France, as the Oracle of Apollo, of Appella­tions as of abuse in the Court of Parliament against the Pope and his Cleargie: without which remedy, the Priestes would in France erect an other and more mightie Monarchie then the Kings, for the maintenance and dig­nitie of the which al good Frenchmen ought rather to dye then suffer it to be diminished. So, that the Pope and Bishops can proceede no further, then to excommunication of per­ticuler persons, according to the order of old tyme obserued by the holy Decrees and Ca­nonicall constitutions. Thus to conclude, you see how to proceede against Kings and soueraigne Princes, Hereticks, or otherwise offensiue to the Christian Church: which ex­communicatiōs (being by order of law euer­more obserued in the florishing and Primitiue Church) denounced, wee are to dispute whe­ther by the same we bee discharged of y^t faith and oath, that by nature wee owe vnto them. Wherein are but too euidently knowne the [Page] constitutions of the Popes Gregorie the 7. Honorius the 3. Lucius the 3. Innocent the 3. and others, by the which they doe not onely declare the subiects of an hereticall or excom­municatec. iuratos c. nos sancto rum 16. q. 7. cap. ad abo­landam c. vergētis c. fin. X. de he ret c. fin. X. de pen. Prince absolued from their oath of fidelitie: but, which is more, doe vpon the like penaltie forbid the vassals to obey their Lord after he is adiudged such a one. Neuerthe­lesse, I thinke not but such decrees proceeded of a meruelous passion of the Popes of those daies against the Princes of their time: And in deede Iohn Andrew, Innocent, Archidia­conus, Panorme, & many other learned glo­zers vpon the Decretals, being of a contrary aduice, doe alledge great difficulties there­vpon, and in their hypotheses doe perticuler­ly expounde them, in cace by the sentence of excommunication it bee expressely set downe that y^• subiects shall be discharged of all right of vasselage: otherwise they doe iudge the ob­ligation not to be extinct or diminished by the excommunication of their Lord, which last in sundry considerations full of Religion and ciuill pietie seemeth to be of great apparēce and too too true. First, that we are bound to obeye our Kings, whether good or bad, be­cause they are chosen & giuē to vs by the hād of God, euen such as it please him to giue to [Page 73] rule ouer vs. Secondly, that the excommuni­cation importeth no alteration or diminutiō of the qualitie of the person, nec habetis capi­tis minutionem, as the Lawyers doe saye, to conteine or comprehend therein depriuation, or publication of goodes,l 3. ff. de Se­nat. sed motionem ab or­dine, & Christianorum coetu, as saith Mode­stin of Senator, qui Senatu motus, capite minu­tus non est, & Romae morari potest. Moreouer, excommunication is a Spirituall discipline, medicine, and admonition, and hath no parti­cipation with worldly and temporall goodes and meanes,2. ad Cor. cap 10. whether great or small, as S. Paule saith, The armors of our warres are not carnall: therfore, sith Realmes and Lordships are for the most parte patrimoniall,l. in agris. ff. de acq. rer. dom. l. fin. ff. de calum. l. obligatio mum ff. de obl. & act or at the least terestriall, whose propertie and possessiō doth no way concerne the kingdome of God, the declaratiō of the losse of the one, bringeth no consequence for the depriuation from the other. Paul the Lawier also teacheth vs, that quod alicui debetur, certis modis deberi desinit, among which is not to bee found the excom­municatiō of him to whom we acknowledge our selues bound: for otherwise the vassal and subiect should reap benefite, commoditie, and discharge, in the destruction and hinderance of his Lorde: Besides, that the excommu­nication [Page] tendeth not in worldly matters to impouerish the partie condemned, but onely to depriue and declare hym vnworthy the fel­lowship of men, or to be thought a member of the Church of GOD. He is also denounced such a one, first to be an instruction and exam­ple to all other the faithfull, when they shall consider the grauitie of the offence, and there­by waie the publick slaunder arising thereof. Secondly, to driue the condemned to call to mind, abhorre, and be contrite for his offence, seeing hym selfe deliuered into the handes of his mortall ennemy Satan, and humbly to craue reconsiliation at the catholick Church, from whence he is banished,Epist. [...]. in exilio sinitimo, said Alexander the Martir: which wee may sufficiently learne by the auncient forme of satisfaction, which the Primetiue Chnrch en­ioyned to the parson excommunicate, that is, to confesse his fault before the Priests and as­sembly of the faithfull,Luc. 7. 2. Reg. cap. 12. in whose presence hee was reproued, blamed and condemned to a­byde in a certaine place without the commu­nion aud assembly of the Church, with cer­taine outwarde workes of a penetontiary as well in habit and behauiour as especially in his dyet, in which forme he should exhibit pe­tition and supplication, both to the Priestes, [Page 74] and to the whole cōgregation,1. ad Cor. cap. 5. item 2. cap. 2. & 7. Iosu [...]. cap. 7. to be forgiuen and vnbound from his offence: whervpon the Church by the aduice of the Ministers there­of, sometimes condemned hym in greate a­mends, and so by litle and litle receiued hym againe as she thought good: For at the first he was onely admitted to heare the worde of God: after that he was receiued to the pray­ers of the Church:Itaen. ii [...]. 1 cap▪ 9. Tertul. de Euseb. lib 5. cap. 28. lib. 6. cap. 25 Sozo­men lib. 9. cap. 35. can. quudrage­ma [...]0. di­stinct. and so consequently to the Communion of the faithfull: finally by the imposition of the Priestes handes he was re­stored to his former estate, and then was it not lawfull for any to reproch vnto him what was passed. So as by this forme of excommunica­tion and penance, or satisfaction extract out of the auncient Counsailes of Ancira, and Nice, we may euidently iudge that it no way concerned the temporall goodes, as of those that the Church hath not to dispose of, nei­ther did it importe other then the exemplary correction of the excōmunicated, for the s [...]aū ­der by his offence committed against the Church, either els according to y^e holy scrip­ture, for the subduing of the flesh, whereby the soule may be saued in the day of our Lord Ie­sus. Moreouer,1. ad Cor▪ cap. 5. it seemeth that Gregorie the seauenth, Innocent the third, and other the high Priestes did so vnderstand it, whē in the [Page] excommunication of the Lords, and of those that were conuersant and had dealings with thē, they would not include their officers, ser­uants and others, who by necessitie doe owe them obedience, as doe the vassalles and sub­iects of the Crowne,can quoniā multos xj. q 3. cap. cū illorū x. de sent. excō. who naturally and ci­uilly are bound to their Kings and Princes: So that the necessitie of their bondage ex­empteth thē by the iudgement of the Church, out of the generall excommunication denoū ­ced against all other persons that haue dea­ling with the excommunicated. And perticu­lerly Innocent the third in his decretall E­pistle written to the Doctors of Boulogne,c. inter a­liù x. de sent. ēxcō. declareth that the debtes, letters, and obliga­tiōs of excommunicated persons are not cal­led in question, neither are the debtors dis­charged of the same: much lesse to be blamed for paying and satisfying their creditors, con­sidering that the necessitie of their obligatiōs doe thereto bind them.Arist lib. 2 Politic. And there is no doubt but the priuate famelie and household of eue­ry one is likewise a little Commonwealth, aswell as the Commonwealth is a great fa­melie, whereof the King that ruleth it is the father and defender, so elected and ordeyned by God, as father of the household among the children. Innocent the third therfore exepted [Page 75] out of the excōmunication of those that were conuersant with the condemned, all such per­sons as by necessitie of the lawes of houshold were bounde to yeelde their due obedience, which shall neuer bee more strickt, great, or commendable in the children of the household seruants, toward the father of the household, then it ought to bee in the subiects towarde their King or soueraigne Prince. And effec­tually to shewe that the excommunication of the King dischargeth not his subiects from their vowed faith, let vs call to mind the aun­cient examples meete and commodious for this argument.c. eū apud xj. q. 1. volū Conc. fol. 553. Nicepb. lib 13. ca. 34. can. praeci­puè c. Theogal. dum xj. q. [...]. The Emperour Theodosius the first was iustly excommunicated, for the murder of the Inhabitants of Thessalonica: His sonne Arcadius, for expelling and depo­sing S. Iohn Chrisostome from the Church of Constantinople: Zeno, and Anastazius, for being Eutichians: Lothaire the first, for his adulterie committed with Gualdrade: which notwithstanding their subiects were not dis­charged of their bondes and oathes whereby they were to them bound, against the which also they neuer made any difficultie to obeye those Emperours, as their lawfull Lordes. Dagobert King of Fraunce who became a Nero, and after the first yeres of his quiet and [Page] Catholicke gouernement, began about the yeere 637. to trouble the Churches, destroye the Temples, banish the Cleargie, and com­mit an infinite number of other insolencies, for the which Seuerinus Bishop of Roome, did greatly reprooue him, was not neuerthe­lesse driuen awaye by his subiects, who with earnest prayer, obteyned at the grace of God that this Prince repented, and euer after ser­ued God faithfully all the dayes of his life. When Pope Celestin the third had excom­municated Phillip Augustus King of Frāce in y^• yere 1197. for forsaking without lawfull occasion his wife Isambergue, sister to King Iohn of Denmarke, his States and subiects did not neuerthelesse expell him or denye to acknowledge him to be their King and So­ueraigne. When Boniface the eight had cast foorth his poysoned Bull against Phillip the Faire: the Nobles & Prelates of the Realme assembled at Paris decl [...]red that the Bishop of Rome had no authoritie so to doe. When Pope Iulius the 2. excommunicated and in­terdicted King Lewes the 12.Massaeus in Chron. whome iustly wee terme father of the people, the Prelates and Nobilitie assembled at Tours, protested it to be lawful to cōtemne the said Thunder­bolt, & the same notwithstanding did sweare [Page 76] to him their due faith and homage. When King Henry the 2. of England was by Ale­xander the 3. excommunicated & interdicted for banishing Thomas Archbishop of Can­terbury, whom after his death the Pope ca­nonized, yet was he not cast out frō his king­dome, neither did his subiects with earnest affection denye him their accustomed obe­dience. Iohn without Land King of the same Ile, was neuer dispossed, neither did his sub­iects molest him, in respect of the curse that Innocent the third had denounced against him in the yere 1212. vntill he became a Ty­rāt and extreme oppressor of the people, who then, beeing prouoked, vnder pretence of the sayd interdiction, did him some displeasure: Howbeit, so soone as hee seemed willing to mend his maners toward the English natiō, they fell at his feete, and expulsed Lewes of Fraunce, whom they had subrogated in his place, & so soone as the sayd Iohn was dead admitted his sonne Henry. King Henry the eight of the same Ile, was very faithfully o­beyed by his subiects, after that Pope Paule the third had excommunicated, interdicted, aggrauated, and reaggrauated the curse a­gainst him, wherby some were somewhat sha­ken frō his obediēce. Su [...]noo King of Den­marke [Page] about the yeere of our Lord 850.Iohn. Ma­gn [...]i [...]hist. Goth. was iustly excōmunicated by y^• Bishop of Roscho­lech, for becomming an Apostata, and procu­ring to slay sundry of the Princes of his blood in the Church founded in the name of the ho­ly Trinitie in the same Towne of Rhoscho­lech, the entry into which Church this Bi­shop forbad him, together with the communiō of the faithfull: but he did not neuerthelesse depriue him of his Crowne, neither did his subiects refuse him their faithfull seruice, al­though Canutus and Wademarus, two of his chiefest fauorites and priuy Counsailors, who sought to share the Realme with Suer­cherus King of Sueden, did thereto suborne them. Brigerus King of Sueden, who raig­ned about the yere 1300. was one of the most wicked and cruell Kings that could be, espe­cially against the Church and Churchmen, but chiefly against Nicholas Archbishop of Vpsale, whom together with the rest of his Bishops he committed to prison, wherevpon they excommunicated him, and Turgillus Canutus his Lieutenant general, and author of his behauiours: neuerthelesse the people, though therby stirred vp against their King, and hauing greater opportunitie to rebel and shake of the yoke of his obedience, vnder the [Page 77] conduct of Wademarus, and Henry his bro­thers, who sought no better occasion to put out their brother, would neuer hearken to thē, neither hinder or become cruell to their natu­rall Lord: so as the two brothers were forced to employe their other friendes for the execu­ting of their intēts against Brigerus, whom when they had taken prisoner, they were ne­uerthelesse compelled to force al the townes, neither found they any one that would yeeld to them: so greatly did the Subiectes of the Realme accoumpt themselues bound to the seruice of their King, whom they knew to be wicked, excommunicate, and an euill liuer: besides, a prisoner, and captiue in the power of his brethren, whom in the ende they forced to set him at libertie, & to submit themselues to his obedience: Of such force is the bond of good people to their King, whatsoeuer he be. In Poland Boles [...]aus a Prince of most wic­ked life,Cromer. in hist Polon. a commō adulterer, an enemie to the Church and Cleargie, after Stanis [...]aus Bi­shop of Cracouy, had often admonished him to amend, was by him at length excommuni­cated, whereat the King being offended did put the sayd Bishop to death: for which cause Pope Gregory the seuenth did confirme and aggrauate the sayd excommunication, with [Page] a generall interdiction against the Realme, about the yeere 1079. yet did he still raigne by the consent and with the obedience of the Polonians, ouer whom he ruled a whole yere and more, vntill in his iourney to Ladislaus King of Hungary, hee flewe himselfe, perad­uenture through the iust iudgement of God. The Emperour Sigismund and his faction could neuer winne the Bohemians from the due affection that they ought to his brother Winceslaus their naturall King, though vi­cious, wicked & filthy, for the which offences through the practises of the said Sigismund, he was often emprisoned and excommunica­ted by the Bishops of that coūtrey, yea by the Electors deposed from the Empire: so as in the ende he dyed in Boheme, still taking the place, order, and qualitie Royall, through the goodwill of his Subiects, who deemed, that the same could not perticulerly conteyne any dispensation to discharge the subiects therof of the oath and faith that to him they ought: as also they may not be discharged frō his bon­dage but onely by death, or his owne liberall cession which he would make to an other: as did Albert King of Sueden, about the yeere 1388. beeing prisoner to Margaret Queene of Denmark and Norway, to whom he yeel­ded [Page 80] whatsoeuer his right to the Crowne of Gothland and Sueden: whereby the States of the countrey sware their faith and homage to the sayde Margaret, and after they had se­cretly enquired of their King, & sundry times solemnly desired him to shew them his mind, or els to discharge them of the duetie where­in they stood bound to him, although vndoub­tedly the Suedens had great cause to seeke his mishap: for all Histories doe agree, that neuer Prince committed so many outrages, and wrought so many iniuries to his subiects as had this Albert. It therefore remaineth that by the lawe of Nations, the inuiolable keeping of the obligation that the subiectes doe owe to their naturall Prince, and not to depart therefro at the appetite or sentence of others, haue euen among the most barbarous people bene euermore obserued, so as wee ought, in respect of the bonde that wee owe him, say of the King and his bloud, as of Ma­trimonie, whom God hath ioyned together, let no man put a sunder.

22 But let vs more perticulerly learne whether the sentence of excommunication, were lawfully, vppon reasonable cause and exemplary occasion, pronounced against a King, and done by the iudgements of many [Page] Popes of Roome within these fiue hundred yeeres, against such Kings and Emperours, to whō they haue borne bad minds. Although I thinke it not meete to ground any lawe v­pon the examples of these men, in troth, full fraught with ambition, & more then humaine affection: but it is requisite to examine this question by the rules of Gods lawe and poli­ticke reason, established for the preseruation of the societie of mankinde. Herein therefore I say y^t the sentence of excōmunicatiō denoū ­ced against a King, how iust soeuer the cause bee, and conteyneth dispensation for the oath and duetie that the subiects do owe vnto him, this licence and tolleration vnto the people graunted, is repugnant to the lawe of God, and all mans reason. For, sith the subiects are by Gods commandement bound to obeye their Princes whatsoeuer, without any fur­ther enquirie of their consciences and beha­uiours,Iohn. 8. they cannot by any tradition or per­mission of man, either generall or perticuler, be dispensed with:in can. sicut 14. dist c. sunt quidā 25. q. 1. because no man can enter­prize vpon Gods ordenances: and euery dis­pensation so graunted is voyde, as beeing re­pugnant to the deuine prouidence: As Pope Leo and Vrban, haue very wisely confessed. Especially sith this dispensation cannot bee [Page 79] put in execution without great sclaunder and shedding of bloud, by reason of such warres and quarels as will be raysed through the re­bellion of the Subiects against their Prince & their Kings resistance, not onely in respect of his conscience, but also for his Estate, and the defence of his Crowne. In such necessi­ties therefore, Pope Gelasius teacheth vs, that we are especially to beware of those things that cannot be receiued without great inconue­niences. c. elfi [...]ta 11 q. 7. Besides that the Iurisdiction and po­wer of the Church, extendeth not to tempo­rall goodes or causes, but as all men knowe, Caesar shareth Empire with Iupiter: neither is the Ecclesiasticall power other then Spiri­tuall, concerning the Kingdome of heauen, and therefore vnprofitably and wrongfully they should thrust their Sythe into other mens haruest, and without authoritie or Iurisdictiō should meddle with the gouernment of mās policie, and the gouernments of Realmes or earthly Empires, considering the kingdome of God, whereof they are Stewards and doe weare the keyes, is not of this world. As also of such dispensation would ensue to great in­iustice, because that sith the holy Church gi­ueth remission for whatsoeuer sinne, and re­ceiueth the excommunicated, after he hath [Page] made sufficient satisfaction and done penance worthy his misdeede, it should come to passe that such a King or Prince, notwithstanding he were reunited to the Church, and had sa­tisfied the commaundement thereof, must ne­uerthelesse remaine banished from his estate already possessed by the first of his neighbors, that shall haue receiued this rebellious peo­ple, and of this trouble taken occasion to be­come maister thereof, at whatsoeuer price: from whence it would be vnpossible to auoyd him without warres and generall trouble a­rising of such dispensation: and so should the domage done to the excommunicate King through the sentence of excommunication, which was layd vpon him only for correction and admonition to cōfesse his fault, & to aske pardon openly of GOD and his Church, re­maine irreparable. To be briefe, of extreme lawe would arise extreme iniurie, whereof this poore, miserable, excommunicate and despe­rate Prince finding himselfe agrieued with the permission to his subiects to rebel, would growe more obstinate in his vice for feare of losing his Crowne: so in liew of vrging him to penance and satisfaction to the Church for the offence arising of his sinne, he shall waxe worse, and the Ecclesiasticall discipline bring [Page 78] forth no fruite, and thereby growe into con­tempt: And vndoubtedly therein consisteth the discretion of a Lawyer and Iudge, so to make his lawes, & so well to order his iudge­ments, that immediatly without difficultie, how notable soeuer they be, they may bee put in execution.

23 Consequently a question may be pro­pounded, whether it be lawfull for a King or Prince to appeale therefro as of abuse, but also by weapons to resist and withstande the execution of such a sentence, because it per­mitteth the subiectes to shake of the yoke of his obedience, & refuse him the duetie of their obligation: which is the same question, which Lewes the 12. of Fraunce moued to the Bi­shops assembled in Tours in the yeere 1510. concerning the peeuish and rash excommuni­cations layd vpon him and his confederates by Iulius the second: whereto the said Bi­shops made aunswere, that by all lawes the sayde King was permitted by whatsoeuer meanes, yea euen by armes to withstand such the Popes friuolous and wrongfull declara­tions. Which aunswere, in my opinion, is founded vpon all reason aswell naturall as ciuill, because it is certaine and euident, that the clause of the sentence of excommunicatiō [Page] of the King,l. vt vim. ff. de Iust▪ & Iur. which conteyneth permission to the subiects to r [...]bel against him, is a publick force and violence, that the Pope wrongfully employeth contrary to his function and au­thoritie, and against the which the King may oppose himselfe and withstande him with the like or a greater power.I. 23. ff de iniur. l. 31 ff. de per. & com. rei ven. le. 26. ff. 7. ff. ad Secondly, it ought not to be lawful for the Pope vnder pretence of a Shepheard, and the care that hee should haue of the Christians to enterprize or attēpt any vnreasonable thing to the iniurie of his flocke: For if the Magistrate doth any thing iniuriously, either as a perticuler person, either vpon confidēce of his authoritie, he may be sued of iniurie. Besides that wee haue before pro­ued that the ordering, Iurisdiction, and notice of worldly causes and Kingdomes belongeth not to the Cleargie, to whom is committed onely the publication of the spiritual and hea­uenly s [...]orde,I. fin. C. [...]i à non cōp. iud. l. f [...]. ff. de iurisdi. om [...]. iud. and so consequently sentence pronoūced by an incompetent Iudge, is voyd in this head, neither is any man bounde to obeye that Magistrate that hath iudged aboue his authoritie. To this purpose Pope Gelasius, writing to the Bishops of the East, doth con­fesse, that if the iudgement be vniust, the lesse neede the condemned to care, [...]. cui est il lata xi. q. 3 for that such a sentence cannot make the cōdemned guiltie be­fore [Page 81] God and his Church. c. nō debet xi. q. 3. And therfore he con­cludeth, that he should neuer sue for absolution, beeause it hurteth him not. In an other place Pope Gregorie confesseth, that he cannot in­curre canonicall paines that is not canonically condemned. In the interpretation of which place Iohn Andrew the gloser doth teach vs, that it is lawfull to withstande the execution of a iudgemēt knowne to be none, and giuen by such a one as hath no authoritie. The same doth Celestin graunt whē he speaketh of the election of a Bishop, against the minds of the Cleargie of that Dioces where he should sit:l. denotat. C. de met. lib. x. c▪ nullus inuitis 61. distin. gl. in c. ex literis de off. deleg. innocent. in cap. si quando eo. & in ca. dilectè de excess. praelat. l. si quis prouoca torum C. appell. nō recip. Paul. de Cast. post Bald. in l. vt vim ff. de Iust. & Iur. so [...]n. in 443. fal. Cinus. in l. ab execu­tore C. eod [...]uor. appe [...]. nō rec [...]. & in [...]. C. vnd. vi clem. [...] and the Glose expressely saith, that the supe­riour abusing his power, willing & pretēding by force to bee obeyed, it is not forbidden to withstande him, especially in cace the hurt be irreparable, as in this now in question, be­cause euery one naturally is permitted to withstand violence, yea euen against his supe­riour. In an other place wee learne that it is for euery one in default of the Magistrate, to doe himselfe right, or to bend himselfe against the wrongful oppression of an other. Infinite are the examples of Emperours and Catho­licke Kings, who authorized by the Church, haue made no difficultie to take Armes a­gainst the bishop of Rome and his adherents, [Page] whensoeuer he so farre forgat his duetie, as by force to enterprize that which Princes could not with reason graunt hym. When Pope Iohn the eleuenth writ to the Hungarians, and perswaded them to rebel against the Em­perour Ottho the first, and the sayd Emperor being in Italy, this Pope togither with Al­bert Marquize of Spolete raysing warre a­gainst him, the Bishops and Prelates assem­bled at Rome, deposed the sayd Pope, and ha­uing surrogated Leo the fifth into his roume, permitted the Emperour by Warres to pur­sue him. When Henry the blacke vnderstood that Benedict the ninth, Siluester the third, and Gregory the sixt Antipopes, sought each to thrust other out of Italie, and to establish him self by armes, he went speedely to Rome with a great power to decide the cōtrouersie, & with the aduice of a Coūsaile assembled by his imperiall authoritie, these three Popes were all deposed and disgraded, and in their roume the Emperour established Suidiger Bishop of Bambergue, who named him selfe Clement the second: When the Emperour Henrie the fourth vnderstood that Pope Gre­gory the seauenth had forbidden the Bishops to require inues [...]iture of the Emperour, also that he found, that y^• wicked man stirred him [Page 82] vp enemies, yea, procéeded so farre, as to cause the sonne to rebell against the father, against whom he opposed Raoul Duke of Sueue, he desired the Bishoppes to gather together at Bresse, where in their Sinode they excom­municated and deposed the Pope, and elected Clement Bishop of Rauenna to bee his suc­cessor, for whose establishment the Emperour tooke Armes and entered Italie. Henry the fifth was forced to Warre against Pascall, who had mooued the Romaines to mutiny a­gainst him, to the ende to haue slaine him, be­cause he endeuored to mainteine the auncient rightes of the Empire concerning the colla­tions of Bishoprickes. Frederick the first vn­derstanding the arrogant presumption and obstinate resolution of the Popes Adrian, A­lexander the third and Victor, importing that it lay in them to giue the Empire to whome they pleased, did seauen tymes enter Italie with an army, where he fought a blooddy bat­tell, in the which dyed 12000. of Pope Ale­xanders partakers, who therewith prouoked, caused the liuely Picture of the [...]ame Empe­rour to be drawen,Bal [...]us in catal. script. A [...] ­gl. and sent the Table to the Soudan of Egipt, against whome the saide Emperor was gone, withal aduertising him, y^t vnlesse he procured his death by treason, or [Page] otherwise he should neuer haue peace: where­vpon the Emperor recreating himselfe a litle from his Armye, was taken and brought be­fore this heathen, who shewed him the Popes Letter, togither with his Picture: and yet neuerthelesse put him to his Raunsome, and so sent hym home honestly, as abhorring the treason of the great Priest of the Christians against this Prince, who ventured his life for the maintenāce of his Religion. Hereat was the Emperour so offended, y^t at his returne he entered Italy againe, & forced y^e Pope to flee in counterfaite apparell, after y^t the Bishops had in a Synode condemned him as a traitor to the Empire, yea, which is more, as a con­spired enemie to Christian faith. Phillip, this mans sonne being by Innocent the 3. sclaun­dered amōg the Princes of the Empire, was counsailed by the Bishoppes of Germany to haue his reuenge by armes. Ottho the 4. be­ing in Rome, was so s [...]arred by the driftes of the same Innocēt, that he was driuen to haue recourse to force, in which conflict perished a number of the Citize [...]s of Rome. Frederick the 2. in whose time Innocent the 4. Honore and Gregory the 9. did in Italy begin y^• qua­rell of y^e Guelphes against the Gibelins, who mainteyned them selues vnder the auncient [Page 83] obedience of the Empire, was by the aduice of al his Princes and Prelates, compelled to oppose himselfe against the practizes & con­spiracies which these high Priestes wrought against him. The Emperour Albert, & King Phillip of France, doubted not to bend them selues against the oppression of Boniface the eight, & to contemne his excommunications, vntill King Phillip assembled the Prelates of Fraunce, by whose sentence he was decla­red a Scismaticke, Hereticke, inuader of the holy Sea, and a perturber of the peace of the Church, as hauing molested all Italy, with the factions of the Whites, and the Blackes. Henry the 7. of the house of Luxembourg, to the ende to withstand Clement the third, the mainteyner of Robert King of Sicill, a re­bellious vassall to the Empire, was driuen to come to handy strokes with him and his par­takers: the like did Lewes of Bauier against Iohn the 23. and other y^e Popes of his tyme, who without either cause or reason had decla­red him an Hereticke, because hee would not yeeld to them the Imperiall authoritie in I­taly, neither put the Empire into the subiec­tion of the Bishop of Romes Sea. In our tyme Lewes the 12. King of France, and the Emperour Charles the fifth, how dealt they [Page] most iustly with the Popes that would haue dispensed with, and exceeded the boundes of their duetie? To bee briefe, in other the Pro­uinces of the Empire, infinite are the exam­ples of Kings and Princes, who with the ad­uice of the Prelates and Nobilitie of their Dominions, haue with armes withstood the ambitious and passionate practizes of the Popes, in whom it had bene more seemely to haue gouerned the Church and spiritual Hie­rarchy, and not to haue thrust their Sythes into other mens haruest: whereof is without doubt proceeded the destruction and deformi­tie of the West Catholick Church, together with the full fall of the East Church, into the which by those meanes is entered the Wolfe that hath deuoured Gods flocke, whereof they shall assuredly aunswere.

24 Now haue wee yet the second question to enquire of, for our better instructiōs in this matter: That is, whether the King of Na­uarre bee an Hereticke. His aduersaries doe say that his opinion of Religion was lately condemned in the late oecumenicall Coun­saile holden at Trent.Molin. in Cōs. supra Cōd Trid. Hereto he aunswereth, that the same pretended Counsaile was not lawfully assembled, because therein the Pope executed the roume of both Iudge and party: [Page 84] also that such as prosecuted reformatiō in the Church were not heard. To bee briefe, there may be debating, and many nullities may be alleadged, aswell in the forme, as in the de­crees of the sayde Counsaile, whereto neede no more respect [...]ee had then to the counsaile of the wicked, of which the Psalmist doth speak, or vnto those that the Prophet termeth Counsailes of vanitie: yea,Psalm. 1. Psalm. 26. Ioh. 4. and Sainct Iohn writeth, Beleeue not euery spirite, but prooue whether they be of God. Saiuct Hierome also teacheth vs, that the doctrine of the holy Ghost is the same which is set downe in the Canoni­call Scriptures, against which if the Counsailes determine any thing, it shall be wicked. Actione 3. cōc. Chal. 2. Valum. concil. l. nemo C. de summa Trinitare. Also when the Emperor Martian in the Coun­saile of Chalcedon, forbad to dispute or call into question such thinges as had bene well decreed in the same holy assembly, he thereby ment not to graūt free libertie to Counsailes against Gods worde: but he speaketh onely of such thinges as were well and lawfully or­deined, according to y^e rule of the holy Scrip­tures: by the which those that vphold the same opinion with the King of Nauarre doe pre­tend to shewe, that the Cleargy, who were as­sembled in the Counsaile of Trent alone, haue greatly erred: which their inquisition [Page] and search beeing by Gods owne mouth per­mitted to the Church, may not well be refu­sed. Trye all (sayth the Apostle) and hold that which is good. 1. ad Thes­sal. cap. 5. And in deede if the Counsayle of Trent bee aunswerable to the doctrine of Iesus Christ: If the trueth hath appeared therein, then neede it not to feare the tryall at the fire thereof, which is the true touchstone of humaine traditions. The worde of GOD is pure, Psalm. 12. Tertul. in Apolog. and feareth not the fiery tryall: for it is a true saying, The lawe that will not bee tryed, may iustly be suspected. After then that in a generall and free Counsayle, all parties haue bene heard, & that by the onely worde of God, and without affection they haue debated their cause, so that finally the opinion which the sayd Lord King of Nauarre holdeth, bee ad­iudged hereticall, he is so Catholick and zea­lous a Prince, and one that so feareth God, that he wil not stick publickly in the Church to confesse he hath strayed and hether to bene mis [...]ed. In the meane tyme, and wayting for the sayd lawfull Counsaile, neither y^e French King, neither his Courtes of Parliament, would euer in this Realm publish the decrées of the assembly of Trent, neither doe any o­ther receiue them then the Cleargie, who are the suppostes of the Popes Monarchy. But [Page 85] contrariwise the late King Henry the second sent Embassadours expressely to withstande the sayd pretended Counsaile, also to declare that he ment not in any wise to allowe there­of: as in [...]rueth it cannot be admitted without infringing the rightes and authorities of the King of France, the auncient decrees ordey­ned in the generall Estates of the Realme, vnder the forme of a pragmaticall sanction, and the most holie liberties of the French Church, whereby the Maiestie of this flori­shing Crowne is preserued.

25 Neither is it any newe matter to say in Fraunce, that the King and his French Church will not receiue the same Counsaile, because our Kings haue euermore vpholden and preserued aboue al other, the libertie and franchize of their Church, and neuer bound themselues to the Popes cōstitutions, or late Counsayles, no further then the same were conformable to the decrees of the vniuersall Church, & nothing derogatorie to the rightes of their Crowne. For proof therof, we know that the generall Counsaile of Vienna, was neuer wholy receiued in this Realm. In that of Constance, the libertie, franchizes, and pri­uiledges of the French Church were admit­ted, according to the declaration exhibited by [Page] the Embassadours of the most Christiā Ma­iestie. As for that of B [...]sill, King Charles the seuenth would not permit his subiects to ap­peare at the conclusion of the same: after the which at Bourges he assēbled al his Church, by whom the decrees of the same Counsaile were perused, and onely parte of them accep­ted with such qualifications as were thought meete to that effect: whereupon was formed the Pragmaticall sanction, soone after publi­shed in the Parliament, wherein these words are often repeated. Item, our Synode accepteth the decree following: thereby to shewe that in France we are not bound to the Popes orde­nances, constitutions, or decrees, neither to the assembly summoned by his authoritie,Vsurpa­tiōs & en [...]reptises du Cōcile de Trēte sur la Majestè du Roy de [...]ance. which he calleth a Counsaile. And now may we truely say, that neuer was there any holdē that was more preiudiciall, or of greater mis­prision against the dignitie of this Crowne: for if we search narrowly into it, we shal finde that a great parte of the decrees thereof doe dyametrally oppose them selues against the libertie of our Churches, and the Maiestie of the most Christian King, against whom they 1 were deuised. 1. First, concerning the doubt in this assembly made for the place and first degree of honor which haue belonged to him [Page 86] aboue all Christian Kings, for these 1000. yeeres: so that his Maiestie allowing of this pretended Counsaile, should confesse a mat­ter very preiudicial vnto him,Concil. 418. 1. vo­lum. because as saith Balde, he weareth y^• Crowne of libertie and glory. Secondly, as for reformation of the 2 maners, pollicie, and Ecclesiasticall disci­pline, which euermore hath bene one of the fayrest flowers of his Crowne, who so shall reade the sessions of the sayde Counsayle of Trent, shall finde that thereby the same is quite lost, extinguished, and transferred to the Pope of Rome, for the fourth and seuenth de­cree of the seuenth session, doe import, that in the election and making of Bishoppes and Priestes,c. sacrorū 73. distin. c. vota ci­uium 63. distinc. c. cler. 93. distinc. c. quāto 63. distinct. the consent of the people and autho­ritie of y^e Magistrate are not necessary: which is quite contrary to Gods lawe, the obserua­tion of the Primitiue Church, the auncient Canons, the ordinances of Charlemaign, and Lewes the Meeke: and more perticulerly, to the determination of the three Estates of this Realme, holden at Orleans in the yere 1360 and confirmed in the Court of Parliament, where it was decréed that together with those of the Cleargie there should bee 12. Gentle­men for the Nobilitie, and 12. Burgeses, who should be chosen out of the towne house, [Page] 3 and should represent the third Estate. Also in the second part of the same session, the sayd Counsayle attributeth to the Prelates the notice of the reuenues and buildings of the Churches, contrary to the auncient Edicts of our Kings, namely against the ordenance of King Charles the 6. who in the yere 1385 ordeyned that the Iurisdiction of the buil­dings should apperteyne to the Iudges roy­all. 4 In the same session the Counsaile per­mitteth the Bishops to cut off parte of the re­uenues of the Hospitalles, whereby to make themselues fatter then they are, thereby ma­nifestly encroching vpon the authoritie of the King and his high Amner, and against many decrees both old and newe of King Frances 5 the first and Charles the nineth. An other abuse and notorious enterprize against this Crowne, consisteth in that the said Counsaile permitteth and decreeth monitions and ex­communications, not onely to the ende of re­uelation, but also for the recouerie of things lost, against an infinite number of arestes of the soueraigne Court of this Realme, where­by the same haue bene condemned and decla­red 6 to be abusiue. It permitteth them to con­demne the Lay fee in fines of money, in sea­zure, apprehension, and execution of their bo­dies [Page 87] and goodes, aswell by the Bishops offi­cers, as their officialles, notwithstanding in France thei neuer had that authoritie, no not ouer the Cleargie, and therefore it is meere encrochment vpon the seculer power. It in­hibiteth 7 the Magistrate to forbid the Eccle­siasticall Iudge to excommunicate any per­son, either to commaunde him to reuoke his excommunication, although the Clergie doe but ouermuch abuse the same. It reuoketh 8 the decree of Phillip the Faire, concerning combats, receiued and enrowled in the Par­liament: and thereof depriueth Kings, Prin­ces, Dukes, Marquizes, and all other of their Iurisdictions, which is an intollerable abuse as wee haue aforesayd. It admitteth promo­tion 9 to the order of Priesthoode, to Curates, & other Ecclesiasticall functions at 25. yeres, although in y^• decree of the States of France before published, the age of 30. yeeres was required. It permitteth profession at 16.10 yeeres accomplished, and therein correcteth the decree of the sayd States, which limited the man at 25. and the woman at 20. It re­turneth 11 the prouision of Bishops & Prelates to the Pope, contrary to the auncient orde­nances of Charlemaigne, and his children: and contrary to whatsoeuer is conteyned in [Page] the Pragmatical sanction of Sainct Lewes, inserted into the stile of Parliament: yea, and contrary to the defence made at the sayde E­states of Orleans. It permitteth Bishops, 12 and Archbishoppes by their Viccars, to visite their Dioces, contrary to that is conteined in 13 the arrest of the sayd Estates. It permitteth the Pope to vnite simple Benefices to the Bishopricks, contrary to that which was de­creed in the Counsailes of Constance & Ba­sill, and contrary to many the arrestes of the Courts of Parliament of this Realme, wher­by the same vnions ought to bee made vpon 14 the selfe place. By the same Counsaile y^e tol­lerations at the Kings request graunted to y^• Court of Parliamēt: & to some Colledges and Vniuersities of this Realmes are abro­gated, as are also the conseruators Ecclesia­sticall of the Vniuersities, together with the 15 priuiledged of this Crowne. It forbiddeth such as haue made vowe of Religion, in any wise to dispose of their gotten goodes, whe­ther moueable or immoueable, contrary to the ordinance of the States of Orleans, con­formably with the decree of the Counsaile of Mogonce, holden in y^e time of Charlemaign. 16 It permitteth the begging Fryers to enioye and possesse rents, landes, reuenues, and im­moueable [Page 88] goodes, contrary to the Counsaile of Vienna, holden in the yeere of 1310. and infinite auncient arrestes of the Court. It 17 taketh from the King the nomination in Co­uents, and Monasteries reguler, which to him apperteyneth, also the Triennalitie of Abbesses, and Prioresses appointed by the sayde Estates. It permitteth Munckes to 18 meete and hold congregations and Chapters generall, which in an Estate is perilous and daungerous, and a matter whereby they bee accustomed to withdrawe themselues from vnder the authoritie and power of the King, and all other temporall Magistrates: in re­spect whereof also such assemblies haue by the arrest of the Court bene many tymes de­clared abusiue. It giueth the Bishop autho­ritie to institute newe Feastes, which haue 19 bene reproued by many arrestes of Parlia­ment, namely by the prouinciall Counsayle holden at Sens, in the yeere 1527. It en­crocheth 20 Lay patronages, if the patrones by authenticall writings proue not the presenta­tions continued and hauing taken effect 50. yeeres together, and reiecteth al other kinde of proofe. It giueth to the Ecclesiasticall 21 Iudge notice of the right and possession of the sayd patronages obteyned by foundation, [Page] donation, or construction within these fortie yeeres, which is a great intrusion vpon the 22 King, and his Magistrates. It erecteth a newe kind of Iudges delegate, whom it cal­leth Apostolick, and authorizeth the Bishops to choose them, euery one in his owne Dio­ces, without the Kings knowledge or autho­ritie, which are so many creatures not subiect 23 to that Maiestie where-vnder they liue. It declareth the Pope to be aboue him, and for­biddeth Bishops to humble and submit them­selues 24 to Kings and Lordes. It commaun­deth all Clergie hauing of right and custome voyce in the prouincial Counsaile, to receiue this pretēded Counsaile, to sweare obedience to the Pope, and thereof to make publicke 25 profession. It enioyneth Vniuersities not to teach any thing but what shalbe conformable to the decrees of the sayde Counsaile, and to take solemne and yeerely oathes to his holi­nesse. 26 It commaundeth all Lordes & Prin­ces to keepe the sayd Canons, renewing the auncient vsurpatorie Decretals of Boniface the eight, and others heretofore abrogated in Fraunce, as well by Edicts and ordenances Royall, as by the arrestes of the Courtes of 27 Parliament and great Counsaile. By the sayd Counsaile the causes of our French Bi­shops [Page 89] are drawne to the Court of Rome and Popes Consistorie,c. siquis Episcopus 6. q. 4. c. si inter epi­scopos c. si episco. pus xi. q. 3. c. decer nimus. 3. q 6. contrary to the dignitie of the royall Maiestie and the auncient Ca­nons of the vniuersall Church, whereby the criminall causes of Bishops, yea, in cace the same concerned their depriuation or dischar­ging, did belong to the Bishops of the Coun­trey or Synodes prouinciall, and not to the Pope: as by many the arrestes of the Court concurring with the generall Counsailes of Constantinople and Carthage it doth ap­peare: besides that herein the sayd Counsaile greatly derogateth frō the Kings soueraign­tie and Iurisdiction that euermore he hath had ouer the Bishops of his Realm, witnesse the examples of Giles Bishop of Rheims: of Pretextatus Bishop of Roā: of Didier Arch­bishop of Vienna, and many others, of whom Gregory of Tours, Aimoinus, Ado, & Vin­cent the Historiall, doe make mention. In 28 brief to vse few words, this pretended Coun­saile taketh away the most auncient liberties of our Church, so to make a Proppe to the Popes abu [...]ions. It also dissolueth, reuoketh and maketh voyde Mariages not contracted in the face of the Romish Church: wherein consisteth the Seede of a million of troubles, Ouarels, Processes, and strifes in infinite fa­milies [Page] of this realme, which vnder the autho­ritie of the King with his good liking, and vn­der the protection of his Edicts of pacificati­on haue contracted Matrimony and begot­ten Children, who thereby should be declared illegitimate, depriued of their Parents Suc­cessions, and their [...]Wues denounced Con­cubines & Harlots to their true Housbands, contrarie to all equitie, which in summe is as much, as to bend themselues against God: to erect in other mens Realmes assemblies of people not subiect to the same: to bring into the Church a greater deformation: and to make the King of Fraunce his Serieant or executioner of his commaundements, yea, such a one as should haue no authoritie to or­der his Realme: So that those which now so earnestly doe prosecute that publication of the sayd Counsaile shall neuer perswade mee that they are French men: but rather that they shewe them selues Solliciters of the Popes affayres and dignitie, rather his Ser­uants, thē their Kings and soueraigne lords. Thus doe you seee, howe by the aduice and iudgement of the honestest & greatest French Catholikes, liuing vnder the traditions of the Romish Church, this Counsaile of Trent may not be accompted other then a notorious [Page 90] conspiracie and coniuration against the au­thoritie and dignitie of this Crowne, aud of the Subiectes thereof, of whatsoeuer calling that shall find them selues offended, and ther­fore we should greatly iniury any one of ours of whatsoeuer estate, in calling him Heretick, for not obeying, submitting him selfe, or con­senting against his Countrey, to the malici­ous conspiracies of the Pope, and straungers that doe enuie the greatnesse of this Estate. Especially the King of Nauarre, whome the matter chiefliest doth concerne, should haue greatest cause to be agrieued, in respect that at this day he hath the Honor to be the princi­pall branch of the Royall tree of France, and so consequently more neerely bound then any other to preserue and mainteyne the rightes, liberties and dignities of this glorious and redoubtable Monarchie.

56 Moreouer the sayd Lord King of Na­uarre demaundeth of you, by vertue of what doe you esteeme hym an Heretick and obsti­nat parson? For it is certaine, that he onely may be tearmed an Heretick, who vpholdeth a false doctrine contrary to the holy Scrip­tures of the ould and newe Testament, be­leeuing amisse in any one of the Articles of our faith, as did y^e Manicheans, Nestorians, [Page] Sabellians, Arrians and their like. Now to say trueth, they would perswade vs, that the opinion houlden by the saide Lorde King of Nauarre was monstrous: we haue bene hal­lowed after them like Dogges: wee haue bene forbidden their company as of infidels and miscreants. I beseech you therefore, let vs carefully looke into the confession of their faith, and we shall find them Christians, such as agree with vs in the articles of our belief: doe worship the same God: seeking saluation in the same Iesus Christ: Chrildren of the same father: beleeuing the same Bible, assu­ring them selues in the same Gospell, as in the same Buckler of their faith: requiring part in the same inheritance and in vertue of the same Testament, as we. The whole con­trouersie betweene them and vs consisteth in that, that they finding many mens additi­ons and constitutions in the Church, and a­mong the simple and pure ordenances of the Gospell, doe craue pourging and reforma­tion, and in cace of refusall thereof for feare of their soules and desire of saluation haue withdrawn themselues, as men content with the simple forme ordeyned in the Primitiue Church, & wee haue thought that sauing our consciences wee may stay therein attending [Page 91] necessary reformation. Either of vs seeke sal­uation and tend to one ende, and by the same meanes are all one and the same woorke of Gods hand: all faithfull seruants in the faith in one Baptisme: all Grapes of one Vine: yea, all braunches of one Grape: wee must therefore knowe why one should be an Here­ticke rather then an other, sith wee are all of like faith: vse like bookes: & tend to like end. This is it (in my iudgement) that causeth the King of Nauarre to complaine, that wrong­fully he is termed an Hereticke, before his o­pinion hath bene condemned in a free, holy, and determined Counsaile, whereat euery one may safely appeare. As for the obstinacie to him obiected, I would weete for what be­nefite hee should in this cause bee obstinate? what good? what aduancement? what peace? what ease may he therein hope for? He hath habandoned the Courte of his Soueraigne Lord the King: he hath long through the sub­telties and slaunders of his enimies, bene out of his fauour, which is the mishap that with greatest impatience he hath borne: Hee hath bene depriued of most of his houses: alwaies in the fielde: sometimes badly prouided, ar­med, enuironed▪ & his life in a thousand daun­gers: where as otherwise he had bene assured [Page] at his Maiesties handes of all fauour, amitie, honor, peace, and humaine felicitie. Any man therefore of iudgement can neuer be perswa­ded that this Prince, whom in other matters we know to be wise and discrete, would haue chosen to haue spent the most parte of the flo­wer of his youth in miserie and perpetuall care, only vpon a contradictorie and obstinate mind, not proceeding other thē frō his affec­tion to the honor of God and the saluation of his soule. Moreouer, besides the infinite abu­ses of the sayd Counsayle, whereby it is vt­terly none, it is not vnknowne to al men that in France the King of Nauarre is not such a one, as by the policie of the Realme ought to bee depriued of the succession of the Crowne when it should fall to him: because those of his partie liuing therein vnder the Kings good liking and obedience are not incapa­ble to enter vppon all kinde of goodes and inheritances which to them may apperteyne either naturally, or ciuilly, according to the lawes commōly receiued in this Monarchie, by the ordenances of the generall Estates of the same, as the subiects thereof doe knowe & ordinarely it is adiudged in the soueraigne Courts of France, therein ensuing the E­dicts made within these twentie yeres vnder [Page 92] Charles the nineth, and Henry the third now raigning: so as to esteeme the sayde Lorde King of Nauarre, to bee in worse estate con­cerning succession in the Realme, then the meanest subiect thereof, and to his preiudice to restrayne the publicke and generall lawe, were vnder correction, besides all reason, or­der, or apparance,l. illud. ff. ac leg. A­quil. l. aē Titio. ff. de f [...]rt. sith the cause both of one and other is all one. These bee the effects of the reasons, which euery one according to his capacitie may extend, whereby the sayd Lord King of Nauarre sayth and vphouldeth that he is no Hereticke. First, the lawe and decree whereon the enemies ground their slaunder, which is the Counsayle of Trent, is argued of diuers nullities. That we must accoumpt of it as of foreiudgements, for the force of law is to be maeinteyned vntill the cause of Nullitie be decided: with this exception, Quod praeiu­dicium legis fiat. Especially in France where the most Christian King and Soueraigne Courtes did neuer approue the sayde Coun­saile, as it is most certaine and euident. So that although the nullities thereof might bee couered vnder a consequent approbation of the Counsaile, yet could not that take place in this Realme, which, by the testimonie of the Popes themselues is not bound to take [Page] law or to accommodate it self to the sentence, publication or pleasure of any Prince or Po­tentate whatsoeuer in the world. Let therfore the Spanyard or Sauoian cōpell their sub­iects to liue according to the decrees therof, yet haue not the most Christian King and his Parliaments prescribed it for a lawe to them selues. Besides, to come more perticulerly thereto, the King of Nauerre, notwithstan­ding he bee a Christian King and soueraigne Prince, and so acknowledged by his aduersa­ries, especially by the Pope, yet was he ne­uer summoned or heard in the sayde Coun­saile, so that consequently the decrees and iudgements there passed are not deemed a­gainst him, to binde him, either to force him to the obseruing of the same. Againe, admit hee had bene heard, also that the lawe of the Coūsaile of Trent had bene lawfull, yet who did euer heare that the sentence of death or o­ther punishment was executed against those that sinned or did transgresse the law, contra­rie to the order established, but y^e Magistrate, Guardian, or Priest thereof had first exami­ned, heard, or conuinced them, at the least, cal­led, summoned, & proclaymed thē to the out­lawrie or otherw [...]se, after exact obseruing of the solemnities of law. Doe ye vse (my Mai­sters) [Page 93] to sende euen the ranckest thiefe in the worlde to the gallowes, without other forme of lawe? Will ye then execute your passions vpon one of the greatest Christian Princes that Heauen hath permitted to bee borne, ca­pable of ruling you whensoeuer it shal please God to permit? or depriue him of that right which Nature hath giuen him, without hea­ring, or summons, either vnderstāding of his reazons? Is the maner to proceede in such causes, to come with the sworde drawne and force men to beleue you, at whatsoeuer price? Wil you be his Iudges, that be his enemies, and are armed to depriue him of his life and goodes? Shall the Pope, whose reformation is chiefly in question, bee his partie? No, no, Warres and weapons were neuer meanes to atteyne to vnion. If one be in the darke, mē vse to light him and not to cut his throte: If he be infected he must be washed, not drow­ned: If he bee sicke, tende him, ende him not: Who so will reunite the Church, must seeke to bring backe those that are out of the way, and to call againe such as haue strayed: for on the other side, warre and rigour tendeth to stay and roote them out, not to bring them a­gaine, but to make them to be no more at all, which in deede is a remedie worse then the [Page] disease. For so mē may say we haue but a bad cause in hand, when in liew of reason we haue recourse to force. But Christians, what must ye then do? as men capable of reason ye must conuince the King of Nauarrre, and all that be of his opinion by apparant reasons. For the vnderstanding whereof, assemble the Ca­tholicke Church, & so consequently the Chri­stian Princes of the same: heare the parties: cause the King of Nauarre to appeare: at the least summon him to come in in al assurance: In such an assembly denounce him an Here­ticke: excommunicate him: or deale otherwise with him, according as the holy Ghost shall thincke meete. Vntill you so doe, you are but theeues, enemies to the Catholicke Church: perturbers of Christian peace: and very A­theistes, in seeking to vse Catholicke Reli­gion, which you doe least respect, to estabish your prosperitie withall.

27 It is requisite, saye you, to roote out Heretickes. That is a good, godly, and Ca­tholicke Counsaile: I am of your opinion: But marke, ye Frenchmen, the meanes, ef­fects and purpose which these zealous per­sons, these firme pillers of the Church, and these bucklers of the faith doe goe about to take herein: Weapons, fellonie, and depriua­tion [Page 49] of our King both of his Scepter & life: for if wee flatter not our selues, this is their marke. We must giue almouse to the poore: but not by robbing the rich. We must punish transgressors: but we must not proceede ther­to by cutting the Magistrates throate, whom we thinke ouerslowe in perfecting the proce­ducers. We must relieue the people: but nei­ther wee, nor you, nor any other must deale therein or enterprize to do it, chiefly by rebel­lion or warres against our King. This is not the first tyme that the Commons haue com­playned of the Kings exactions, and yet did they not thereupon take occasion to oppose thēselues against their Maiesties good plea­sures: neither was there euer found Cleargie man, being the seruāt of God, who to the mu­tinous would become a trompet of rebellion against their Prince vpon such consideration as these perturbers doe represent vnto vs the Lord Cardinall of Bourbon, the Popes Le­gat in France, and which is more, himselfe a Prince and of the race of the Kinges.Esa. 1. & 3. The Prophet Esay complayned of these too great exactions of his tyme.Ezec. 45. Amos 4. Ezechiel noteth them and discouereth the vices of Princes. Amos calleth them oppressors of the poore, & cruell to the needie.Mich. 3. Micheas setteth before them [Page] the reproach that God will lay vpon them, if they flay the poore.Sopho. 3. Sophony doth bitterly reproue them: yet doth it not appeare that e­uer these men of God embraced conspiraties or entered League, to the ende vpon any such considerations to arme the subiects against their Lord. The King, say our Censors, must reforme himselfe: but we must not tell him so with weapons, reprouing and iniurying his Maiestie by worde, writing and deede, yea by captiuating his affections, and forcing him to hate that which he loueth, as if hee were not a man capable of the loue of those whom perticulerly hee acknowledgeth for his faith­full seruants. This were a miserable state for a King, to be forced to hate where he loueth, and to loue where he would hate: to bee able to doe what he would not, and to desire to doe that he cannot: to be briefe, to be a slaue to the enuies, strifes and diuersities of his subiects. It is too much: euen the greatest Aristar­chians cannot like of it. Whervpon I would fayne aske these reformers, what made them so rich and mightie as now to vndertake to raise warre against their King: but euen the excessiue benefites of his Predecessors & him selfe? What place doth or may the stateliest of them hold in France, but of meane Gentle­men, [Page 95] and such as it hath pleased the King to loue? Were they not our Kings that haue aduanced them, and mainteined them in their wealth? wherefore then doe they so much en­uie the good hap of those who haue no other beginning or aduauncement then such as vr­ged themselues on? Why doe they so much mislike that the King should loue the Lorde Duke of Espernon, or any other, like as his predecessors fauoured their aūcesters? Know they not that all things haue their time, their beginning, progresse, encrease, and end? what further fauour doe they hope for at the succes­sor, whom they would cause the King to no­minate by prouision? sith in the meane tyme they suborne his subiects, yea so farr to turne them from receiuing any Garnison on his behalfe? and spread a brute among the people that there yet remaine some of the race of the aunciēt Gods worthy to rule ouer them? To bee briefe, they take the course too truely to fulfill the prophesie of the late King Frances our Kings Grandfather, whom many hono­rable persons did many times heare saye, that if they vsed the seruice of those who now set not a strawe by them, they would doe their endeuours to strip his Children into their dub­lets, and his people into their sherts: and vnhap­pely [Page] these Mastiues haue so well learned to barke, that now they seeke to byte their Lord. Call to minde ye Frenchmen, a true saying of Sainct Austen, importing, that it is vnpos­sible for that Counsaile to bee blamelesse, whose meanes, ende, and effects are vile, vicious, and reprehensible. Neither is it Religion or pietie that stirreth them vp, but a South winde and Spanish heate, wherwith they be driuen, that kindleth them. For in troth, it is of more im­portance for the King of Wisigotes wholy to subdue the King of Nauarre and to destroye him, whatsoeuer it cost, thē to lose all his low Countries, which by that onely meanes hee might perpetually assure, together with not onely the rest of whatsoeuer hee wrongfully nowe deteyneth of the Realme of Nauarre, which seemeth to be already prescript, but al­so generally of the whole Spaynes, and most of his other Lordships, whereof he might stand in great feare, if GOD should permit him to haue so strong and mightie an enemie as the King of France. Let not therefore the most Christiā Maiestie, and the King of Nauarre, flatter themselues, but bee assured that the Piedmontain and the Pope with their parta­kers, are determined to doe y^t Spaniard that good turne, and to employe whatsoeuer their [Page 96] habilities to assure him on that side. Consi­dering that withall the purse of the Romish Court, which findeth great ease in the Frēch Crownes, of the summe which often do passe the Mounts by reason of the Annates rene­wed in this Tridentine conspiracie, & might in tyme stray by the way, as by the auncient Edictes of our Kinges, and arrestes of our Courtes of Parliament they haue hetherto done, haue interest therein. For this cause none neede to maruaile that the Pope will not willingly forgoe so lickerous a morsell and the best dish on his table. Besides, it is most certaine that the subiects of Fraunce, and others that are boūd to the Crowne, and Maiestie of our King, who haue risen and doe dayly rise, are but the instruments and gates whereby to make way for the loades of golde which the Spanyard sendeth to doe his busi­nesse in this Realme, by the same meanes gi­uing them occasion to take holde of and vse the tyme to doe also their owne, and if they may, to seaze vpon this Crowne, which they haue leueled at euer since the decease of the late Henry the second, without employing themselues in any other affaires then seeking the meanes to atteyne thereto: yea euen part­ly they giue out that it were better to conquer [Page] the Realme of France, then to goe to Hieru­salem to seeke for the succession of Godfrey of Buillon. I doe therefore most humbly be­seech the Queene the Kings mother (whom our Espaniolized Frenchmen doe call vpon for their succour) to be ware of being deceiued in the faire pretences of these conspirators, but to assure her selfe, that notwithstanding whatsoeuer their flattering & sweete tongue, they will neuer bee satisfied but with the life and Scepter of her sonne & her selfe. More­ouer, I beseech God to graunt the King the wisedome of Salomō whē his mother Beth­sabe came to desire him to like of the mariage of Adonias with Abisag the Sunamite,3. Reg. cap. 2. who had bene King Dauids Concubine in his latter daies: vnder the pretence whereof he had vndertaken with the helpe of Abiathar the Priest, Ioab and Semei, to haue depriued the King of life and kingdome: which this fountaine of wisedome speedely perceiuing after he had heard the petition of the Queene his mother, in liew of graunting it, and consi­dering how this traytor vnder a false proposi­tion had abused her, commaunded to put him to death together with Ioab and Semei, and depriued Abiathar of his Priestly office and function.

28 Know we not the occasions of Dauid the Aduocates (one of the wickedest men that euer liued) iourney to the Pope and Court of Rome, whose instructions these good Schol­lers doe from point to point ensue? and those men that haue sene the same, can tell whether their beginning and the course that still they take, be not at large therein conteyned. Who is he that perceiueth not the importāce of the disputation holden at Sorbonne, about three or foure yere since, by a poore bachel [...]r drawē in, who had dedicated his Theses to the Ab­bot of Cluny, the late Card. of Lorrains Ba­stard. Wherein hee did what in hym laye to prooue that it was lawfull for the people to depose, driue out, kill and murder tyrannous, wicked, euill liuing and Hereticall Kinges? whereat the King beeing moued, as at a most daungerous and detestable proposition, this poore instrument of Satan was at the barre of the sayde Colledge of Sorbonne, slaine by one who of late dayes haue withdrawen hym selfe loaden with Spanish Pistolets and Ie­wels, and then cloked this goodly deede, least the author of this so vnchristian learning and knowledge should by his mouth haue bene disclosed. Might not we haue noted what ser­uants were procured to be placed abont Mon­sier [Page] the Kings brother, and to what end, amōg whom the forwardest had bene trayned vp in the Schole of these perturbers of our peace, as being their creature, witnesse that nowe he is with them, and then vsed all his ende­uour to plonge that yong Prince in all vo­luptuousnesse, lechery and heate of youth: yea hee did better his businesse: for hee betrayed him to the King of Spaine, & sould the Spa­niard to the States, and the Huguenotes to all others. Whereby hee made money of all with the price of the honor, reputation and life of his Maiestie, or rather of all France. The like did also three or foure other bad parsons, who all had bene brought vp, and were giuen to his highnesse by one selfe hand, to the ende to habandon hym for a praye, to the first mis­chaunce that might happen, among a greate number that night and day they deuised for the atteining to their entents: yea they went so farre as to set him at debate with the King his brother, and by meanes of some of theirs that were neere to either of them, to cause na­ture and bloud to liue in mistrust of it selfe, so to procure the ruine and losse of one or the o­ther, or of both togither, and with them of this miserable Realme. During which their sleightes, they did neuerthelesse perticulerly [Page 98] thinck vpon the king, whom when they found to be merueylous zealous in Catholike reli­gion, they began to practise some Spanish workemen to drawe vnto him, and vnder the vaile of Religion to bewitch him, and so who­ly endeuoured themselues, if they could, to haue cast him headlong into some mishap, as great as the same wherein they ꝓlonged poore King Sebastian of Portugall, who by such meanes serued for a warme breakefast to the Spanish King, and got hym a faire corner of lande through the subtelties of the Spanish Iesuites, concurring with the Portingal Ie­suites, or peraduenture both cōspired against the estate of that poore yong King, so to cause hym desperatly to venture hym selfe, whe­ther he dyed, & with him the Scepter of Por­tugall, which vndoubtedly God had long vsed to the great benefite & blesse of all Christian­dome. These were the driftes of the good ser­uants of our Kings, who (thanked bee God) was more circumspect and wary to put from about him such wicked spirites. Certainly it is most necessary and expedient for a King to be Christian, deuout, zealous of Catholicke faith, and to feare God: but withall it is most daungerous for his person and Estate, if hee become supersticious and an hypocrite. First [Page] he thereby loseth all iudgement to discerne the enuious friends or enemies to his Scep­ter: then he forgetteth the principall cause for the which he is a King: which is the care and gouernement of his people, for the exercize whereof onely he is bound, chosen and bound to serue God in that ministerie: lastly, in the world that we liue in, amōg the most corrupt soules that euer were, the whole worlde doth mistrust and wonderfully suspect him whom they see make so great a shewe, whether for enuy that euery one beareth to his more then common zeale, either els for that in trueth it often falleth out, that things of greatest ap­parance conteyne least trueth. Now then, these malicious persons haue but one onely subtile entent left, which also it is meete for the people to knowe. For yet they goe reaso­nably gently about their matters, and doe giue out that they require onely abolition of the Edicts of pacification, and to procure the exercize of one onely Religion in France, to the ende vnder that pretence to embarke the King, and almost to force him (as aforetyme, fearing least the ouer long peace of this Realme should close vp the passed vlcers, they had done) to breake off that amitie and good wil which it pleased him to shewe to the King [Page 99] of Nauarre, and those of the pretended refor­med Religion, so that by such meanes they will cause him with the sworde that he should holde in one of his hands to cut off the other: wherof must ensue the losse and sworne death of the sayde Lorde King of Nauarre, against whose person perticulerly, as beeing their principall mark, they are determined to arme themselues. After whose end also, if the King (of whom they shall then stand no longer in neede) will not in the meane tyme dye, either through melancholy, or choller, & so speedely quit them his roume, they knowe in their Italian League Articifers enough to sende him into Abrahams bosome: whereby they shall for so many good and commendable ser­uices done to our France, bee thought more worthy to be crowned then now, notwithstan­ding at this present they cause ouer loude to bee song their pretended merites by all the Spanish pentioners, and feede Spyes in the Court, at whose mouthes they set out their woundes receiued in the wasting of this Crowne, after the maner of the auncient Ro­maines, who exhibited themselues naked to the people in beggiug the Suffrages of dig­nities and offices. Thus when through their wisedome they shal haue killed the King and [Page] the King of Nauarre, who are y^• two thornes that trouble their feete, for the one they will procure the singing of a Deprofundis, and for the other Te Deum laudamus, whereby, toge­ther with an absolution sealed in leade in the Cource of Roome, they shall bee whiter then Swannes. For of the rest of the Princes of the bloud they make no accoumpt, neither doe thincke them subiect sufficient to put thē in any chafe about the rooting of them out: so greate is the furie of Sathan in these daies. This is the whole story which those that loue them are forced to confesse. Neuerthelesse, it seemeth that we sleepe our our mishap, or ra­therthat we make hast to this fire, euen with our backe burdens of woode to kindle it, in stead of water to quench it withall.

29 Hereafter I pray you what dignitie or Maiestie may restraine from vice, those that are so cruell to their King, as to take armes against his person, against the peace of his e­state whose subiects they are, and against the establishment of his Realme? Neither Equi­tie, Iustice, Custome, Lawes, respect of land, loue of their fellowe Citizens, or reuerence to the Magistrate, can permit those men that contemne the soueraign authoritie of the Maiestie royall: and such as without respect [Page 90] to Iustice or publick honestie, doe shew them selues more cruell and barbarous in procu­ring, vnder pretence of reformation and zeale to Catholicke Religion, the engendring in France of an immortall warre, the mother of all impietie, wrong, reuenge, ruine, deforma­tion and vtter subuertion of most mightie Kingdomes and florishing Empires, to blush for shame. What eminencie is the Church to looke for among the execrable blasphemies and infinite sacriledges that will be commit­ted in the warres? What power? what autho­ritie? what light may wee attend of Iustice when she is snared, mastered, become priso­ner, and ouerruled by the weapons of the most vicious and corrupt persons of this Realme? What honour? what degree? what respect may the Nobilitie hope for, beeing in perpe­tuall hazarde to loose life, children, wealth, peace, and free cōmandement ouer their vas­sals and subiects? What ease, what profite, or what encrease may the ouertoyled laborer, the venterous Marchant, the quiet Burgesse, or any other whosoeuer in this poore Realm, buyld vpon? Euery one must prouide for fa­mine, pestilence, fire, bloud, and spoyle: to be briefe, for all the scourges that spring of the disorder, barbarousnesse, ambition, and insa­tiable [Page] desire of those, who, if they maye finde assistance among the French, will neuer lay downe weapons, but either by an establish­ment of a perfect tyrannie proceeding out of their affections, more grieuous and insppor­table to those that shall remaine then warre it selfe, or els by the selfe ruine and vtter ex­tirpation of their wretched followers, toge­ther with most of the good men that shal haue withstoode them. Let vs not, O Frenchmen, perswade our selues that this mischiefe will be a matter of three or fower moneths onely. For if it be Religion, for the which they seme to bring you into the fielde, your selues doe knowe that our Kinges haue not spared life, state, meanes, or friendes for the remedying thereof within these fiue and twentie yeeres: which notwithstanding, what effect haue so many murders, such plentie of battailes, and such store of bloud spilt, wrought? Weene you that these who so long haue found meanes to defend themselues cannot withstand you, but must so easely yeeld vnto you? See you not the straunger that looke vppon you, and doe prepare to hasten our destruction, if we bee so foolish as to beate our selues? The authors of this cōspiracie, being now alone, are no strō ­ger then when they fought so sharply vnder [Page 91] the authoritie of King Charles the 9. and the King now raigning, and were vpholden by the same meanes that now they assure them selues of out of Spayne, Italy, and other pla­ces. You know they were chiefe of their Ma­iesties Counsaile, Leaders of their Armyes, or rather, authors of all passed mischiefes: en­terteyning the King in that will and opinion wherein he then was, namely, that weapons were y^e instruments to appease Gods wrath, and to reunite vs in one onely Religion, vn­till his Maiestie vpon better aduice confessed the fruites and effects of the contrary, and by the exāples of his neighbours did very wisely cōsider, that the disease of Religion is so roo­ted in mans mynd, that he were farre better to tollerate it, (sith we all agree in one belief and Creede of the Apostles,) then to hazarde his whole Estate, by weening to heale vp a wounde, which God willing, maye by daylie conuersation bee suppled: for vndoubtedly some diseases are of such a nature, that it is more expedient for the Patient to beare the griefe thereof, then for his cure to vse ouer daungerous and doubtfull remedies, whose tryall is more sharpe and intollerable thē the disease it selfe. With which counsaile, truely royall, fatherly, and worthy a Christian and [Page] peaceable Prince, these zelators of their own wealth, rather then of Christianitie being of­fended, doe now euidently shewe their bad mindes, and do buyld their pretēces vpon the diuersitie of Religions, vpon the oppressions of the people, vpon the deformations of Iu­stice, and vpon the distribution of Dignities, notwithstanding all men knowe, that in re­spect of the last they are better prouided, and haue greater cause to praise the parting, then to complaine of that honor that the King hath done them. As for the rest, themselues are the onely cause of all mischiefe, engendred by ci­uill warres, which euer since the resolution vpon their forecast thei haue nourished in this Estate: because it is certaine that peace is the mother of pietie, establishment of Iustice, and the true spring of mans ease. Neither can we denie the good, holy, and commendable affec­tion wherwith our most Christian and peace­able Prince set hand to the worke, so long as it pleased God to let vs enioy peace: whether in the example that he set vs in his Religion, desire that hee shewed in reformation of Iu­stice, or in the ease that, so much as he might, he procured to his good subiects. What is there more to doe then, fellowe countrymen, but againe to sheath vp our weapons, and de­uoutly [Page 92] to pray to God to graunt vs peace, and by meanes thereof to reunite vs in the Faith and Religion of the Catholicke Church? so to serue him faithfully, & with our good King to set to our shoulders to helpe to support the burthen of commaunding in this Realme, layd vpon him in heauen, yeelding our selues pliant, simple, and obedient to his commaun­dements, to the end altogether we may serue and praise the deuine Maiestie holily, and peaceably, euery one according to his duetie: the Prince in peaceable and wise gouernmēt of vs, as hetherto through the grace of che ho­ly Ghost, he hath done: our selues in louing, reuerencing, obeying, and faithfully seruing his Maiestie, as wee are bound vnder payne of eternall damnation. For, so long as we are in this world, if we doe otherwise, we shall re­semble the Marriners that in the Ship quar­relling with their Pilot, oppressed with the tempest, and enuironed with the enemie, doe in the ende finde themselues forced to saile a­way with some mercenary straungers, who will no longer haue any care of their safetie then the commoditie and sweetnesse of their wages shall continue. Surch surely will bee the life that we shal leade, in case we become so detestable as to disunite our selues frō our [Page] King, and the sacred bloud of his Crowne: abroade standing in feare of the enemie, at home, not onely of our fellowe Citizens, but also of our domesticall seruaunts, our allies, our cossens, our brethren, our parents, our wiues, and our children, wherby we shal haue warre with the straunger, sedition in the Ci­tie, and mistrust in the householde, alwaies in in feare, miserable, needy, and stil past hope of better: for the good will habandon vs as vn­worthy their succour, and the bad will deuour vs. What blesse then, what pleasure, what contentation may we hope for so long as vp­pon earth wee leade this life? and bee led by those y^t bely the forme, countenance, gesture, speech, and behauiour of the man that they beare, no lesse thē Satires, Apes, or Beares? as also we may rightly terme them Wolues and monsters borne in this Commonwealth, for the nourishing and bringing vp of whom I feare wee may bee called enemies to God and our owne nature, which by companying with these wilde beastes we doe corrupt. But to returne to our purpose. Concerning the heresie falsly pretended against the King of Nauarre, although the reasons aforesayd bee most true, waightie, and such as can haue no contrary aunswere vailable, yet as a Catho­licke, [Page 93] I do most humbly beseech the said King of Nauarre, diligently to thinck vpon his af­fayres, yea, although in his minde hee could conceiue no other consideration then the pre­seruation and peace of so much people (in that he by whom the offence commeth is accursed of God) whether he shal not more grieuously offende God and his owne conscience, in be­ing a cloake and pretēce of so many miseries to his Countrey and the French nation, for whose defence he is borne, then with his fa­thers and common custome of old receiued, in erring, if there be any error therein. Let him also iudge whether he bee not bound to aun­swer before God, for the liues of so many per­sons, who through his occasion shal perish, al­so for the blasphemies that consequently will be committed. Let him aduise himselfe whe­ther hee were not better to doe as the good and gentle Householder, who sometimes o­mitteth the seueritie of his age to play with his children, and with clemencie giueth them space to measure the force of his amitie excu­sing their insolent youth and bolde rashnesse, ioyning and going close with them: after the example of the wise and well aduised Athe­nian, when his people were most obstinatly resolued to oppose thē selues directly against [Page] his meaning. For my parte (Sir) I beseech your Maiestie to giue mee leaue to tell you that all good Frenchmen, true Catholickes, and faithfull subiects to you & this Crowne, doe euen in humaine reason greatly bewayle the state of our poore Fraunce, in seeing that your enemies are so well at ease, or doe (per­aduenture) nourish about your Maiestie some such persons as keepe their vizarde from bee plucked off. For in truth (Sir) it lyeth in you through the grace of the holy Ghost, to yeeld more fruite to the Church of GOD, (for the aduauncement whereof you haue hetherto thought to fight,) and more ouer to procure your selfe to bee esteemed more profitable, commodious, and honorable to all, by plan­ting peace in time in this Realm, and giuing an example to the rest of Christiandom, with assurance to the King that raigneth ouer you and his subiects who looke vpon you by your good life, and gentle common conuersation, which in all other actions your aduersaries them selues doe seeme to confesse, then by a­ny other worldly meanes that you cā choose. Besides, that it is an vndoubted and political maxime, mislike it who will, that it is not for Kings, who haue authoritie and gouernment ouer so many seuerall braynes, which GOD [Page 94] may reserue vnto you, if it so please him, or he be so determined in his priuate counsaile, not­withstanding all the Deuilles do rage, to set other where then in their Closets, vpon any of these extremities: because it would bee vn­possible to toyne and compose these together, especially in the world wherin you are borne, wherein also your selfe doe well knowe, and haue by domesticall examples learned, that it behoueth you and all other the Princes in this world, to bow to make your selues to be obeyed, & to preserue your estates by meanes more then artificial, and ful of humaine wise­dome, in respect of the frowarnesse, peeuish­nesse, and bad nature of subiects. But more perticulerly in this case, wherein our com­mon enemies haue for these 25. yeeres accu­stomed the French nation to the vse of wea­pons, and the veryest fooles, (of whom there are ouer many,) to contemne the Maiestie of their King, lawe, and Iustice, and to the con­trary haue suborned, flattered, and stolne a­way the most of their hearts, vnder a false pre­tence and zeale of Religion, which your ser­uants do wish you to winne again, as it were an easie matter to doe, being desirous of your quiet, honor, and to the aduancement of Gods glorie, the peace of this Realme, and the en­crease [Page] of the Crowne of France, fearing least all Christiandome should swarme to the tea­ring of it in an hundred peeces, or the muti­nous Rebelles that are within the Realme should rent and dismember this goodly Kid­ney of Europe, which without doubt is the goodliest and most perfect Kingdome vpon earth. At the least, sir, sith these great Dukes of fained Catholichisine, who in a iolitie haue declared themselues your aduersaries, doe beare for their deuise the destruction & bloud of the innocent Frenchmen, which by their often murders they haue shed, and are not yet satisfied, as their Bugbearlike terrors that they propound vnto vs, doe shew, I doe most humbly desire you to the contrary to bee the Pelican, and to beare the same deuise that the Great Alphonsus the 10. of that name King of Spayne, from whom your predecessors the Kings of Nauarre are discended, was wont, viz. Pro lege, & grege, setting forth in your actions, as many desires of peace, clemencie, fatth, honestie, and Christian piette, as they doe of violence, bitternesse, and perfidie, be­ing banded against the Iustice of God.

THE THIRD PART OF the Cath. Apologie.

THE third obiection that the seditious doe in their Libells disperse against the K. of Nauarre, im­porteth him to be a rebel, a traitor, and a protector of Conspirators against the King, and therefore an ennemy to the state and common wealth, wherein hee is for those causes vnworthy to commaund.

1 This obiection is not so small, but that being well considered as it ought, the graui­tie of the offence will surpasse the discourse of our sences and vnderstandings. For, for that onely offence came death into the world,Gen. 2. 22. 23. and Adam was banished Paradise. Also by hu­maine pollicy offenders therein, being there­of conu [...]et and adiudged, are vnworthy all suc­cessions, especially in Empires, Kingdomes, or other dominions,Ioh. de Te­ri. in tract. [...] tra rebel. [...]. Reg. 1. tract. con­clus. 19. although the same should fall to them by the right of natural succession as doe ours. For in this cace, if the neerest of the bloud Royall should be found vnthancke­full [Page 96] and guilty, not only against the King his Lord, but also against the Estate, common­wealth and Maiestie of the Crowne, hee and his posteritie may be attaint, conuict and ad­iudged for euer vnworthy the succession that nature and bloud had gotten him. So was it iudged by a Court of Peers of France in the yere 1457. against Iohn the second, Duke of Alencon, in the presence of King Charles the seauenth in the towne of Vendosme, not­withstanding the sayde Sentence was after­ward abolished, and the iudgement made void by Letters of restitution from King Lewes the eleuēth, entred, published and registred in the Court of Parliament, the Chambers as­sembled by the consent of the Kings Attorney generall. Wherefore I can not with silence ouer skip such an accusation against the per­son of the sayd Lord King of Nauarre, consi­dering also the enormitie of such a scander a­gainst the sayde Prince, who neuer had his owne life so deere or in such recommendation as the seruice, honor and wealth of the Maie­stie of our Kings and this Crowne, as being the man whome it neerest concerneth, and who hath greatest interest of all worldly par­sons in the preseruation of this Estate, as ha­uing the honor to looke so neere thereto. But [Page] surely by this detestable and sclanderous dis­course, I see the miserie and calamitie of our France, wherein withi [...] these 25. yeeres, du­ring the minority of our kings, the mutinous seedes of quarels haue made, & at their plea­sures forged Articles, heads of Rebellion, and crimes of Treason as they haue thought good, y^t therein, as Tacitus said of y^e Empire of Tiberius, might be the perfection of all ac­cusations, imitating the continuall euill do­ings of Princes Counsailers vnder the pre­tence of their Maiesties seruice.Tacir. li. 1. Sue. in Tiber. cap. 53. For it is found, y^t in the tyme of the said Tiberius, this crime was comprehended vnder friuilous oc­casions, as, if any man had in selling of his land sould therwith the Image of Augustus, or if hee had erected his owne Picture higher then the Emperors, either had employed the same in any Domesticall vsage.Tacit. li. 3. Suet. in Nerone. Nero put to death Cassius, one of the most excellent men of his time vnder such a pretence, and because hee bare the Picture of Cassius, one of the murderers of Cesar in his Armes: Caracal­la, so farre extended this crime, that euē those were accused who had made their Vrine in a­ny place where the picture of the Prince was erected: and this licence extended so farre, that it was offence to the Maiestie, to beate [Page 97] a slaue, or chaunge aparell before the picture of the Emperour, either to carie the same in­to any shamelesse or foule place, veluti si latri­nae, aut lupanari intulisset. To be brief, in those daies the crime of treazon was defined in the closet, and secrete will of the Monarke, or his flatterers, as Iuuenall testifieth.

The like haue bene done in our miserable Realme, when the conspired enemies of the Princes of the bloud Royall, did gouerne the affayres of Estate vnder Frances the second, and had afterward got holde of the person of King Charles the nineth, whom they nouri­shed in wonderfull and daungerous mistrust of his subiects: whereof are proceeded so ma­ny murders, massacres, troubles, and ciuill warres, which wee haue seene, and too much felt, to the ruine of the subiects of this poore Fraunce, by reason their Maiesties haue by these firebrands beene misenformed, that the King of Nauarres partakers conspired a­gainst their Estate, and refused to yeeld them that obedience, which by Gods commaunde­ment they ought: and in respect thereof vnder this pretence, did oftentymes cause them to be proclaymed Rebelles, Traytors, enemies [Page] to the Commonwealth. Moreouer, to make this mischiefe incurable, because the innocen­cie of this people, afflicted through the wrath and indignation of their Kinges, was suffi­ciently knowne to their fellow coūtrymen, & fellow Citizēs, these spirites of Satan haue sought to entāgle thē in partialities, & bādīg one against an other, thereby to vrge thē into irrecōsiliable hatred and perpetuall mistrust, whereof they might neuer conceiue cause of reunion, through such excesse and iniuries as the one should doe to the other during the ci­uill warres: also that while the same conti­nued, themselues might haue opportunitie to practize the hearts of those whom they should finde most meete to receiue the obiect of their trayterous and disloyall ambition: together that by this meanes they should diminish the loue of the people to their King, perswading the most passionate that the fault was in him why Fraunce had no greater peace, vnder which pretence they haue spued forth and by their creatures dispersed abroade an infinite number of diffamatorie Lybelles, and more then sclaunderous discourses, to the preiudice of the honor and reputation of our Prince, whom neuerthelesse they went about to per­swade, that those of the pretended reformed [Page 98] Religion were the authors of these deceipts. But the ende of their intents doe now suffi­ciently lay open the trueth, when vnder pre­tence of withstanding the King of Nauarre, and hindering him from so much as the very shadowe of any vayne hope of succession, they dare presently take armes against our Kings Maiestie, and shake his Estate, so to make themselues Lordes vnder the couerture of a sacke dipped in a fewe Imaginary rights, as perniciously as lightly inuented. For good men will euer confesse that it is not propter Iesum that now they runne to armes, but ra­ther for the satisfying of their insatiable am­bition, whereof, how bad soeuer the intent be, yet will the effects be more detestable, except God take pittie vpon vs, and the people with the Kings good seruants doe open their eyes to see clerely into this matter, and to acknow­ledge it to be the catastrophe or last act of that Tragedie, which these wicked people haue long played in this Realm, vnder the shadow of zeale to Catholick Religiō, with the cloke whereof they goe about to shroude the most foolish, in an irreconciliable diuorce from the King their soueraigne Lord, and the naturall French Princes, and perticulerly against the sayde Lorde King of Nauarre, the neerest in [Page] bloud to his Maiestie, whose destruction lieth them more vpon then all the rest.

2 In his respect I will onely say, that the crime of Treazon whereof falsly they accuse him, ought not to be iudged by the sole occasion sayth Modestin, for the reuerence of the Prin­ces Maiestie, but for the trueth. Plinie wri­ting in commendation of Traian, sayth: The crime of treazon was wont to bee singuler, and almost peculier to him that could not bee char­ged of any other matter: wherefore Traian a­bolished the same, as one that contented himself with the force of other accusations, this Prince holding opinion, that sueh Monarkes as were so ieloux of their Maiestie, had none at all. And for the same cause was this kinde of ac­cusation likewise abolished in the tyme of Claudius, Adrian, Pertinax, Alexander, Se­uerus, and other good Princes, who deemed other publick accusations to be sufficient for punishment of euill liuers, how farre soeur they should forget themselues. Howesoeuer the case standeth, cōcerning the King of Na­uarre, he may yet more boldly speake in the presence and face of his enemies, then might Cruentius Cordus, beeing vnder Tybe­rius, accused for saying that Cassius was the last Romaine, when he shewed the Senat [Page 99] that they would punish him for his wordes, because his deedes were irreprehensible: For this Prince, thankes be to God, neuer offen­ded his King in worde, nor deede, neither can his sclaunderers either generally or perticu­lerly taxe him of any action nere to rebellion or disobedience: yea, the whole pretence that these trouble some persons do take of his Re­ligion, is suppressed & beaten downe by their owne ordinary and publick confession, by the Princes Edicts and declarations, and by in­finite other writinges, appro [...]ued in all the Courts of Parliament of this Realme. And in deede the whole rebellion & fellonie wher­with they may charge him, is, that he would not suffer the knife to cut his throate, but did quietly withdrawe himselfe out of the prease, when he see that his enemies would force him to beare infinite iniuries vnworthy his great­nesse. Otherwise, who can say that euer he re­fused the duetie, faith, obedience, and subiec­tion which hee is bound to yeeld to the King his soueraigne Lord? much lesse then that he hath cōspired against his person? that he hath sought to make himselfe King, or enterprized any thing preiudiciall to the aduauncement and peace of the French Commonwealth? Shewed hee euer any token of desire to bee [Page] named his Maiesties heire or successor? Hath he chaunged his garment, or augmented his Estate, for his approach to the King, through the euill hap and misfortune of this Realme growne vpon the losse of the late Mounsier, the Kings onely brother? Hath he called to­gether his friends, or craued the counsaile of Atturneyes, to learne whether himselfe bee now the neerest of the bloud Royall? Who can shew that euer he vsed any confederacies which iustly he might haue made, as King of Nauarre, and soueraigne Lord of Bearne, or did euer employ any other then to the seruice of the King, and wealth of this Crowne? who will bee so malicious, vnnaturall, and sence­lesse, as to impute to fellonie, y^e withdrawing, and cherishing of his fellowe Citizens, the professors of the same Religion wherein hee was borne, bred, and brought vp euen from his cradle, when he found them in like misfor­tune as himselfe, and oppressed with the force of their aduersaries, who vnder the cloake of the Kings authoritie haue often endeuoured to roote them out, either the withstanding of the stripes, and fortefying of himselfe for the safegarde of his life? Sith so soone as it hath pleased his Maiestie to stretch forth his arme to them, and to offer them such conditions of [Page 100] peace as himself liked of, with libertie of con­science, he hath not onely together with them vnarmed himselfe, and yeelded his Houldes into the handes and power of his Maiestie, and fallen downe at his feete, but which is more, haue returned their whole power toge­ther against those that haue come to his and their succour, (witnesse the siege of Newha­uen) and haue disunited themselues from all confederaties and Leagues, which in respect thereof they were entered into with straun­gers, and all this to the ende to submit them selues to the Kings good will, who hath liked thereof, and so confessed in all his Edictes of Pacification, with other the perticuler good deedes and fauours, which the sayde King of Nauarre confesseth to haue receiued of the hand and good will of his Maiestie, who hath freely and liberally for the wealth of his E­state, permitted to those of the sayd Religion, the free exercize thereof, notwithstanding the cōspired enemies to this Crowne, and to the Princes of the bloud, haue often gone about to bring into suspition the actions, not onely of the sayd Lord King of Nauarre, but also of all other the Princes of Bourbon, who onely of the Royall famelie doe remaine. Besides, I assure my selfe if any man would endeuour [Page] (as it were necessary and meete) by effectual reazōs debated in a lawful assembly of Gods Church, to enforme the sayde Lorde King of Nauarre, that hetherto hee hath bene decei­ued: and that his bringing vp in his Religion hath bene very bad, hee is not obstinate, but easely may be reduced and brought to submit himselfe to sentence giuen by force of Gods worde. In the meane tyme, we cannot blame him whō his mother hath noursed & brought vp in a certaine Religion, publickly permit­ted by his Maiesties Edicts and ordenances, for standing firme in the same, and desiring to continue in that which he beleueth to belong to his saluation. O Frenchmen, is it meete the Kings Edicts should stand the wicked in stead of a bayt, to roote out, & with the sword or guile more then barbarous to destroye, the hearts & liues of the Princes, whō God hath graunted 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 [Page 101] 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 cōfesse 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 [Page] 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 n [...]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 cōsider, 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 [Page 102] 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 [Page] 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 Alen [...]ō, 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 N [...]uarr [...], maried a daughter of Robert Earle of Arthois, sonne to King Lewes the 8. of Franc [...] 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 [Page 103] 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 Frāce, 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 [Page] 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 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 [Page 104] 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 [Page] 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 graū ­ted 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 [Page 105] 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 [Page] 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, [Page 106] before he tooke the holy orders of Priesthood had bene Mayre of King Clotaire the secōdsli. 5. ca. 5. lib. 4. ca. 17. li. 1. 2. part. hist. ann. 540 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,Vgo Ge­blac. lib. 6. cap. 7. ann 649 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,ann 693 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:lib. 1 in comp. but he had before married Mary daughter to KingAnn. 640. [Page] Clotaire the 2. after some, but as others say, Almabert daughter to Carloman Duke of Brabant, of whom hee begat a sonne named Martin,Sigisb, 687. sup­plē. Aim. lib. 4. ca. 45. lib. 1 lib. 10. decad. 1. lib. 11. ca. 109. lib. 2. illust. Neust. lib. 3. 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,Chron. volum. 1. lib. 2. Wass. lib. 2 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,Paul. Ac mil. li. 2 about the yeere 780. and thereof was termed the Saxon: he also led parte of Charles Armie against the Huns, about the yeere 791.Suppl. Aim. li. 4. cad. 82 Vrsperg ann. 792 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 [Page 107] 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.Gaguin, l. b. 5. 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,Sigisb. ann. 866 Otto li. 6. cap. 3. Reg. lib, 2 ann. 867. 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,Regino lib. 2. not­withstanding [Page] 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,Nic. Vi­gn. in Chron. Burgūd. 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 cō ­mon 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 [Page 108] to their armes as to their naturall Princes. Richard likewise begat Gisilbert Duke of Bourgondie,Paul. Ae­mil. lib. 3 Vgo Gē ­blac lib. 6. cap. 19. 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,Gng. lib. 5. Sigisb ann. 890 Otho Fris. lib. 6. cap. 18 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,Sigis. Abb. Vs. perg. V­go G [...] ­blac. 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,supplem Aim. lib. 5. cap. 43. 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 [Page] 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.l. fidei commis­sum ff. de cond. & demo. 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.l. uec e­niml. nā ira. l. si pater ff. de adop. 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 [Page 109] poste: but I will content my selfe with the re­presentation of the genealogie of the Capets aforesayd, wherby you see how they abuse vs. Wherfore let vs there leaue thē, and among our natural Princes let vs put of all passion, & iudge what is right, also what preeminence the one may haue ouer the other, both by rea­son and ciuil discourse. If it were to any pur­pose to lay open to the French, the rules of e­stablishment of a Tyrant straunger, an vsur­per of an Estate, there is no man (how great­ly soeuer affected to the fellonie which good men doe finde to bee now conspired against the honor of the King, and the Princes of the bloud Royal by these perturbers of the peace of this Crowne,) but would abhorre euen to heare the same spoken of. To conclude, there­fore I will now cōtent 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 [Page] 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 thē, 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 cōtent 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 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,Lib. 1. cap. 26. 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 [Page] 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, Coū ­ties and Marquisates.c. Imperi alē ff. prae te. ea de prohib. fend. aliē Per Frid. coll. x. Yea, Decius imita­ting Socinus, doth write, that amōg 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 ho [...]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 [Page 112] 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,Paul. Ac [...]. in Ludou. Crasso. 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,P [...]lid. in hist. Ang Paul. Aem. in Philipp. August. 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 [Page] Normandy, with other the Landes that the said Richard held in Fraunce, vnto Arthure sonne to G [...]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. [Page 113] An other solemne arrest passed in the tyme of Phil.Idem in Philipp. Val. 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,Renat. Chop. de Do­man. vnto whom by sentence of the Court the sayd Dutchie in the yerre 1341. was adiudged, because Charles of Blois shewed, y^• by the custumes of Brittaine, the succession belonged to the eldest, thē to the second, and lastly to the third: thereupon inferring that his wife, daughter to the second, did represent the same person. But where the house of Montfort did after­ward enioye the same Dutchie, that came by vertue of a certaine agreement afterwarde made at the entrie of Charles the fifth in the yeere 1364. An other sentence passed in the tyme of Frances the 1. in the yeere 1517. for the Countie of Foix, and other the landes be­longing to the same famely, betweene Odet of Foix Lord of Lautrect, and Villemur, and Henry of Albret King of Nauarre, Grandfa­ther to the King of Nauarre now raigning: for Gaston of Foix, and Eleanor of Nauarre had two sonnes, Gaston the eldest, and Iohn [Page] Vicountie of Narbonne the yonger:Garib. in hist Nauar. li. 33 Gaston dyed before both father and mother, leauing suruiuours by his wife Lady Magdalem of Fraunce daughter to Charles the seauenth two children, Philip Phebus and Ratherine, whereupon their Vnckle Iohn Vicountie of Narbonne, hauing maried the sister of King Lewes the 12. made suite against the sayde Phebus his neuewe, pretending eldership by the decease of his brother Gaston: The cause pleaded in the Court of Parliament, was by the Counsaile compounded in the yere 1488 but soone after began againe by Gaston of Foix Duke of Nemours, sonne to the sayde Iohn, being in great fauour with his Vnkle King Lewes the 12. but because hee dyed at the battaile of Rauenna without issue, it see­med this processe might haue ended, but it fell out otherwise, for Odet of Foix his Cossen and pretended heire, tooke the same cause in hand against Katherin sister to the sayd Phe­bus deceased, and proceeded so farre that by arrest of the Court in the yeere 1517. he was put by, & the sayd Coūtie together with other the Lordships of the same famelic, adiudged vnto Henry of Albret sonne to the sayde Ka­therine, and his posteritie, of whom, as is a­foresayd, is discended the now Lorde King of [Page 114] Nauarre.Polid. Verg. in hist. Ang. 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,Phil. dec. cōc. 44. 2. part. 3. volum. Nicol. de V­bald. in tract. de success. ad inte­stat. nu­mer. 62. he was deposed, and his Cossen Henry sonne to Iohn Duke of Lan­caster set vp in his place. In Portugall King Alphons the fifth had two children, Fernand, and Henry, who beeing the elder deceased before his father, leauing a sonne named Iohn: after the decease of the said Alphons, the said Iohn commonly called Iohn the second, whō the common Histories doe falsly terme sonne to the sayd Alphons,Garib. lib. 22. Osor. lib. 1. hist. Lu­sit. 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 [Page] his great Vnckle Henry,Tiraq. de Iur. primog. quaest. 4. numer. 5 [...]. 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.Marian. Sicul. 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 [Page 115] soone after he forgat, and sent out his Letter sealed with gold, and his owne Image there­in grauen, to his subiects, repugnant to the former, and by meanes of the same by forc [...]e­stablish [...]d Sanxi his seconde sonne, so as the orphelins were not ouercome but with the swor [...], without any shewe of reason, as the hi­storie doe import.Iust. lib. 23. 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.Witi­chind. lib 2. Si­gis. in. Chron. circa. annū. 942. In Germany, vpon the like contro­uersie vnder Henry the 3. & after vnder Ot­tho the Great, the histories doe report that the States of the Empire met and agreed that this debate should, as the custome of that time required, be ended by a cōbat, wherein the de­fendants of the cause of y^• neuew sonne to his brother y^t would haue had his fathers roume were conquerors, and thereupon the sayd E­states did so conclude and adiudge it. More solemne also is the sentence which Licurgus the true Oracle of humaine wisedome, gaue in his owne cause, about the 17. Olimpiade, & in the time of Numa King of the Romaines:Plut. īn Lycurg. Iust. lib. 3. for wee reade that his father Enomus King [Page] 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,Pausan. lib. 3. Cleonimus and Acrotatus the elder, who dying beforr his father, and leauing his sonne Areus, the Realm came in question be­tweene them, where sentēce 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,Oldrad. cōc. 224 Bald. in l. liberti C. oper. libert. 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, [Page 116] whome our Doctors terme an other Salo­mon,Iohn. An dr. tn ad dir ad specul. in tit. de feud. 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.

[Page] 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, l. 1. C. de Priuil. dot. l. e­tiam ff. solut. ma trim. 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,l. vt inte­stato C. de suis & legit. l. posthu­morū ff. de in­iust. rupt. 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 [Page 117] his father, if he had liued, should in his Grād­fathers 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:Paul de Cast. cōc. 264. in 2. part. Ol­drad. cōc. 224. 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,l. Lucius ff. de haered. inst. l. 1. C. de condit. insert. 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, [Page] to the landes and noble Lordships of the said Thibault. Secondly, it was determi­ned that the free borne childrē were not bound to lay together their owne goodes in perti­tiō 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 groū ­ded in his demaund.Nouell. [...]18. cap. 2. & nouel. 127. cap. 1. nuth. ces­sante C. de legit. h [...]red. 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 [Page 118] 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.l. quae de tota ff. de rei vend. 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,Genes. 11. 13. & 13. Nouel. 118 ff. ceterùm. in the succession of their generall father Thare. In the collate­rall ligne, the text of Iustinians nouell saith, that the neu [...]we sonne to the brother succeedeth in such part as his deceased father might haue done: why thē 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 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 [Page] 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,l. dedit do­tem ff. de coll. bonor. so as the same right whereby the Daughter maye force her Grandfather to marrie her, is in consideratiō 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,l. si operarū l. à duob. ff. de oper. li­bert. 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 [Page 119] 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 [...]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,e. quam pe­riculgsum 7. q. 1. Ius prioris aetatis, honorificum & vtile competens filio, quia pri­mus est in ordine nascendi. So consequently [Page] 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,Genes. 36. Decius cō ­cil. 443. in 2. [...]arte. Abb. cōc. 85. Andr. Siculus concil. 10. l. emacipa­tum ff. fin. ff. de senat. l. diuo. C. de quaest. l. vt Iuris­ [...] trandi ff. si liberis ff. de oper. libert. 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,Paul. de Cast. cōc. 294 in 2. part. Oldr. conc. 224. 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,Bald. in l. cum anti­quioribus C. de Iur. [...]elib. but more truely it is termed continuation, represematiō, 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 [Page 120] can not perish by the death of the father first borne,in l. is po­test. ff. de acq. haered. 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,l. non solū ff. de rest. in integr. l. haered. C. ap Vell l. minor. ff. fin. & l. seq. ff. de mi­nor. 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,l. non im­p [...]ss [...]oile ff. de pact. 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 [Page] 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,l. si pactum ff. de pro­bat. and belong to the sonne of the elder, to whom the lawe hath had regarde, no lesse then they qui paciscūtur, tam haeredibus, quàm 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 condi­tiō accōplished,l. vnic. ff. sin autē C. de cad. toll. 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: [Page 121] so that so long as any portion or rellique of this senioritie shall remaine,l. 1. C. de testa. tut. l. si quis sub cōditione ff. cod. no other cā take place by any meane whatsoeuer: euen as wee doe mainteine that how small soeuer the to­kē 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 viscerum patris primo ge­niti excludet secundò genitum. l. 3. ff. vl. csi seq. ff. de assign. li­bert. 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.c. 1. de na­tur. succ. feud. cap. 1. de success. feud. March. 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 [Page] 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,l. 1. ff. si ta­bul. test. null. ex tab. l. 1. ff. de success. Edict. 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 [Page 122] comming of the house of Bourbon, expressely acknowledging his sayde neuewe the Lorde King of Nauarre, for the true sonne, heire, successor,l. 1. C. de pact. l. de fidei com­misso. C. de trausact. c. cum cō ­tingat x. de jurejur. cap. ficet eodē in 6. cap. quāuis de pact. in 6. 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 [Page] Cardinalles authoritie.Dionys. Halic. lib. 1. 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,Pausan. lib. 3. 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 [Page 123] 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,idem eo­dem libro. 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,Aimoin. Monach. lib. 3. cap. 62. 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 [Page] King of the Wandales,Procop. lib. 3. 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,Strabo lib. 16. among whō, sayth Strabo, the prerogatiue of yeres was relligiously obserued, in consideration whereof sentence passed for Corbis the eldest against Orsna his Cossen,Liu. lib. 8. decad. 3. and sonne to the last King, whose controuersie was decided by a Combat. But in France we regard not the age, but onely the order of senioritie, wherein the neuewe continueth by substitution of him in the roume and place of his father, the pre­rogatiue of the sonne. The like was obserued in Barnarde sonne to Pepin, Charles the Great eldest sonne, before whom was prefer­red to the Empire Lewes the Mecke, second sonne to the sayd Charles. But this example may most easily be aunswered, because it was the same Charles their common father, that had deuided his Dominions among his chil­dren, and had giuen Italy to Pepin his eldest sonne, which also was reserued to the sayde [Page 124] 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.Onuphr. de Comit. Impor. 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,Paul. Acmi. in Philip. Pulch. 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 [Page] 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,1. l. ff. de vsucap. 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, [Page 125] betweene Henry the seconde sonne of Earle Thibault,Geofroy Ardoin du voyage de la terre saincte. & 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,Collenut. in hist. Neapol. 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. [Page] 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,Bald. in l. liberti C. de oper. liber. Oldr. conc. 224. Panor. conc. 3. in 2 parte. 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,Guichard. lib. 1. hist. [...]al 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 [Page 126] 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,l. pater filiū ff. de in of. ff. 1. de leg. agn. success. 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.in sue pra­tict. rit. de success. feud numer. 63. 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 [Page] quarto gradu. l. filio quē pater. ff. de iniust. rup. 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 matters, wherein can no roume or place be found but for one, in which cause it is more meete to preferre nature, that is to say, the vncle, who naturally is nearest rather then the Neuew, who can not bee so accomp­ted, but by the fiction of the Emperours de­cree, & the vnproper explication of the worde proximus, l. 3. C. de legit. hae­red. which is yet more odious, because it conteineth alteration of the Law, whereby the neerer onely is admitted to succession: and in the same cause the Emperor Decius spea­king to the sister of the deceased, writeth, Vn­to thee rather, that art in the second degree, doth the inheritance belong, then to thy bro­thers children, who are in the third: Because also, in cace of inheritaunce wee admit rather the immediat cause, then that which is farther of, according to y^• that is argued, de eo qui filio impuberi sub hac formula substituerat. Quis­quis sibi haeres esset. So that it was not in vaine that the Emperours Theodosius and Valentinean the third saide,l. fi viua c. de bon. matem. that in this cace the children should not be made worse then the [Page 117] Neuewes, who are neerer then the elder bro­thers Sonne in both age and degree. Thus they should be thought more capable, so that in what so euer concerneth the Neuewe.l. commo dissimè ff. da lib. & Posth. The cause of birthright ceasing, the effect also should be none: because a cace by Lawe omitted, is to be adiudhed os omitted, otherwise this writer addeth a trimme consequence, which impor­teth, that in the cace now in question, the chil­dren of the late Lord Prince of Conde, being foure in number, should deuide with their vn­kle the sayd Lorde of Bourbon and the King of Nauarre their cousen, whereby the succes­sion of the Realme of France should be deui­ded into three partes or portions.

The first heades of this Reason might bee true, if we should consider the Neuewe onely and in his owne person, but in this action we regard him as substitute in the continuation of his late Fathers right, and yet not by any extraordinary fiction or priuiledge whatsoe­uer, as they say, but by the proper interpreta­tion of the Lawe, and mans naturall motion, whereby the father is said to liue so long as the sonne remeyneth, and the senne is termed the naturall portion of his fathers body, so that it is no odious explication, but by our men is called an extensiue interpretation by naturall reason [Page] induced, which neuer was forbidden, but con­trariwise haue alwayes iustly bene receiued in caces most stricely obserued, and such as can not beare euen the least alteration that may be. Consequently therefore, although before Iustinians brothers childrē could not concurre with their Vnckle in collaterall ligne, (because the auncients would not cor­rupt, but so little as might bee the degrees of kindered,) yet this Prince considering that there is no greater reason to make this substitution and paternall continuation in direct ligue then in collaterall,Nouell. 118. ff. cae­terùm. also that nature of her selfe was each way alike, he did iustly and natually in all sortes of successiue lignes, continue the person of the father by the substitution and succession of his posteri­tie: which hath also bene imitated in feudall customes,c. ad audi entiam c. cū dilectus de cler. non resid. as is aforesaid. So that to omit no­thing, ex eo nec prior aetate, nec gradu pro­pior patruus iudicari poterit: quin & causam huius successionis in nepote conspicimus. The effect whereof should withall ensue, without thinking this case omitted, sith that by natu­rall interpretation, an other like to the first doth followe: or rather to say the same which is considered of the father in the person of his sonne: whereof the second brother cannot cō ­plaine, [Page 128] no more then he that hath promised or constituted some reall seruitude for the bene­fite of his neighbours land,l. 1. ff. pe­nult. ff. de aqua plu. arcend. which afterward was obteyned and fallen into the handes of many and diuers heires: of whom euery one vseth that whole seruice, so as if the maner thereby be ouer sore charged, yet as is the Lord of the seruing manor compelled to suffer it, as be­ing the nature of the thing. And merueilous vnlearned is the consequence that our Attur­ney maketh, when he sayth, because the King of Nauarre will haue like degree of proximi­tie as his Vnckle, therefore the children of the late Lorde Prince of Conds might saye as much: for it is euident to all men that the King of Nauarres reason hath no communi­tie with the pretēce that this man imagineth of others, because the sayd Lord King of Na­uarre representeth the elder, and is substitu­ted in his roume & place, by vertue of which substitution he excludeth not his Cossens on­ly, beeing children to the yonger, but also the sayd Lord Cardinall, who had bene more ca­pable then they: whereby wee are come to the rule,l. de a coes. sionibus ff. de ch­uers. & tem. prae­scrip. If I ouercome him that ouercōmeth thee, much more shall I ouercome thee, considering that the Realme and soueraigne Lordship is not yet subiect, iudicio familiae Hercis. neither [Page] can brooke the light of two Sunnes.

9 Yet are we to annswer the deduction of Iames de Per. where he saith that the reason why Robert King of Sicill, Lewes Duke of Bourbon, and Robert Earle of Arthois suc­ceeded not Charles y^• Faire King of France, but that Phillip Earle of Valois, his Cossen germaine, obteyned it, was, because hee was found to be in the fourth degree to the decea­sed King, and the Earle of Arthois in the 8. and the King of Sicill in the 7. But imme­diatly he cutteth off himself againe, when he confesseth that the Duke of Bourbon was also in the 4. and therefore by reason should as soone haue succeeded, not that we must deny that the succession of the Crowne of France, non deferatur proximiori agnato, but I saye first, that we haue more then sufficiently vere­fied that the sayd Lorde King of Nauarre, is not vlterior gradu, then the sayd Lord Cardi­nall his Vnkle, and that according to naturall and ciuill reason. But I will moreouer add in the example by this writer propounded, that the proximitie of degrees was not the cause of the alleadged iudgemēt in fauour of Phil. of Valois, but it was because certainly when once the succession of a Realme is entred one ligne and progenie, the rest of all that braunch [Page 129] must faile before we may passe into an other, or inhable the same, how neere soeuer it bee. The reason is most euident, because sith the King­dome is gotten to their kinsman, they al are ac­compted more capable then any other kindred, feudorum exemplo, wherein to them onely, and to all those that are of the same ligne whereof the deceased was, the commoditie doth apper­teyne, and that is it that is sayd ad proximio­res deferri, because these are accompted proxi­miores in respect of other lignes. These are the wordes of the text in feudall cases. [...] 50. This was the reason why the King of Sicil, neither the Earle of Arthois could pretende nothing in the Crowne of France, which once obteined to S. Lewes, excluded the ligne of the afore­sayd, who discended of Robert Earle of Ar­thois, and of Charles the first King of Sicil, children to Lewes the 8. and brother to S. Lewes. Likewise Lewes Duke of Bourbon could not bee admitted to make chalenge to the same Realme, because hee was sonne to Robert of Fraunce, the yonger sonne of the sayd S. Lewes, whose succession was entred into the ligne of Phillip the 3. surnamed the Bould, his eldest sonne, of whom came two sonnes, Phillip the Faire, who was King by right of eldership, and Charles Earle of Va­lois, [Page] father to the sayd Phillip, true successor to his Cossen Charles the Faire, sonne of Philip the Faire, who both were come of the braunch of the sayd Phillip the Bould, eldest sonne to S. Lewes. The like obseruation fell out after the decease of Charles the 8. King of France, to whom succeeded Lewes the 12. sonne to Charles Duke of Orleans, & after him Frances the 1. sonne to Charles, & pettie sonne to Iohn Earle of Angolesme, both discended of Lewes Duke of Orleans, sonne to Charles the 5. surnamed the Wise, whose comming to the Crowne procured his posteritie to be by right preferred before all o­ther the Princes of Bourbon, then being, and those of Alencon borne in direct masculine ligne of Sir Charles of Fraunce, youngest sonne to Charles of Valois, and brother to Phillip of Valois King of France..1. ff. pro­ximus ff. vn. cogn. l. cùm ita ff. fin. ff. de leg. 2. The se­cond consideration is, because by the lawe of the Realme, the neerest must succeede to the Crowne: but be must be proximior at y^• tyme of deferring the inheritaunce,l. A [...]ethu­sa ff. de stat. hom. and when the succession is open, as si familiae fidei cōmissum debeatur, hi ad petitionem admittuntur, qui ex nomine defuncti fuerint, eo tempore quo testa­tor moreretur, & qui ex his primo gradu pro­creati sunt: in which case hee is called prior, [Page 130] whom none preceedeth,l. 3. ff. ff de tracta ff. de nox. act. Bald. in l. 2. C. de iur. [...] phiteut. because prius and po­sterius doe consist in the tyme, & that the qua­litie (say our Maisters) in a conioyned worde must be expounded after the time of the word: namely, it wee should otherwise meane, and would note eldership at the tyme of the birth, there must ensue an euitable inconuenience, which is, that y^• eldest dying, the second should neuer take his rouine, because he first inclu­ded himself to the excluding of an other: which in this argument is vtterly false, wherein by the decease of the elder, the second is without doubt made the first borne, for in effect, par est talem esse, aut ex post facto talem fieri, neither can this qualitie of senioritie beare any com­parison betweene the elder deceased, and the yonger suruiuing, whereof it followeth that the dead being vnhable, as not being in rerū natura, his some must haue the like barre, as succeeding in the person of his father.

Al these gay reasons might take place and were to be considered if the sonne of the elder non esset in medio, neither were the discourse of the same any hinderance, for by him and in him pater primogenitus, censetur viuere tempo­re delatae successionis, and in troth, extante ne­pote, inclusio primogeniti continet exclusionem secundi, sith that filius fratris fratr [...] aequipara­tur, [Page] & ita succedit atque pater si viueret, ff. caete­rùm No­uell. 118. sayth Iustinian: also this new constitution, facta in casu vero, extenditur ad alterum vero aequipa­ratum, after the opinion of Paule de Castro in his explication of Sceuola, vpon y^• Coun­saile of Gallus, together with many other skilfull persons: so that the father is not quite extinct while his sonne liueth, l. cùm pa­ter ff. hae­reditatem ff. de le. 2. though by a new soule, he be a new man, neither saith Papinian in totum falsum videri, quod veritatis primor­dio adiuuaretur. So that though the Vnckle cannot be termed yonger in respect of the el­der deceased, who neither in himselfe, neither in any qualitie y^t wee may suppose vnto him, is any way to bee regarded, yet when he shall beholde his neuewe, the successor, continuing and making a part of his late father, he shall finde a faire argument, and obiect of compa­rison of the others senioritie with his iunio­ritie. First, this principle is not alwaies true, neither doth the habilitie or inhabilitie of the father perpetually take holde of the children. As for example, eius qui ante amissam patris dignitatē natus fuerit: Againe, de liberis illius liberti, qui in seruitutem redactus sit. To bee brief, herein we may say as Alphons teacheth vs: The father taketh not from the children those things that kinde, Countrey, and nature [Page 131] giueth them, liqueritue l. de bon. ff bert. as is y^• right of eldership, which is truely set in the person of the father, being eldest of the house, but it is graunted to him and his by the lawe, custome, and common or­der of the Realme: and therefore is transmis­sible to his children. Moreouer, the deduction made by those of the contrary opinion, might be admitted, si per filium patri incapaci quip­piam quaerendum foret, and not otherwise, as we find illius exemplo, qui ex haeredatus liber­to patris succedere non potest, eius tamen filius emancipatus non vetabitur. supra in rat. nepo [...]. And in one word, the incapacitie, or inhabilitie of the father, might hurt the sonne afterward borne, but not him that were begotten before, to whom his fa­thers calamitie can be no detriment: so that the right of eldership being perfect, sound, and to the father obteyned in his life tyme, is conti­nued and transferred to his posteritie.

The third reason is, that the right which is not obteyned, cannot in any whatsoeuer qualitie, bee transported or transferred to any heire whatsoeuer: and therefore wee doe vsu­ally say that haereditas nō adita, non transmit­titur, as doth not also the age, which is inse­parable from the person, and which beeing in question, we haue no more respect to the suc­cessor then to his predecessor: now the right [Page] of eldership proceedeth of the yeres,l. ca quae C. de tem por. in in­tegr. restir. and pre­cedent light of the deceased father, who ne­uerthelesse did neuer obteyne the succession in his life tyme,l. si pater­fam. ff. fin. ff. de dop. ff. mino tē de adopt. as not being open, & so it fol­loweth that the sonne of the elder can pretēd nothing, neither could the father obteyne to him the right of his yeres, wherein the sonne were more to bee considered then the father deceased, as Constantine writeth, si minor minori successerit, ex illis persona restitutionis tompus connumerari.

To this obiection the aunswer is easie, be­cause we haue already shewed that the right of eldership is perfectly obteined to the eldest so soone as he seeth y^• light of the world, and is made man, and the §. pro secundo which is alleadged to the cōtrary, hath relation to that which presently is not obteyned, neither in hope, but may be altered by the onely change­able will, euen vntill the death of him whose goods are in question. Therfore in this mat­ter wee argue not about the transmission, [...]iraquell. in tract. primoge­ [...] nu­mer. 109. or transferring of the life and yeres of the elder deceased into the person of his sonne, but on­ly of the right and preeminence that his se­nioritie hath brought him, which being in him is according to the former discourse cōtinued in his posteritie.

The fourth obiection is taken of the vul­gar consideration obserued in the common dispositions of euery one, to call into the first degree their owne children, and then their neuewes after their degrees and order of na­ture, which is euident in the coūsaile of Gal­lus Aquilius,l. cū pater. ff. penult. ff. de leg. 2. and more expressely in the aun­swere of Papinian in two places, wherein he acknowledgeth, inter liberos ordine, gradu fi­dei commissi praescriptos, Paul. de Cast. con­cil. 164. Oldr. cōc 224. ex ordinata affectione defuncti, quae cadit inter personas sub eadem al­ternatione comprehensas.

This reason were hard to be decided, if we would consider the neuew onely in his owne person and cause, but we haue often sayd, that in deede in his own right: but by his father suc­cessiuely, he cōtinueth the same right of elder­ship that his deceased father had, for the which as first borne, he is in the first degree and or­der of succession.

10 The fifth reason is taken of that wee knowe that the same degrees that are obser­ued in tutele, are likewise kept in succession. But it hath bene decreed of the sonne and ne­uew concurring together for the tutele of the fathers libertine, the sonne onely remaineth tutor, and not the neuewe, sonne to the decea­sed brother the like therefore must bee obser­ued [Page] in matter cōcerning the successiue right of the one and the other. In this argument the Doctors that make the obiection, doe not note, that the same was first aduised, for the benefite of the neuewe, ne oneri tutelae astrin­gatur. Secondly, that the reason of tutele is perticuler for the wealth and benefite of the pupille,Pano [...]m. conc. 32 pas Paul. de Castr. & Panor. in Conci. supra al­leg l. 1. C. de haered. tur. to the ende the eldest of those that are capable of the succession, may only be admit­ted his gouernour. Besides the qualitie of a tutor resembleth the procuration and preemi­nence which are not trāsmissible to the heires of whatsoeuer condition they be: wherof pro­ceedeth the reason, [...]. si liber­tus ff. 1. ff. de bō. li. bert. whereby alio modo tenen­tur tutores, aliter ipsorum haeredes conueniri so­lent. Finally, sith the succession of the libertin is in like sort disposed of, the like regard must be had in the delation and decree of tutele: for Iulian writeth, si libertus intestato decesserit relictis patroni silio, & ex altero filio duobus ne potibus, nepotes non admittētur, quandiu filius esset, although it bee otherwise in ingenuorum successione, because the right of patronage is meere personall, itaque non transmittitur, at verò in ingenuis: the naturall affection of the father to the sonne, or of the Grandfather to the Neuewe hath caused this representation to be euer obserued in the direct ligne, and af­terward [Page 133] in the collateral, ex cōstitutione prin­cipum. And we also see that the goodes of the deceased libertine, are parted by the number of heades among the patrons neuewes, con­trarie to disposition of common right in free persons, whose vnder Children doe distribute the succession of their Graundsire by stockes,l. cū pater ff. pluri­bus ff. de leg. 2. c. quibus 20 dist c. fin. 84. distinct. c. sciendum 26. b. 3. in consideration of their Fathers already de­ceased.

11 Sixtly they obiect, that the gouernmēt of y^• sayd Lord Card. is more necessary to the realme, because he is of more yeres, and ther­fore better aduised, more prudent and capable of publike knowledge in the worlde. But this presumption sometime deceiptfull, ta­ken of the yeres of the successor, must not bee preiudiciall vnto the right obteined to a third, especially this third beeing capable of discre­tion and iudgement as is the King of Na­uarre, who goeth now in the 33. yeere of his age: but also more perticulerly in the succes­sion of this realme wherein, so farre are wee from preferring the eldest, that euē our selues doe admit children in their Cradles and In­fancie to bee our lawfull Kings, as apeareth by the Historie of Sainct Lewes, who was consecrated ween hee was but nine or tenne yeres ould: of Iohn sonne to Lewes Hutin, [Page] borne after his fathers decease,Puul. Ae­mil. in Lu­don. 9. idem in Hut. idē in Carol. 8. who liued but fifteene daies, and dyed in his Iorney toward Rhemes to bee consecrated: of Charles the eight, who was crowned in his infancie, as also was the late Charles the 9. in our tyme. The like whereof haue bene very religiously obserued in all successiue Realmes and king­domes: In Iudea and Hierusalem, Dauid, Salomon, Azarias, Manasses and Ios [...]as were annointed in their youth. Augustulus a yong childe was Emperour of the West, al­though in his nonage, whereof, saith Procopi­us, he was named Augustulus. Athalaricus was but eight yeres ould when hee succeeded in the Realme of the Gothes, vnder the go­uernment of his mother Amasasiuntha: Bal­datus being almost in his Cradle, was King of the Lombards. Sapor was declared Mo­narke of Persia in his Mothers wombe. He­rodotus rehearseth the Historie of Aeropus King of Macedonia, who being in his swath, was caried in the Army against the Illiriās, and presented to the Souldiers, who seeing him, were so embouldened, that they defyed their ennemyes, and expelled them their coū ­trie. To be briefe: Agathius maketh menti­on of the auncient Lawe of our French men, whereby the children how yong so euer, were [Page 134] called to their fathers Realme.

Their seauenth obiection is drawen out of a rescript of Pope Innocent the third,edicet ext [...] devot. where­in he threatneth Andrewe, the second sonne of Bela the third King of Hungary, that if he fulfilled not his fathers vowe in going in­to the holy land, he would trasport his crowne to his second brother: to which iniunction the sayd Andrewe obeyed very carefully, and af­ter for beating the Soudan of Babilon, was surnamed Hierosolomitan. But touching our question, it doth not in the text appeare that there was euer a Neuew, sonne to Andrewes brother, that might resist or make head a­gainst the second brother: so that this decre­tall maketh nothing to the purpose, no more then the discourse of Pope Clement the fifth against the Emperour Henrie of Luxem­bourg,c. lem. pa­storalis de re jud. in fauour of Robert the second King of Sicile, whome vsually they alledge in the proofe of their aduice.

The eight reason by our Doctor allead­ged, is taken of the rule of auncient right,l. 68. ff. de reg. jur. whereby wee ordinarely saye, that where the condition of the person maketh place for the be­nefite, when the one faileth, the other also peri­sheth. But the age and perticuler forebirth gaue this priuiledge to the late Antony of [Page] Bourbon King of Nauarre: therefore his Sonne cannot haue the like right, as, not ha­uing the sayd qualities: besides that, when the Lawe hath giuen any thing to the sonne, the same neuer passeth the wordes of the de­cree, as ordinarely we say, tutorem datum, ne potibus ordinatum non censeri.

This reason conteyneth the same that the former: and so to be aunswered, that it were to true, if the person were the onely cause of the priuiledge, as appeareth in the consulters examples. But wee haue sayd before, that in our question we regarde not so much the per­son of the elder, as the qualitie in him residēt: whereby the right and cause of succession is to him obteined, which is not extinct with the person, sith now it cleaueth to his cause and goods, like as we say that it is the reason why restitutiones in integrū adolescentibus concessae haeredibus illorum competunt, quia laesionis oc­casione minoribus indulgentur, eademque ra­tione S. C. Vell [...]iani exceptio succcessoribꝰ qui­que prodest. Item actionis funerariae priuilegiū haeredi, ac caeteris successoribus non denegatur, & tempus iudicatis datum haeredibus proficit: so that sith this qualitie of eldership hath per­fected and obteyned this right and cause of succeeding the deceased father, he shall seeme [Page 135] to haue transferred the right that hee had in his goods to his sonne. Who also shall be ca­pable of a more personall priuiledge of his fa­ther: for in trueth by the order of lawe, if any thing resteth in actions, petitions, prosecu­tions, or lawe, it shall bee numbred with the goodes. So that in this argument, sith the right and cause was in the father perfect and absolute, wanting no more but execution, it will not bee amisse to say that the same right may be said to be comen to him, as in lege Ju­lia, that worde peruenit Vlpian taketh for ac­cipiendum. For notwithstanding succession should neuer fall or take effect in the person of the eldest, yet hath the lawe made him du­ring his life possessor of successiue possibilitie and qualitie: so that he hath obteyned that right to himself both vnweting and vnawares, which proceeding of the authoritie and ver­tue of the lawe is transmissible: and as depen­ding of the cause and matter, is to the sonne transferred, who is part and portion of his fa­thers bowels, as we haue sufficiently shewed, and thereof it ensueth that the elder had not this in his owne person onely, but rather illud idem in persona ipsius residebat, l liberoaū ff. de ucrb. signif. ab ea tamē di­uersum & seperatum, illudque idem est, acsi non filio, id est, certae personae lex ipsa detulerit, sed [Page] liberis. i. genero, & cognato primogenito datu [...] fuerit, ff. fin. de satisd. a­pud instin. which may stand for an aunswer to the text before alleadged to the contrary, of him qui filio tutorem dederat vt nepoti dedisse non videatur.

12 The last reason is taken out of the text of the custumary of the towne of Paris, the head Cittie of the Realme, whereby the vni­uersall Estate thereof should be ruled: Now by the same it is expressely inferred that the representation can take no place in collateral ligne,ff. placebat de legit. agn. suc­cess. No­uell. 118. & 127. except betweene the brother and the brothers sonne, in the pertition of their decea­sed brother and vnckles goodes: neither hath our writer forgotten to say that it is the order of the Romaines lawe conteyned in the aun­cient decrees of the Emperours, before the which in the olde decemuirall law, there was no representation in collaterall ligne.

Herevpon wee maye alleadge reason of double difference, first in respect of the Ciuill law, which hath had no consideration at all of enheritaunce vndeuided, and not subiect to pertition amōg successors, as also it hath not respected senioritie or innioritie of the heires of the deceased, but being in like degree, hath equally acknowledged them in the succession to them fallen: whereupon it followeth, that [Page 136] sith contrary to our pollicie, moribus & ferè iure gentium omnium instituta, require these two qualities in the obteyning of a Realme, that is, that onely one and he the neerest: but a­mong those of equall degree, the first borne bee preferred: The same lawe, and obseruation of birthright, might and ought therein to haue perpetuall place of representation, which it hath as is largely before discoursed: so that to argue betwene the qualities of ciuill and Ro­maine enheritances, and ours both politicall and quite altered, there is, vnder correction, no purpose, reason, or apparance.

The other reason shal concerne the article of the customary of Paris,cap. 1. pa­rag. praete­rea duca­tus de proh. feud. alu [...]n. vbi Bald. which cannot bee vnderstoode of the succession of the Realme, because therein the neerest successor to the Crowne, is not therefore called heire of the King last deceased, (to cause in this contro­uersie, the cōmon rules of successors are to be obserued) but the Realm belongeth to him in vertue of the common lawe thereof, whereby the next male of the bloud Royall must suc­ceede, not in qualitie & as owner of the goods of the last enioyer of the Crowne,Alexan conc. [...] Bald [...] digna [...] deleg. but by his birthright, although in troth, in whatsoeuer concerneth Commonwealth and commodi­tie, he bee bound to keepe and obserue the co­uenants [Page] and agreements of his predecessor, and therein onely may he be accompted heire to the King whom he hath succeeded.

These bee the strongest reasons that those of the contrary opinion can alleadge, which also I haue further augmented then our wri­ter, least it should seeme to the learned Law­yers (to whome onely in this last article I meane to speak) that I would omit or dissem­ble any thing that thei could imagine against the trueth, which by this meanes I thincke to haue layd so open, for that euery one may per­ceiue it an easie matter to aunswer all their friuolous allegations, by the grounds of the knowledge of the lawes, which both the one and the other would vse. Wherefore there is no more for the Frenchmen to doe, but when occasion shall fall out, to resolue vpon the most certaine and reasonable opinion for the sayd Lorde King of Nauarre, sonne to the elder brother, allowed by a great number of Doc­tors both Canon, and Ciuill, euen by the two notable lights of the Lawe, Innocent for the Canon lawe, and Barthole for the Romaine pollicie, who make no difficultie thereof, nei­ther is the doubt dispersed ouer the Land to any other ende, but to destroye both the one and the other, and so to giue opportunitie to [Page 137] a third, to become Lord of the Realme, vnder whom this Estate will neuer florish, and the tyrant, the instrument of the deuill, who durst enterprize the same, shall perish miserably with all such instruments as to that effect he may haue vsed. Let therefore the perturbers of the peace of this Realme, if they be, I say not Christians, but euen men, capable of na­turall reason, ponder, not the politick Iustice of the societie of this ciuill life, but onely the hazard wherin they shal at once plunge their memorie, honor, wealth, life and soule: and they shall see, vnlesse they will wilfully bee blind, those men that shal most employe them selues in fauour of the detestable conspiracie now discouered by all good Frenchmen, re­maine also ouerwhelmed in the greatest mi­serie and ruine, which shall leaue vnto them more affliction without comparison, then to the veriest clownes and poorest pesants in the countrey, ouer whose bellies they shall so of­ten haue marched: because at y^e least, the life, peace of conscience, and diuine vengeaunce, shall staye in fauour of these: when the o­thers may assure themselues of the losse of the loue of God, the light of the worlde, and their good fame with y^e posteritie, for hauing tain­ted their hands in the bloud of their Kinges, [Page] Princes, and fellow countrymen, and for euil entreating them, and assisting the Tyrants, tormentors of their consciences, and abusers of the honors that they haue receiued of our Kings, and the Princes of the bloud of the house of France. Let them marke the mise­rable ende of Absalon, and Achitophel his counsaylor, against the Maiestie of Dauid: of Adonias, Athalia, and infinite others, who with their conspiraties haue dyed in confusiō and miserie. Oh noble Frenchmen, will you abide in the world, I will not say to looke vp­pon, but which is more, to hasten and aduance the cursed drift of the translation of the scep­ter of the Flowerdeluce, out of the hands of your King, and the Princes of his house, to whom only you doe owe your condition, your welth, and your very life, not in courtesie, and honestie onely, but by Gods expresse cōman­dement, who hath therewith burdened your consciences? Wil you more then villanously forgoe that great commendation which all nations in the world haue so greatly commē ­ded and honored in you, for being more faith­full and ielous of the hononr and seruice of your Kings, and Princes of their bloud, then any nation that euer was vpon the face of the earth? Will you stand as instruments, and [Page 138] offer the ladder to those y^• wrongfully would make them selues Kinges, and cause you to commit the most abhominable fellonie that euer was conspired? Doe you not plainly see that those who doe sollicite you, are not able to vphoulde you, as hauing no other meanes then such as your enemies minister vnto thē, to whom both you and they shall serue for pa­sture the next day after? Is it not most cer­taine that they cannot pretend, sith God hath giuen vs a King, (I will speake without s [...]at­terie, as wanting the honor to bee knowne of his Maiestie,) of whom the least of them can not saye the pertinent occasion of his discon­tentment? but yet, when GOD shall haue wrought his wil vpon him, are ye not certain who ought to be his successor? Liue you not vnder a Christian Monarchy, that hath lawes established for that purpose? Would you liue to be called corrupters, and perturbers of the foundations of the Crowne, vnder the which, and by the succession whereof your fathers haue obteyned and left vnto you the name, honor, and title of Nobilitie, which ye beare? What weene you the curious posteritie may thinke of you, when they finde it written that the French Nobilitie tooke Armes against their King, to name vnto him a successor, and [Page] vnder the pretence thereof to depriue him of all authoritie, respect, & honor vnto him due, euen by him that should succeede him accor­ding to the Salick law, who with this decla­ration should stil be assisted by these firebrāds of this tyme, to the ende to make him with­stand and ecclipse the bright sunne of his Ma­iestie? What opinion would you wish Chri­stian Princes to conceiue of your fidelitie, when they shall knowe that without regarde of your bond to this Crowne, you shall haue assisted the enemies therof against your King and the Lawes of the Realme? Would you your King should haue occasion of ielouzy a­gainst him whom they pretend to cause to be nominated, who also by such as shall haue ad­uaunced him, might bee perswaded to lift his hornes ouer high, and so to become a censor ouer his Lorde? To be briefe, I tell you the world could neuer beare two Sūnes. What greater recōpence may ye hope for of straun­gers that you knowe not, then of your natu­rall Princes whō God by his holy wil hath e­stablished ouer you? Is it not felicitie enough for you to bee borne men? to bee made Chri­stians? to haue bene brought vp Frenchmen? See ye not well enough, that the Lord Car­dinall of Bourbon is but the vizard and pre­tence [Page 139] to runne into armes for the glutting of their ambition? there is great zeale and like­lihood in their deedes, whē they would name a successor aboue 60. yeeres olde, broken and crooked, to succeede a young King, healthie, lustie, moderate in his exercizes and maner of dyet: yea, and all this contrary to Iustice and the lawes, not onely of this Realme, but also of all other the best ordered Estates that euer were, whereby together with infinite reasons I haue shewed you, that it is the King of Na­uarre to whom the same should apperteyne. Shall I with Cicero speaking of Cesar and Pompey, tell you all? They here offer vnto vs y^e Image of the Lord Cardinall of Bour­bon, but would set vp their owne: They will with that good man arme them selues, and become more Kings then he, whō they make shew to loue more then any other, and yet doe they loue themselues better, euen to the pre­iudice of your honor, life, memorie, and repu­tation, if ye take not heede: so that God will vndoubtedly suffer them to be swallowed vp, when they haue bene the occasions of infinite murders, robberies, and spoyles. For the let­ting whereof, as also of all other mishap, or destruction, that wee attende of such ciuill warres, as vnder this contention are brewed, [Page] let vs withdrawe our selues to God, and most humbly beseech him to order our hearts in one consent according to his holy will, to the ende, according thereunto wee may acknow­ledge and embrace our King, who is the same to whom next after God we owe al, and after the diuine power ought to bee vnto vs aboue all. Let vs also weete, that next vnto him we are bound to haue respect vnto him, whom it hath pleased God to cause to be borne into the world to gouerne vs in the Royall dignitie, whensoeuer it should please him to call away our king without issue capable of y^e Crowne: and together with him, whom for vs he hath elected and blessed in his mothers wombe, let vs with one heart and minde crye, peace, peace, bee among vs, glory to the Lorde on high, and peace and good will vnto men. A­men.