A CATHOLIC APOLOGY AGAINST THE LIBELS, DECLARATIONS, ADVICES, AND CONSULTATIONS MADE, WRITTEN, and published by those of the League, perturbers of the quiet Estate of the Realm of France. Who are risen since the decease of the late monsieur, the King's only brother. By E. D. L. I. C.  Answer a fool according to his folly, lest he should think himself wise. Proverb. 26. 
❧ Imprinted at London for Edward Aggas.   

THE PREFACE to the Reader.  
O Christian and Catholic Frenchman, never was there offered better means then at this time to discover and smell out the subtleties of our enemies, & with what money Satan usually payeth his servants, when we see some of them so blinded, that being upon the point of their destruction, they promise to themselves all assurance, still coveting to conceal their abominable wickedness, with sleights, shifts and lies. Nevertheless, when they do most hide themselves they are foonest spied. For, to say the truth, what goodlier or more apparent pretence could the perturbers of the quiet of our France take hold of, than Religion and the relief of the people: but as the enemy of truth hath alured them unto him by lies, so hath he for their repast left them no other food upon his Table, and yet doth that also fail them, when they make it an usual mess, and truth remaineth Mistress. According hereto, the lies and horrible slanders, that to this day have been spewed forth against the King of Navarre, & the Lord Prince of Condie, by certain strangers, enemies to this Crown & the Royal Progeny, under the pretence of zeal of Religion doth overthrow them, because continually they have sought to persuade our sovereign Lord the King and all the French Nation, that these Princes were his evil servants, Rebels, and disobedient persons, enemies to his Estate, in the preservation and increase whereof, they have greater interest than any other worldly person next unto his Majesty, unto whom they have the honour very nearly to appertain. As also in truth, we are heartily to give GOD thanks, especially, in that after so many false and slanderous inductions made unto the most Christian Majesty against these two Princes, his good kinsmen and most faithful subjects and servants (by whose relief this feeble, weak and pale Realm hath oftentimes escaped falling) it hath pleased him to open the King's eyes, & to let him perceive that all the illusions unto him presented, tended only to the overthrow of himself, his Crown and Estate, in offering hitherto to his view one thing in lieu of an other. For hereupon his Majesty smelling out the causes of passed mischief, hath finally in earnest done as the good Physician, who when he seethe his Patient pale, weak, faint, and grievously sick, beginneth his cure with bringing him to his bed, & discharging him from all painful toil, & causing him to take some rest: even so our King, casting his eyes upon his poor realm afflicted with civil wars which so long have been kindled under a false and slanderous pretence, to the end to begin the cure, hath first sought to set it in peace, that after some time of rest he might have better opportunity to heal the rest of the causes of the disease, & to put from about him those who under his authority had by their false & wicked persuasions so hardly entreated it. Which when his evil Councillors perceived, & seeing that they could no longer go forward in the same path, they have sought with open play to compass that which so long they had craftily practised, & now have plainly showed that it was the State & Crown that they leveled at, procuring the writing of divers Libels advices and consultations of their suffragans, to the end not only to diminish and blemish the King of Navarre's undoubted & lawful succession, if it should please God to work his will of the King's Majesty without leaving any issue Male, but also to advance their own false, slanderous and supposed titles and pretences. Howbeit, although the said Lord King of Navarre need not yet to plead his cause or presently to answer all these sleights and counsels of the wicked, in respect of the sufficient term & small likelihood of occasion ever to put the same in execution, considering the King is (thanks be to God) young, in health, & in good disposition, together with the small interest that in my opinion the said Lord King of Navarre, pretendeth to any such succession, as being a Prince both wise & circumspect, & such a one as hath not so small forecast but that he knoweth undoubtedly, that the greatest wealth, relief, good hap & contentation that may redound to him consists in the prosperity, health, & long and happy life of the King his Lord, to the end perpetually to be under him the same that he is, to live under his liking & in his protection, whereby & under the favour whereof he shallbe not only preserved from the conspiraties which his enemies work against him, but also, which is more, if it please God to increase him, he shall always be by the King favoured & advanced, unto whom he hath the honour to be the first Prince of his blood. Nevertheless, how ever it be, I do not think that any man at this day can with reason and judgement conceive any bad or sinister opinion of the said Lord King of Navarre, though he lay open his just causes, sith those that have no right, and for whom there can be no likelihood at all, are so impudent, rash, & undiscreet, as to bring to the bar a matter whereupon even their most affectionate servants durst not before have thought: which to say the truth, is one of the considerations that moved me to set hand to the pen, to the answering of such diffamatory Lybelles, discourses, advices, & consultations, as within this year have come to my hands: and I protest that I have done it without either commandment or commission of the said Lord King of Navarre, unto whom I never had the honour to approach, neither is it of any affection or desire to advance the Religion that he professeth, sith myself am and all my life time have been a Catholic, and lived under the authority of the Apostolic Romish Church: But the only cause hath been that being borne a Frenchman, I have thought it my duty to uphold the rightful cause of the French Princes, unto whom, after his sovereign Majesty, & for whose service, we are naturally bound and holden to procure all honour, wealth, & prosperity, to maintain and defend them from slanders and such deceits as Satan would stir up against their excellency & greatness: besides that every man may perceive that these Tragedies are kindled to the utter ruin, loss & fubuertion of this miserable Realm, so as the love of my Country, Christian piety, and that compassion that I take in beholding my fellow Citizens and myself with them in danger to consume ourselves in that fire that by those civil wars, which under this cursed and detestable pretence are like to be kindled, will seize upon all degrees, have been to me as a spur to hasten my pen to answer these damnable writings, fearing lest the people should suffer themselves to be won thereby, & so might withstand the truth & equity if ever occasion to debate thereof were ministered, or that these pretenders should propound or bring this controversy in question.  
I do therefore most humbly desire the French & Catholic Reader (laying a way all passions) to call to mind first the bond & commandment wherein by God he is bound to the King and the Princes of his blood according to the order and natural succession by the Laws of this Crown. Secondly, the love of his Country, considering we all are men, all Christians, all Frenchmen, and all lovers of ourselves, & that if we should stoop under the yoke of these tyrants that would bring us into subjection and abuze us with lies, falsehoods and forged titles, they would afterward bear us the like mind, and their faith as tainted & corrupt as by corruption, falsehood, and untruth, they had abused our simplicity, and suborned & withdrawn us from the obedience of our true and natural Lords. For, in as much as they are deriders riders and contemners of God, in whose name they have dared to begin, and endeavoured that the most abominable felony that ever was, might be made manifest to all, it can not be that we should look for any other thing of them, but that hope that they have conceived to entreat and handle us after the Turkish manner, with a more detestable & dangerous inquisition then that which now reigneth under the Spanish tyranny. Let therefore every person diligently and faithfully employ himself to serve our King and the Princes of his blood, whose cause we ought even with the price and venture of our lives to uphold, to the end the state of this Realm being assured, at the least our children may live peaceably under the obedience of their natural Lords, who by that means shall have the greater occasion to cherish and entreat them well as they have done us, remembering that with the grace of God by our fidelity & loyalty they have been preserved in that greatness and dignity wherein the divine goodness hath suffered them to be borne in this Realm to the glory of the King of Kings, to whom only it be and remain everlastingly. So be it.  
FINIS.   

The names of the chief Authors cited in this Apology.  

ABbot of Vspergue.  
Ado of Vienne.  
Aegn.  
Agathius.  
Aimoinus.  
Alexander the Martyr  
S. Ambrose.  
Anges.  
Antonius.  
Appian.  
Aristotle.  
aventinus.  
Augustin de Ancona.  
S. Augustin.  
Baldus.  
Bale.  
Benno.  
Blondus.  
Capitolinu.  
Cassiodore.  
Charles Molins.  
Chron. of Chronikles.  
Chrisostome.  
Collenutius.  
Counsels.  
Cromer.  
Decrees & Decretals.  
Demosthenes.  
Dyon.  
Dionis. of Hali●ar.  
Doctor's civil, and canonists.  
Edmond Boulay.  
Euripides.  
Eusebius.  
Floart.  
Fulgentius.  
Gaguin.  
Garib.  
Geof. of Viterb.  
Geof. Ardoyn.  
Goth. jornandes.  
Gratian.  
Grego. of Tours.  
S. Gregory.  
Guichardine.  
Guil. Occam.  
Guil. de Monte.  
Heman. Herodote.  
S. Jerome. hilary.  
Hostiensis.  
james de Terano.  
john Andrew.  
Ignatius.  
Illustrations of Gaul.  
Innocent 3. Pope.  
Io. Magnus.  
john of Terrano.  
Irineus. Isidore.  
justin. Juvenal.  
Lawyers, Civil and  
Cannon.  
Master of Sentences.  
Marianus Siculus.  
Martinus Polonus.  
Massaeus.  
Matthieu Zampin.  
Molinaeus.  
Munster.  
Nicephor●●  
Nice●● Vignier.  
Nicol. Aegidius.  
Nicol. de Vbald.  
Oldrad. Onuphrius.  
Optatus Milcuitanus.  
Osorius.  
Otho. of Erisingen.  
Paulus Diaconus.  
Paul Emile.  
Pausanias.  
Platine.  
Plin. Jun.  
Plutarque.  
Polid. Virg.  
Procope. Regino.  
Renatus Chopinus.  
Richard of Wassenbourg.  
Robert Cenalis.  
Rozieres.  
Salic law.  
Sanctiones Pontif. juris  
Orient.  
Sansovin. Sigisbert.  
Socrates. Sosomenes.  
Strabo. Suetonius.  
Tacite. Tertullian.  
Tiraquell.  
Tite Live.  
Tritemius. Turpin.  
Valere the great.  
Vgo Gemblac.  
Vigneus.  
Vincent Historial.  
Witichi●dus.  
Xiphilinus.    


❧ THE CONTENTS OF THE first part of this Book.  
1. The causes of the troubles of this Realm.  
2. The Genealogy of the Lords of Lorraine by Edmond Boulay.  
3. The true descent of the house of Lorraine from the Counties of Lovayn.  
4. The Salic Law taketh not place in the Duchy of Lorraine.  
5. An Inhibition not to dispute of succession during the king's life, decreed by the Counsels.  
6. The Realm of France is successive not hereditary.  
7. The nearest male in blood by agnation succeedeth in whatsoever degree.  
8. realms successive are more perfect than elective.  
9 Saint jews the common stock of the house of France & Bourbon.  
10. Robert S. jews younger Son. His marriage with the heir of Bourbon. The cause of the name of Bourbon in that family, & the erection thereof into a Duchy.  
The County Dauphin of Awergne in the house of Bourbon.  
11. The Alliance of the house of Savoy & Bourbon.  
12. The cause of discontentment of Charles of Bourbon.  
Baronage of Mercure, issued out of the house of Bourbon.  
The erection of the Duchy of Montpensier.  
13. The Counties of Vendosme & Castres', The principality of Conde & others in the house of Bourbon.  
14. The first Alliance of the houses of Bourbon and Navarre.  
james of Bourbon King of Naples.  
The erection of the Duchy of Nemours.  
15 The alliance of the house of Boulogne and Bourbon.  
16 The erection of the Duchy and Pairry of Vendosme.  
Antoinet of Bourbon, wife to the L. of Guise.   

A Catholic Apology against the Libels, Declarations, Advices, and Consulatations made, written, and published by those of the League, perturbers of the quiet estate of the Realm of France: who are risen since the decease of the late monsieur, the King's only brother.  By E. D. L. I. C. 
1  
IF wisely we do consider the ambition of some that are borne, nourished and brought up in the greatest honours, wealth and favours of this Realm, we shall as it were with our finger's touch and evidently perceive, that they resemble the same which the ancients do write concerning Vipers, who do eat out the entrails of her that giveth them life, and do maliciously endeavour by such civil wars as they have kindled in this Estate within these 25. years, to become, (as occasion may serve) masters and usurpers thereof, by such sleights wresting the true French from that bond and dutiful good will that they ought to bear to their natural Princes: For it is most certain and unfallible, that as the course of the Water maintaineth the River, so the continuance of civil wars yieldeth the bad minds of the people immortal: yet are we nevertheless so blinded, undiscreet, and unconstant, as never to have had judgement to know our disease since the time we were first afflicted with the condition of such as can not be satisfied with the Dominion of the whole world, and who voluntarily do hazard whatsoever their own assured, as wealth, quiet, and life, to make themselves Lords of that which they can conceive no hope of, without marvelous effusion of blood and utter ruin of their Country: Whereunto undoubtedly it seemeth that time, through the diversity of religion among us, hath invited them: as also, in that they see a number of our natural princes maintain the one part, which is least plausible and agreeable with the French nation, much less authorized by Princes and foreign potentates, whose weapons they hope to use when need shall require.  
To the end also, with less labour and greater pretence to hoist up the Ladder of their drifts, they have procured the writing of a number of books, which within these few years are come to every man's hands, concerning the descents of the Princes of Lorraine, whom gladly they would bring aboard into this quarrel, if possibly they could, meaning with them in men's hearts to imprint & falsely to persuade, that our Kings and Princes are no lawful Successors, but tyrants and usurpers of this crown from those of the ancient race, of whom they would make the Lorrains to be descended: so to procure them to be Captains of their conspiracy.  
2 But these Princes have evermore sought to be accounted too wise, just, and upright dealers to have their ears so ticklish as to let themselves be led with such false inductions, which could bring them no other but speedy shame, & perpetual ignominy of their race for doing as the husbandman's Serpent, who when he had well refreshed himself at his fire, would have driven him also out of his house. As also to show, that they never thought upon so detestable a deed.  
That every man therefore may know it to be too evident an abuse, to say that they be come of the family of Charlemain, I will use only that Book that themselves did in the year 1549. to cause Edmond of Boulay the chief Herald and King of Arms of their house to publish: wherein with the common opinion they do maintain that Charles of Lorrayn, brother to Lothair King of France the last of Charlemagnes posterity, of whom the seditious do make so great account, left a Son named Ottho, who was Duke of Lorraine, and died without issue: so as in him ended the males of Charlemain. In deed the said author saith, that Godfrey with the beard Earl of Ardenne succeeded his Cousin. If then he were Cousin to the said Ottho, the same kindred might come by being descended of a daughter of the said Charles, wife to Lambert Earl of Bergues, or Monts, who was Merquize of the Empire, & Earl of Brabant, & so consequently by the Salic Law uncapable of this Realm. By reason whereof Pope Benedict the eight, being at Pavy, with the Emperor Henry the second, and Robert son to Hugh Capet, in the year a thousand two hundred and three, declared the said Robert to be lawful King and Lord of the Crown of France. Besides, the Author is forced to confess that this Male line of Godfrey County of Arden failed again, 
Sigisbert in his Chron.  and fell into the person of Ide wife to Eustace County of Bolongne on the Sea, the father and mother to Godfrey of Bolongne, King of Jerusalem: who in Lorraine succeeded his uncle by the mother Godfrey with the crouch back: so do the Males of the house of Bologne are by the same writer continued until Lady Isabella, the only daughter and heir of Charles Duke of Lorrein, who in the year. 1418. married Rene of Aniew, petty son to King john of France. Thus we see by the domestical testimony of the Princes of Lorrein, the third distaff in the house of Lorrein since the said pretended Ottho Son to Charles of France, of which the first had been sufficient to deprive them of the Succession Royal, not withstanding their ancestors had drawn their Original from the Masculine house of the said Charlemain. For in respect of the house of Aniew, extract out of the royal stock of France, and grafted into the Duchy of Lorraine by the marriage of the said Rene with Isabella of Lorraine, the same Lorraine Historiographer agreeth that it ceased in Nicolas Marquis of Pont son to john the second, that died in the year 1433. whose succession was gathered up by his Sister Yolland, wife to Ferry of Va●demont, who was the younger of the ancient house of Lorraine, son to Antony, son to Ferri, brother to Charles, Father to the foresaid Isabella.  
3 I will, and that truly avow, that the house of Lorraine now being, is so far from being issued out of the race of Charlemain either by Male or Female, far or near, that contrariwise the Duchy of Lorraine hath changed stock or family four or five times since the posterity of Charlemaigne. First in the house of the Counties of Ardenne, when after the decease of Ottho, Son to Charles of France, in the year 1005. Henry the second Emperor, gave Lorraine to Godfrey, the son of Godfrey Earl of Ardenne, whose service he had used against the sons by whom the Duke of Lorraine had been imprisoned, 
Sigisb. fol. 233.  and soon after deceased without issue. After him succeeded his brother Gothelo, in the year 1019. in the time of Robert King of France. Then in the year 1033. 
Idem. fol. 595.  Conrade the Emperor gave to Gothelo Mosele, after the decease of Frederick Earl thereof, so as he grew mightier in Lorraine then before. Against this Gothelo marched Odo Earl of Champagne, & seized upon Bar, but the Lorraine gave him battle, wherein the said Odo deceased. Gothelo had a son named Godfrey, 
Idem. fol. 596.  unto whom the Emperor Henry the fourth refused to give the Duchy of Mosele, and therefore he would not also be Duke of Lorraine, but in the year. 1044. rebelled against the Emperor who took him prisoner, and after released him, taking his son for Hostage, 
Idem. fol. 597.  who being dead, the father revolted again, & stirred up Baldwin Earl of Flanders to help him to war upon him. And this Godfrey slew Albert, to whom the Emperor had gived Mosele, for which cause the Emperor invested Euerard of Alsatie in Mosele, & Frederick uncle to Baldwine of Flanders in the Duchy of Lorraine. Godfrey seeing himself so oppressed, passed into Italy, and there married the daughter of Marquis Boniface, but was by the Emperor soon after driven out of Lomberdie, wherefore he retired into Flanders, and accompanied with the said Baldwine, besieged Frederick in Antwerp, but the Lorrains came to his succour. This Godfrey had a brother called Frederick, son to Gothelo, 
Idem fol. 599.  who returning from Constantinople, became a Monk at Mount Cassin, and was after the 157. Pope called Steven, in the time of Henry King of France. After the decease of Frederick of Flanders invested in the Duchy of Lorraine, Euerard of Alsatye was Duke of Lorraine, but both the said Godfrey & Euerard being dead in the year 1070. the Emperor gave Mosele to Deoderick son of the said Euerard, 
Idem fol. 601.  and restored Godfrey with the crook back son of Godfrey aforesaid to Lorraine. This man wholly destroyed the Frizons, but was in the end slain by Richarius in the year 1089. so as by his death began the second house of Lorraine in the person of Ide sister to the last Godfrey with the crouch back, and wife to Eustace Earl of Bolongne, whose Children were Dukes of Lorraine, namely Godfrey of Buillon so called, 
Sigis. in his Chron.  for that he was nursed in the Castle of Buillon which now the Bishop of Liege holdeth, 
Heman in his contraction of Chron.  & his brother Balduin: But these remaining in the holy land, the kingdom whereof fell to them by the election made of the said Godfrey, the Emperor Henry the fourth in the year 1101. 
Idem Sigis. fol. 611. Idem fol. 612.  gave the Duchy of Lorraine to Henry Earl of Lembourg, whom after he had rebelled against him, he had taken again into favour: And in troth this Henry of Lembourg was a very bad man, for besides infinite other his misdeeds, we find that at the provocation of the Pope then being, he moved war between Henry the fourth and the fifth, the father and the son. The father gave him the Duchy, yet he took the sons part, and then returned to the father's side, 
Idem fol. eodem.  after whose death he went and fell at the sons f●●te, 
Munster. Cosmog. Sanso in his Chron.  who committed him to prison, and in the year 1106. invested Godfrey, by some named William, Earl of Louvain, in the Duchy of Lorraine, 
Vign. in the orig. of the French.  whose service, while he was at Liedge, he used in taking Mountfaucon a hold, the Lord whereof was very insolent. Of this Earl of Louvain sprung that house of Lorraine which yet continueth: for unto him succeeded Thierry, to Thierry, Thibault: after Thibault, a certain Matthew was Duke, and so successively unto the said Lady Isabella wife to Rene of Aniew, as is aforesaid. So as it is an abuse and manifest deceit to search the race of Charlemaigne in the house of Lorraine, sith it is 580. years since it vanished and was quite lost, even after that four sundry Famelies have succeeded one after another in the said Duchy of Lorraine. One of the youngest of which house, who was Grandfather to the Dukes of Guise, and main now being, drawing into France with very small wealth, received (as also after him his Children) so many benefits at the hands of the Kings, Francis the first, Henry the second, and his posterity, that they have through the liberality of their Majesties, increased their Patrimony to a Million of franks of Rent that they hold in this Realm, whereas their grandfather claud when he married Lady Antoynet Bourbon, daughter to the Duke of Vendosme, had not above 14. or 1500. besides they have been honoured with the greatest offices of the Crown, as the office of great Master, which was wont to be in the house of Montmorencie, and other of the most honourable: So as it might be hard to think that now they would imitate the Moil, whose nature is to kick and spurn at his Mother when he hath sucked enough of her Milk: either that they had so unthankful a mind, as to take weapon against the Royal Family whereunto they are indebted in whatsoever they are, yea, and that under a false persuasion, that they should be descended from Charlemain, which is contrary to all truth.  
4 To verify therefore that the Princes of Lorraine never came out of the house of France, it will be sufficient to show that in the succession of the Duchy of Lorraine they observe not the Salic law, as it was judged by the Fathers assembled at the Counsel of basil on the behalf of Isabella of Lorraine wife to Rene of Anieow and daughter of Charles of Lorraine against her Cousin Antony of Lorraine the son of Ferry the younger son of Charles. Hereby it manifestly appeareth that thus they declare the Princes of Lorraine to be no Frenchmen, neither ever to have been of the blood royal of France or capable of the Crown: for the which and in the sovereign succession whereof, the Salic law hath of old time even since Pharamont been religiously observed: and thereby not only the daughters but the males of them proceeding have been excluded from the Realm of France, according as the decree of the said law importeth in these words. 
leg. Salic. lib. p. ca 26  Of the Salic lands the woman shall challenge no portion, but the succession thereof shall appertain to the males. The reason of this constitution is, because our fathers did horribly detest the government of strangers, which undoubtedly must needs have often happened if the males of daughters that were wives to foreign Princes might have been capable, as some would persuade the children of Lorraine that they may pretend, as wrongfully as did Edward of England, whose cause was solemnly ended by the whole states of France. for Philip of valois afterward King against the said Edward the son of Lady Isabella daughter of Philip the fair, after that Prince Robert of Arthois had openly made an Oration to the Estates for the said Philip, and had among other alleged the reason aforesaid, the original whereof he drew from before the Emperor justinian: and Paul Emilie speaking of the joy and contentation that the French conceived, after this sentence writeth thus. King Philip making his entry into the chief Town of his Realm, was received with as great pleasure, 
Paul. Aem. in Philip. Vales.  joy, and triumph of people, as ever was King of France, where was a world of people crying, God save the King. The streets were paved with Flowers according to the season, and adorned with the most triumphant Furniture that could at that time be found. To be brief saith the History, the people forgot no kind of demonstration of their contentation for the coming of this King to the Crown. He saith moreover, that the Town feasted his Majesty, the Princes of his blood, and Officers of his Crown, praising & publicly extolling him as the preserver and defence of the French Majesty and the liberty and dignity of the Salic law, whereby the Frenchmen who were accustomed to prescribe laws to Strangers were never 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 the Realm, and the hours of sleep consumed in dancing, singing, and all sorts of honest and delectable mirth: especially at Paris the towns men marched in great troops to congratulate each other for the welcoming of this King, whom they termed the Bulwark and preserver of the best of their laws. These good fathers were no basterdly French, as are those of our cursed world, and would have kept themselves far from informing, much less from begging those means that might be imagined for the breach of this goodly Salic law, which is the only Oracle of France, and true rampire of the French dignity: which also, sith it is evident that the Princes of Lorraine have not used, it is an undoubted demonstration that they are not descended of the race of our Princes, who have so highly commended it in their Empire and sovereign government.  
5 In deed our deceivers since considering that this foundation was too rashly propounded, and might breed hatred in the King against the Princes of Lorraine, whom they would bring into this bad action, because his Majesty being justly aggrieved, hath power enough and ready to chastise the Authors of such writings as guilty of treazon, have dissembled this mean and flatly disaduowed the miserable wretches who for the publishing of these untruths had hazarded their lives. But returning into the path of their first intent since the death of monsieur the Kings only Brother, they have persuaded themselves that his Majesty may one day happen to die without issue. But howsoever it be, providing long before for their affairs, they have coasted and sought to win one of the first Princes of the blood descended of the house of Bourbon, the true and only Heir of the Crown, if it should please God so far to punish us as to deprive us of our good King without issue male: and have gone about to persuade this Prince that it is he who ought to be the lawful successor, and therefore that he had need presently and already to cause the same openly and with effectual and strong reasons to be published.  
6 Wherein both the one and the other do highly offend the Kings own person, in that in his life time they dispute of succession, (which if it might please God to send him a son to enjoy it, shall never fall to them) besides that thus they seem to conspire his death: which in effect is as much as to league themselves against nature, against good manners, against Christian piety, & against that good will which we own to our King, unto whom we are bound to pray for good, wish for good, and prognosticate good, and therefore to wait for such his hap and misfortune is repugnant to all laws civil and natural. Neither can good men like, that against the Kings will and during his life men should argue or call into question the doubt of his succession, which is nothing so long as it shall please God to leave him in the world. Upon this cause did the fifth Counsel of Toledo in Spain which was holden during the Popedom of Honorius the first, 
Concil. vol. 2. cap. 4. fol. 739.  about the year 622. in the time of Heraclius the Emperor and Chintillus King of Spain, by decree excommunicate all such as do inquire or seem to have any care or do seek to understand who shall be their King after him that hath the Sceptre. Because than saith the text, it is repugnant to piety and dangerous to man to think upon unlawful matters to come, or to inform themselves of the accidents of Princes, or in respect thereof to provide for the time to come: for it is written. It is not for you to know the seazons and times which the Lord hath reserved to himself: we do by this decree ordain, that if there be any informer of such matters, and who during the King's life respecteth any other in hope of the Realm, or that allureth any unto him in that respect, that the same be by sentence of excommunication banished the company of the Catholics. The same decree was reiterated in the sixth Counsel holden in the said Town of Toledo, whereto was added a very convenient reason whereby the Authors of such discourses are reproved as men curious of the time to come, whom God will not peradventure permit to attain thereto: Mark therefore how such people who would be taken to be zealous of Catholic religion and the Commonwealth, do by making such questions offend God and his holy Church.  
7 Furthermore, this good Prince of whom they seek to make a buckler, is (if it please him) to consider that these alterations are woven for the subversion of him and his family: to the end that being by the force of the same disunited and divided, the Authors of this faction may remain Masters of both parts, and by the loss of the one may more easily disperse the other. That this is so it appeareth by that Libel that secretly they dispersed abroad into our hands, wherein is one of the most impudent maxims that they dare set down, namely: That no one of the Princes of Bourbon (and do expressly name the person of the Cardinal, under whom nevertheless they would shroud themselves) is capable of the succession of the Crown of France, because now they are grown beyond the tenth degree of agnation to the royal house, whereby only inheritances and successions are by the Civil laws deferred to the nearest, and beyond the which also the heritage being vacant should come to the fisck, which in this case is the assembly of the Estates and Peers of France, who are to proceed to a new election. But herein they do maliciously deceive themselves, because the royal title of the Crown of France is not simply a patrimonial inheritance or feudal, neither runneth by simple inheritance civil, but the nearest of the blood royal is thereto called by succession and surrogation perpetual, without end, after the order of consanguinity or masculine agnation, whether he be or be not particular heir to the King deceased, in his own proper goods. Also, say our Masters this right of the Crown is in deed not hereditary, 
I. vel agnatis ff. de relig. l. ius sepulchri. C. cod. Ign. in disput. an rex Franc. recog. snper Mol. in cons. paris. tit. p. ff. 8. Bald. in ff. unic. de feud. March. joh. de Teran. in lib. cont. reb. reg. Tract. p art. p. council. 9 10. 11. & 12. Guil. de Month. in tract. de suc. reg. Franc.  but of the family and of whom soever appertaineth thereto, notwithstanding no one of them might be heir to the deceased. Whereupon Bald & others that have particularly written of the succession of this Realm, do uphold that therein succeed the next of the King's blood being come of the male although he were 1000 degrees of, and that by the right of blood and perpetual custom of the Realm, therein bringing for especial example the family of Bourbon, which only after the family now reigning is to succeed in the Crown of France. Besides that, returning to our purpose, all the reasons that may be alleged in the behalf of this Prince or of any other whosoever, except of the King of Navarre, have so small likelihood that every one may soon judge that those that have set abroach this matter are mere perturbers of the peace and laws of this Crown, particular enemies to the house of France, but chief to the said Lord Cardinal of Bourbon, in that they endeavour themselves to ship him in this so unjust a qu●rrell, and to persuade him to leave such a blemish to his memory, that the posterity may say that so great a Prince as he, wise and discreet, a Clergy man even from his youth, being now come to the Graves side, should without reason bend himself against his own blood, and peradventure be an occasion or instrument to the enemies of his Family to deprive his blood of so fair, great, and mighty a realm, which the laws thereof hath provided them, if God should not send the King now reigning a sone.  
8 Now to the end to lay open mine intent, I will say no more but the truth, which is, that among all such as profess observing of the estate and government of ancient common wealths, this Realm of France will appear to be one of the most assured and best ordered that ever was in the world: which also through the Laws and politic government thereof, hath longer continued then ever did any other Monarchy, how ancient or mighty soever, as being above 1200. years, since under one form, and with one kind of laws it was governed under the majesty and authority of Kings, of whom this last race hath continued 600. years. But among the chiefest and most perfect ordinances of this Crown, that is most commendable whereby the realm doth by succession belong, by virtue of the Salic law, to the next Male of the deceased King, descending of the Masculine line: For in truth our Kings knowing that those of their own blood are to succeed them, have the greater cause to keep, husband, and preserve the estate and demains of their Realm as their own and certain Patrimony: besides that the successors of the Crown that are nourished and brought up in this greatness do never become tyrants, because even from their mother's wombs they are used to command, and ordinarily do become the better, more just, valeant, hardy and courageous, by representing to their own view the greatness, commendation and majesty of their predecessors. On the otherside the subjects of the Realm, that have s●●e the birth, nourishing and bringing up of their Princes, do the better know their humours and wills, and do more freely obey such as are borne to rule their estate, then others that are newly elected, whom they remember to have known in the like calling as themselves, without either pre-eminence, authority or government, so as there is nothing so perfect as that which nearest doth imitate nature, and which seemeth to be altogether immortal and infinite by Succession from the Father to the Son. Besides that thereby the King's subjects, how wealthy or mighty so ever, do contain themselves in duty, humility and obedience to their sovereign Prince, when they remember that so long as any of the royal blood do survive, the same be capaple to attain to that mark, and that purposing to attempt any bad matter against the Estate and person of the King, there remain as many revengers of the injury offered to his Majesty as there be Princes of his blood.  
Hereupon do I presume that in our France, wherein this royal succession hath time out of mind been strictly observed, it was never found, neither do we read, that the French men did at any time enterprise or practise aught against the person of their King, whether in respect of that natural affection that always they have borne him, and whereof they bear the bell among all other Nations in Europe, or else because God never permitted the royal blood of France to rest only in one, whereby the presumptuous conspirators might after the trespass committed escape without punishment. This royal succession therefore resting without doubt or contradiction in this Realm, the subjects thereof do well know, even naturally and presumptively who is most likely to become their King, so as now to call in question this succession, is the only direct way to cause the King that holdeth the Sceptre over us to think and with himself to imagine that in his Realm there are some, who for the satisfying of their ambition, could willingly wish to have his place, and for the same purpose do hearken after his end. But sith the bold impudency of men is so great that they blush not, neither are ashamed to disclose themselves & to give all men to understand of their bad intents, besides that necessarily the Commune must be satisfied, who otherwise might sooner believe the false than the true, before we proceed any further in answering the chief points of the libels that they scatter abroad, to the end to say that after the decease of the most Christian King without issue male, it is not the now King of Navarre, but his Uncle the Lord Cardinal of Bourbon that lawfully should be King: or the better to express their intents, that it is neither the one ne the other, but that they must proceed to a new election and nomination of a Prince, I will here protest that I never desire to see the adventure of that substitution which they pretend, but heartily do wish to the King my sovereign Lord a most long and happy life, with as great number of issue capable of this Crown as there be Stars in the Firmament.  
9 After which protestation, to come to the purpose and succession of the house of France, I will first speak to those that are not brought up in the state of this Realm, but only have learned of their Fathers that the Family of Bourvon hath the honour to be issued from our Kings, therefore that the Princes thereof may succeed, when God shall permit, to the Crown, by the Law of succession of the realm. Turning myself then to these commons, I say that it is well known, that King Laws the ninth, canonised and called saint jews, had two sons, the elder Philip the bold, of whom are come our Kings yet reigning, who also had two sons, the eldest Philip the fair who succeeded him, and after him his three sons, jews, Phil. the long, Charles the fair, & the younger Charles County of Valois, who begat Philip of Valois, who succeeded in the Realm after his Cousin Charles the fair. After Philip succeeded his son john, & after him Charles the fifth called the wise, son to john. This Charles had two sons, the eldest Charles the sixth King of France, unto whom succeeded Charles the seventh, jews the eleventh and Charles the eight his son, petty son and petty nephew. The younger jews Duke of Orleans, who by Lady Valentine of Milan had two sons, Charles the elder father to jews the twelfth King of France after his Cousin Charles the eight was deceased without issue, and john Earl of Angoulesme, who was Father of Charles also Earl of the same land, and Grandfather to king Francis the first, who succeeded his cousin jews the twelfth, of which King Francis came Henry his second son, and father to Henry now reigning. Hitherto therefore the branch of Philip the bold, eldest Son to Saint jews, never failed, & so must that fable needs be false which the enemies of the house of Bourbon have sought to root in men's minds, namely, that the discontentation of the late King Francis the first against Charles of Bourbon that died at Rome was for his pretence to the Crown of France, which since have continued in all the Princes of this house, and from whence should be derived the troubles and Civil Wars of this realm during the minority of the Kings, Francis the second and Charles the ninth, brothers to the King now reigning. A matter utterly false, and falsely invented, to the end more and more to bring into the hatred of the people the Princes of Bourbon, who never accounted more dearly of any thing, or had greater delight in aught then to acknowledge, obey and faithfully serve the Majesties of our Kings, as their true and sovereign Lords, having the honour so nearly to be to them allied, that they are of the same House and Arms without difference, except that our Kings are extract from the elder son of Saint jews, and the Princes of Bourbon from the younger.  
10 The second son of said saint jews, was Saint Robert of France, to whom his father gave for his maintenance the County of Clermont in Beawoys. This Robert married Beatrix daughter and Heir of Archembault of Bourbon, and they two had issue, a son named jews, who succeeded his said father in the County of Clermount, and so was also Earl of March, besides that in the right of his Mother he enjoyed the goods of the said Archembault of Bourbon, namely the Lordship of Bourbon, which in respect of the appertenances thereto was of such account, that King Philip of Valois in the beginning of his reign, which was about the year. 1327. erected the said Lands into a Duchy, whereby the said jews took upon him the name and state of Duke of Bourbon, which since hath continued in his posterity. This jews had two sons by whom this stock was first divided into two branches, the one was named Peter, the other james: Peter is now quite worn out as concerning the Masculine line, nevertheless we will briefly rehearse his issue, and then return to the posterity of james, who was the younger of whom is descended the house of Vandosme from whom the Princes of Bourbon now living do fetch their original.  
Peter of Bourbou being the elder of this house, as is aforesaid, was of great credit and authority in the time of King john, and had many daughters, among whom was one very fair, whom Charles the fifth covered to marry, rather than Margaret of Flanders who had three goodly Counties to her marriage: Flanders, Artois and Henault, whom he caused his brother Philip the bold Duke of Bourgondy to marry. An other named Blanch, was married to the King of Castille, a third to the Duke of Savoy, a fourth named Catherine, to the Earl of Harcourt. He had also a Son called jews who was of great fame, as well toward the end of Charles the fifth, as in the beginning of Charles the sixth to whom he was appointed tutor, as also to his brother jews Duke of Orleans, together with the Duke of Burgundy their uncle by their father. The said jews of Bourbon was captain and Leader of the army against the Turk in Africa, in the time of Charles the sixth, and had to wife Lady Anne Dauphin, who brought into that house the County Dauphine of Awergne, and the lands of Combrailles, with the Lordship of Mercure in the said land of Awergne, and by her he had a Son called john, who married Mary daughter to the Duke of Berry. To this man was given the Duchy of Awergne, with the Duchy of Bourbo and County of Clermount.  
11 At john, the said principal branch bearing away the eldership, the family began to be divided, for he had two Sons Charles and jews. Charles succeeded his father in Bourbon, Clermont and Aunergne and jews had Montpensier, which in the end returned to his posterity. Charles married Agnes of Burgundy sister to Duke Philip of Burg. and they had issue principal two sons john and Peter. It is said they also had two more of one name, viz. jews, of whom the one died young, the other was Bishop of Liedge and Abbot of Saint Vaast. Others do say that they had two Sons Charles who was Cardinal and Archbishop of Lions, & john who was Bishop of Liedge. They had also sundry Daughters, as jane married to the Prince of Orange: Isabella to the Duke of Burgundy, and Margeret to the Duke of Savoy, of whom are descended Philibert Duke of Savoy deceased without issue, and Lady Loise of Savoy married to the Duke of Angolesme, of whom came the late King Frances the first. But to return to the said john and Peter, sons of the said Charles of Bourbon and Agnes of Burgundy: john the eldest had his father's goods and married jane of France Daughter to King Charles the seventh & sister to jews the eleventh, who nevertheless in the war for the Commonwealth reposed no confidence in the said john of Bourbon, aswell because he was come of a Daughter of Bourgondie, as for that he had not been paid his marriage money. The said john had no children by either Lady jane of France or Lady jane of Bourgondie his Cousin whom he took for his second wife, and so his whole succession fell to his brother Peter, who was called Lord of Beawiew. This Peter married Anne of France daughter to jews the eleventh. He was in great credit during Lewes' reign, but in greater during Charles the eight, so as in the voyage to Naples the said King left the said Peter Regent of France. The said Peter also left no issue Male but one Daughter called Susan, who might have great controversies for the goods of that family: for the preventing whereof it was wisely advised to marry her to a male of this house, which was brought to pass as hereafter shall be showed.  
12 To jews of Bourbon of whom we spoke before fell the County of Montpensier, and so continued the name and title so long as the line of the said 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 five children three sons and two daughters, Charles, jews, and Frances, of whom the two last died without issue. Charles succeeded his father, and with the consent of King jews the eleventh married the aforenamed Susan of Bourbon his Cousin, whereby all the ancient goods of this house were left to them and confirmed in their persons, whereby also was exting vished a quarrel already framed for the said goods, which nevertheless soon after brake out again more fiercely than before, because the said Susan of Bourbon wife to her Cousin Charles and heir of the elder house of Bourbon died before her said Husband Charles without leaving any issue of her body, and therefore Lady jews of Savoy mother to King Frances the first and Regent of France entitled and bore herself for heir to her said Cousin Susan, and in deed was in degree nearer to succeed her then the said Charles her Husband: whereupon the process & controversy began, whereat it was said that the side Charles took such displeasure that he withdrew himself out of the King's obedience: & therefore his Majesty had a decree of judgement of his goods and rights by confiscation. Also since that time was a composition made between the King and his said mother upon condition that if he deceased without heirs male than the said goods should return into Lorraine. But his Majesty not willing so rigorously to use his rights and coveting to deal favourably with the sisters of the said Charles, he left to them part oft he said goods: as to the Lady Duchess of Lorraine the Baronage of Mercure, to the Lady Loise married into the house of Roch-sur-you the County of Montpensier and lands of Combrailles: which in so doing he rected into a Duchy meet for the heirs of the said Lady, who at this day do bear the same name of Bourbon, and are extract out of the second principal branch of this house which we left of above until we had ended the first branch of the elder. And now to return to the said Sir Charles, in him died the line male of the principal stock of the house of Bourbon. As for his two Sisters the one called claud was wife to good Duke Antony of Lorraine, whose stock yet remaineth. The other Loise was married into the other principal branch of Bourbon, who hath left issue of the name of this house.  
13 Now let us take the second branch, the first & chief partition of this race, which is the stock of the latter younger borne, and yet remaineth to this day, in the room of the eldest, and beareth the Name and full arms thereof, as remaining alone after the default and ending of the elder. Concerning the males this line beginneth again in james of Bourbon the younger Son of jews first Duke of Bourbon, of whom we have spoken before. This james was Constable of France after Charles of Spain, who flew Charles King of Navarre in the time of King john. He had to wife jehane of Saint Paul, and was and so named himself Earl of March. Of him came one only son named john, who succeeded him and married Catherine Countess of Vendosme and Castres', who brought into this house those two Counties together with the lands of Carcuecy, Lupe, Conde, Espernon, Mondoubleau and others. Of these two issued three children Male, james, jews, and john: also three daughters, Anne wife to the Duke of Baviere, Charlot married to the King of Cyprus, and Mary to Robert of the Crosses, who took his said wife by force and therefore fled, and it was said he was drowned: In his time he governed King Charles the seventh. Now to return to the issue male. james had to his protion the Counties of March and Castres': jews the County of Vendosme. As for john he had the Lordship of Carcuecy, and married a gossip of his called Margaret a Vandosmois, by whom he had some Children, and got a dispensation to have her to Wife, notwithstanding the said children were not advowed into this family, neither succeeded in his goods, but by sentence were declared illegitimate, and which is more, the said john of Bourbon the Father in his Testament willed great gifts, and substitutions to the behoof of his other two sons james & jews, in whose persons he planted himself, and raised the first after bough and under twig of this second principal branch.  
14 This james of Bourbon eldest son to john, lived in the time of Charles the sixth, and had two wives, the first Beatrix of Navarre the younger daughter of the house of Navarre, which was the first alliance of those two houses. They two had issue a daughter named Leonor. After the decease of the said Beatrix, the said james of Bourbon allied himself by marriage as it is pretended with jane Queen of Naples who had before (as the speech went) promised marriage to the King of Arragon, and deceived them both: So as the said james of Bourbon being gone into the Realm of Naples was in the end forced to leave the said jane and to retire into France, where after his return he still bare the title and name of King of Naples, notwithstanding the said jane had afterward given it to others, and finally deceased, leaving for his only heir the said Leonor his Daughter, who succeeded him in the said Counties of March and Castres'. She married Bernard of Armanack Earl of Pardiar a younger son of the house of Armanack. These two had issue two sons john Bishop of Castres' and james who succeeded in the said Counties of his father & mother, and beside in the right of his said mother Beatrix of Navarre laid claim to the land of Nemours, which he procured to be erected into a Duchy, took possession thereof and enjoyed it. He married the Daughter of Charles of Anieow Earl of Main and of Isabella of Luxembourg his wife. This james of Armanack at the beginning was in favour, but afterward fall into suspicion with jews the eleventh, and was executed at the halls in Paris the 24. of August 1147. he left four Children, two Sons and two Daughters, james Duke of Nemours and jews Earl 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 under twig both male and female.  
15 Now remaineth to be spoken of the line of jews brother to james. He for his part had the County of Vendosme, and was taken at the battle of Agincourt in the time of Charles the sixth: He married first Lady jane of Roussy, secondly Lady jane of laval of whom descended one only son called john of Bourbon, who married Lady Isabella of Beaumount: of these two were borne two sons, the one called Francis, the other jews: They had also six Daughters, jane wife to the Lord of joyeuse, the scond jane first married to john Duke of Bourbon, who was of the line of the elder of this house, and secondly to john of the Tower Earl of Bologne, of whom is issued Lady Katherine of Medecis Queen mother to the king: Kitherin wife to Sir Gilbert of Chabaves in Limosin. Charlot married to Gilbert of Cleve, of whom came the last Lord Duke of Nevers. Rene Abbess of Frontevout, Isabella Abbess of Caen: as for the two Sons Francis the Eldest succeeded in the County of Vendosme, Mondoublean, Espernon and other Lands holden of that family, whereto was added the Lordship of Saint Calais. jews the younger was made Lord of Rochsur-yan, and of the lands of Lupe and Conde in Henault.  
16 Now because concerning the question now to be dealt in, we are to argue of the succession of the elder, we will seek out the farthest, and will first speak of the Branch of jews the younger son, Prince of Roch suryens. He married Loise of bourbon who was of the elder live, and sister to Sir Charles of B●urboun the last. Of this marriage proceeded two Sons and a Daughter, the elder son was jews who died but lately, bearing the title of Duke of Montpensier, by the composition made in the time of the late Francis the first after the decease of Sir Charles of Bourbon. He left one heir Male, named Francis of Bourbon now Duke of Montpensier and sundry daughters. This Francis hath of his marriage with the daughter of the Marquis of Mezieres one only son called Henry Prince of Dombes. The other son of jews Prince of Roch-sur-you, and of Lady Loyse of Bourbon was Prince of Roch sur-you, who died within these few years without issue. We must now then return to the line of Francis the Elder, who married Lady Mary of Luxembourg daughter to Sir jews Constable of France, who brought great goods to that Family in Picardy, Artoys, Flanders, and other places. Of these two issued divers children, namely, Charles, Frances, jews, Antoinet & Loyse of Bourbon. Charles the Eldest succeeded in the County of Vendosme, and procured it to be erected into a Duchy and Pairry. Francis had the County of Saint Paul, and married Lady Adriane of Touteville daughter and heir of a great family. They had issue, a daughter. jews was a Cardinal, Anthoinet was married to the Lord of Guyze, of whom is descended the house of Guise now living. Loise was abbess of Frontevault. Now the said Charl●s the eldest married Lady Francis of Alencon, sister to the deceased sir Charles Duke of Alencon last deceased without children in the year 1524. of this marriage issued Antony, Francis, Charles, jews & john. Antony the Eldest and Heir of this family, married jane of Albret Queen of Navarre, of whom came Henry of Bourbon now king of Navarre, who hath married Margaret of France Sister to the most Christian King. Francis was named Lord of Anguien, who got the victory at the journey of Serizoles, & died without issue. Charles the third is Cardinal of Baurbon and Archbishop of Roven. jews was Lord Prince Conde, who when he died, left four sons: Henry Prince of Conde, Francis Prince of Contie, Charles Cardinal of Vendosme and Charles County of Soissons. john, who after the decease of Francis was entitled Lord of Anguyen, died also without Issue. There were also some daughters, of whom here we have nothing to say, as having in this argument to treat only of the Succession of the house of France which can not descend but to the Males of this family. The only controversy therefore and different that might through the Counsel of the mischievous be moved, resteth between Henry of Bourbon King of Navarre, son of Anthony the eldest of that family, and Charles Cardinal of Bourbon and Archbishop of Roven, his uncle by the father.  
The end of the first part.    


❧ THE CONTENTS OF THE SEcond part of this Book.  
1. Objections moved against the King of Navarre.  
2. The marriage between Lady jane of Albret Princess of Navarre with the Duke of Cleve dissolved by the Ecclesiastical sentence & the Pope's dispensation, & authorized in Parliament. Also the marriage of the said Lady with Anthony Duke of Vendosme the eldest of the house of Bourbon from whom is descended the King of Navarre.  
3. Marriage is by the Civil law void being contracted before age.  
4. The holy decrees have inhibited the blessing of marriage of maidens before twelve years of age, & of men before foretene, & the East Church have prorogued the Matrimony of the man to fifteen, and of the woman to thirteen.  
5. The honesty of Civil policy forbiddeth marriage before age.  
6. Examples of marriages disannulled by reason of the nonage of the contracted.  
7 The explication of humane policy wherefore heretics are uncapable of successions.  
8. The right of Realms is holden immediately of God by the continuation of the successive laws of the same: Neither can the Estates depose a King uncapable or otherwise disabled. Or the people transfer the right of their Lord unto the person of any other to whom it ought not to be given.  
9 The office and duty of the Clergy toward Kings and Princes. King Henry the second protested against the Counsel of Trent.  
10. Why those of the League would not take the Catholic Princes of the blood thereinto. Those of the league have sought to suborn those of the pretended reformed Religion.  
11. King's are Stewards of the Church goods. The Church is in the Commonwealth, not repugnant thereto. Policy, jurisdiction, and collation of Ecclesiastical functions appertaineth to sovereign Princes. The Kings of France have evermore preserved the state of the persons and goods of the Clergy in their Crown. The Clergy were in old time not capable to distribute Church goods.  
12. The King never dieth in France because of the successive law thereof. To what end the Coronation of Kings was instituted. The ancient manner of the Coronations of heathen Kings. How long it is since anointing was instituted and wherefore. It is not necessary to anoint or crown Kings in one only place.  
13. Antiquity is no necessary argument to auctorize common custom.  
14. The Church never disturbed the succession of Kings, no not for heresy  
15. Whether it be likely the K. of Na. will force the conscience of his subject.  
16. The estate of Bearne and Navarre.  
17. The cause of the protestation that the King of Navarre made the last year at Montauban.  
18. The King cannot infringe the successive law of the Realm. The successor cometh not to the Crown in the quality of heir to the deceased  
19 The Pope's reasons whereby he pretendeth authority to transfer Kingdoms. The Popes have ever exempted France out of their wonderful power. God's law without politic confirmation is no sanction upon earth. priests have no imperial jurisdiction. Bishops and Popes have acknowledged Kings and Emperors for their Lords. The punishment of heretics is executed by the secular Magistrate.  
20. The opening of sundry places of Scripture concerning Ecclesiastical jurisdiction. Wicked Emperors were never deposed. The Pope cannot excommunicate any body politic or Town subject to the King of France. Appeals in cause of abuse from the Pope and other Clergy men, observed in France.  
21. The Church cannot excommunicate a Prince that is an evil liver. Subjects after the excommunication of their Lord are not discharged of their duties toward him.  
22. The sentence of the excommunication of a Prince cannot contain any clause of deprivation from his Lordly rights.  
23. A Prince may lawfully arm himself against the Pope's wrongful excommunication and appeal therefore as in abuse.  
24. The K. of Navarre's reason to prove him no Heretic.  
25. The usurpations of the Counsel of Trent over the Crown of France.  
26. Most dangerous drifts of the Leagued in the reformation of the Realm.  
27. The wicked intent of the Leagued. Also what envy they bear to the Duke of Espernon and others.  
28. The remembrances of Advocate David now put in execution by the Leagued. The King's duty in matter of Religion.  
29. Foreign rule and government is wretched.  
FINIS.   

THE SECOND PART OF the Cath. apology.  
1 Such as mislike the king of Navarre's cause, do object against him in this libel fonre principal points, whereof three do particularly touch the quality of his own person●, the fourth concerneth the ancient controversy between the Uncle and the son of the elder brother. But we will ende●our to show that in all and throughout all they have but a weak foundation.  
Concerning the first, they allege that the said Lord King of Navarre is not borne in lawful matrimony of Anthony of Bourbon, eldest son of the house of Bourbon, because Lady jane of Albret mother to the said lord King was married to the Duke of Cleve when she joined with the said Lord Anthony, and so consequently the King of Nauare descended of the said Anthony of Bourbon, and jane of Albret is illegitimate and uncapable to succeed in the Crown of France, wherein Bastards did never succeed.  
2 This point is easy to be answered by the truth of the matter, which is, that the late King Francis the first desirous to draw to himself, and to disunite from the Emperor Charles the fifth the Duke of Cleve, urged & forced his sister Lady Margaret of France, and Henry of Albret King of Navarre father and mother to the said jane who then was a young Princess of eight or nine years of age at the most to marry her to the said Duke of Cleve, with whom the solemnity was accomplished and the maiden conducted to the nuptial bed in the Town of Chastelerauld: but before the time of marriage was lawfully perfect and accomplished in the said Lady jane, she complained of this pretended marriage, craving the dissolution thereof, which by the sentence of the Church and the Pope's dispensation afterward in the year 1541. enrolled in the Court of Parliament was broken: After all which acts, the said Anthony of Bourbon father to the said Lord King of Navarre married the said Princess.  
3 It followeth therefore that the pretended marriage between the said Duke of Cleve and the said jane of Albret was void and of no force or effect, as well by the Civil law of the Romans which ordinarily we do use, as by the holy decrees of the Catholic Church. 
l. 9 ff. desp. l. 32. parag. si quis spon same ff. de don. in't. vir.  Antistius Labeo and after him Papinian & Ulpian gave sentence against Saluius jalianus: A maiden under twelve years of age brought into her husband's house, is not so much as espoused if the affiancing went not before. In an other place Papinian arguing whether the promise of dowry eonteineth in it a condition, if the marriage do ensue, setteth down for an assured resolution, 
l. 66. ff. de iur. dot.  That if a maiden under twelve years of age be brought into her husbands dwelling house, having there accomplished her lawful age she may as of age require her dowry. Labeo upon the proposition of donations by the husband made unto his wife which in law are prohibited, 
l. 65. ff. de don. in't. vir.  maintaineth that whatsoever the husband giveth to the pupil his pretended wife, is in Roman policy good and of force. 
l. 30. ff. quand. die leg. ccd.  In an other place he saith: Whatsoever is bequeathed to a pupil at her day of marriage, if she contract matrimony before her perfect age, 
●. 10. ff. de cond. &. de monst.  the gift is deemed unprofitable, and the condition judged not to be performed: which Ulpian doth expressly confirm. In an other place the same Author repeateth the rescript of the Emperor Severus whereby the husband is forbidden, 
l. 13. parag. si minor. ff. ad leg. iul. de adult. l. 4. ff. de rit. nupt.  in the quality of a husband to accuse his wife of adultery committed during her nonage. Pomponius hath left us the general rule of this question in writing, containing, A maiden under twelve years of age shallbe a lawful wife when in her husband's company she hath attained the said age of twelve years. 
l. 17. & 18 ff. de bon. auth. iud. possid.  Which likewise Ulpian and Paulus do repeat in their discourses upon the privileges granted to the wife for the redemand of her dowry.  
4 The holy decrees of the Cath. Church are full of such decisions. Pope evaristus who held the Sea of Rome about the year of jesus Christ. 110. confesseth that he had learned of the fathers his predecessors, that the inequality and insufficiency of age do make the wife unlawful. We read a decree of the Counsel of Foruile, holden under Charlemain and Pepin his eldest Son, concerning this question. Moreover (saith the text.) For the remedying of all, we forbidden all persons to join in matrimony before their ripe age, also all such as are of unequal years in any wise to match together, but only those who in respect of equal birth bear like mind and consent. Pope Nicholas the first who sat about the year 858. to the same effect writeth, That where consent wanteth, 
can. I. 30. q 2. cap. de spons. imp.  it is no marriage. Such therefore as do make alliances of their children being yet in their cradles, do no whit bind them, unless the conjoined, having attained the years of discretion, do allow thereof, notwithstanding their parents would marry them. Upon this text also john Andrew teacheth us that we must inquire the wills of the pupils when they are of ripe age, 
can. illud 20. p. 1. can. de. his 28. dist.  therein following that which Pope Marcel concurring with the second decree of the Counsel of Toledo hath written of those who before the time appointed do make and promise the vow of Religion: 
cap. puberes de des. impnb.  for although according to Isidore Puberes do take that name of Pube, 
l. fin. C. de test. milit.  & that ripe age appeareth in such as are able to engender, yet must we not judge this ability by the only natural power in the act of generation, but by the judgement, counsel and discretion of the will, because marriage is an act of discretion, policy, and housholdrye, even 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 aught by the censure of the Church to be separated, considering they have not consented, if when and after they have attained ripeness of judgement they do not ratify the same, or that there have been no carnal knowledge between them, in which case, Malice is said to supply age. This the said Alexander decreed by the authority of the Connsaile of Lateran holden in the year 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 Man's, declareth that these constitutions ought to be observed, yea, notwithstanding the two conjoined had done their endeavours to corrupt each others virginity. 
cap. attestationis extra de desp. imp cap. fin. exead.  Innocent the third also doth judge such a pretended marriage to be rather a simple promise to contract in time to come, than any certain or firm obligation for the time present: 
c. nostrates 30. q. 5.  Upon which reason also the aforesaid Pope Nicholas expressly forbiddeth the ceremonies institued by the Church, as the blessing and others, before the age prescribed and ordained for lawful marriage, leas● they should be ministered in vain & then could not easily be revoked. This have not been observed in the West church only, but also the Emperors of the East have caused their Subjects religiously to keep the same as a matter most holy and Catholic. As we read in their novel Constitutions, wherein they have moreover prorogued the time of marriage unto 13. years in the maiden and to 15. in the man, expressly decreeing that the blessing given before that age in such conjunctions shall be of no effect or force to make the marriage indissoluble, 
leon novel. 74. 89. & 109. novel. 1 lex. comm. cap. 2. Basa mon. ad Phot. can. tit. 13. ca 2.  but be accounted as a simple promise or civil covenant. Furthermore, to prove that the East Churches have allowed of these constitutions, Balsamen patriarch of Constantinople doth to the same purpose repeat some decrees of Nicholas patriarch of Constantinople and of Simon Metropolitan of Greece. 
In sanct. Pontif. iur. Grient.  Also among other the Ecclesiastical answers of the Patriarches of Constantinople is to be seen this of Germanus to the Bishop of Ara, who inquired how he was to proceed against a maiden that had been blessed and corrupted before her ripe age, also against the Priest that had ministered these ceremonies. Whereto answer was made that the maid should be separate and the Priest put from his charge.  
5 As in truth in all well ordered commonwealths there have evermore been established a certain age for the conjoining and marriage 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 coniug.. lib. 7. de Rep.  because, as saith Ful●entius, the law of marriage is by the will of God ordained f●r having of issue it is meet that it be contracted at lawful age: So as by the policy of some Cities, 
l. si maior C. de leg. haered.  it was considered that the time of generation doth for the most part by nature end in the man at the 70. and in the woman at the fifty year. Aristotle is of opinion that after that age marriage is not to be permitted. Whereto seemeth to agree that which is found in the establishment of the Romans. Among whom those Citizens were not judged to have satisfied the law julia which was made for marriages: who to the end not to be subject to the penalties limited in detestation of vowed chastity, did contract matrimony the man after sixty years or the woman after fifty. For justinian also writeth that some accounted it almost a wonder in nature to see a woman with child after she were fifty years of age: And it seemed such marriages were contracted not so much in hope of begetting children into the Commonwealth, as in respect of some wealth or other particular commodity that the one hoped for of the other, by which reason we read that Antigonus persuaded his son Demetrius to marry an old woman named Philla, using the authority of Euripides which he altered to his purpose, and in lieu that the verse said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, he said, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to the end the sense might import that for some benefit he should not differ the marriage of a wife, though of a contrary age. As on the other side also overmuch youth was never accounted meet for the conjunction of marriage, because therein generation cannot be but lame and utterly unperfect: the mother in greater danger at her childbirth: the father more undiscreet in the conjunction, and so the more hindered from attaining to that perfection and force which Nature reserveth to their bodies: whereupon the ancients imagined that the Idol of Apollo gave the Trezenians warning, 
Arist. lib. 7. de Repub.  when he had them beware of casting their seed over hastily upon the fields of their country.  
6 Finally, concerning this present argument although the said Lady jane of Albret had offended in marrying with the late Antony of Bourbon Duke of Vendosme, because she had been afore married to the Duke of Cleve, yet were that no let why the King of Navarre now reigning should not be borne of the lawful marriage of the said Antony of Bourbon his father, who doing amiss & that upon simplicity under the authority and in the face of the Church with public credit did solemnize the said marriage: in which case there is no doubt but the Children of a putative marriage, 
c▪ ex tenore extera qui fill. sine legit cap. fin. extra de re iud.  as say the canonists, are legitimate, because in a doubtful case sentence must pass in favour of the marriage and of the children borne in the same, the question depending upon the simple meaning & conscience of him that meaneth to marry a wife: 
c. tanta, extra qui filij sint leg. Alex. in l. i. ff. solut. matr. & in caquod nobis qui fill. sint legit.  for by the laws and decrees of the Church, opinion hath the upperhand of truth: so as by the common resolution, it is enough for the legitimation of children, that either the one or the other of the contracters meant good faith in that conjunction, believing it to be a thing lawful for him. 
Abbas in c de quarta, extra de praesc.  Thus do you briefly see how children borne of such marriages are legitimate. In our case we have moreover advowed that the pretended marriage of Lady jane of Albret, mother to the now reigning King of Navarre, was void and of no effect, and for such by all reason justly broken and disannulled by the judgement of the Church, with whose authority the said Lady jane was permitted to marry where she pleased, which was not done without precedent. For we read in the ancient Chronickles, that for the like cause the Emperor Ottho the fourth was divorced from Margaret Daughter to the Duke of Brabant: & jews Dauphin of Viennois son to King Charles the sixth a little before he died, used, as some say, the like pretence to return Catherine daughter to the Duke of Bourgondy home again. In later time King Charles the eight of France, in the year 1480. was by his father jews the eleventh, before he was foreteene years old, affianced by words present, and so by indissoluble marriage unto Margaret of Ostrich, daughter to the Emperor Maximilian, who being then but two years old was conveyed into France and there brought up for the space of ten whole years, after the which they were nevertheless divorced by a dispensation from Pope Innocent the eight, who also for the like reason dispensed with Lady Anne of Britain, and gave her leave to marry where she pleased, notwithstanding during her minority her father Francis Duke of Britain had matched her with the Emperor Maximilian, & by proxy had celebrated the said marriage. Nicholas Duke of Lorraine, while his father Duke john lived, did in the year 1460. by present words affiance Lady jane of France daughter to King jews the eleventh, and yet coming to the age of foreteene years, he did through the Pope's dispensation betrothe Lady Mary of Bourgondy, Daughter to Charles the last Duke of Bourgondy whom he was going to marry when death, even during the preparatives of the solemnity of the marriage, prevented him. So the manifold decrees and judgements passed in like matters, do manifest unto us the exceeding malice of the enemies of the said Lord King of Navarre.  
7 Their second objection importeth that the said Lord King of Navarre is an Heretic, and therefore unworthy to succeed in the Realm of France, whose Kings are entitled 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 defend the Catholic Religion and faith: which the said Lord King of Navarre cannot do, as professing an opinion already condemned by the Church, and so consequently can not pretend aught in the said Crown, neither may the subjects thereof obey him, according to the decree of the general Counsel holden at Room under Innocent the third, 
3. Volume. Conc. cap. excommuni. ext. de haeret.  about the year 1215. repeated out of the ancient constitutions of Theodosius the younger, Valentinian the 3. and Martian, all most Catholic Princes, 
2 volume. Conc. f. 136. 2. 15. 216. 530.  upon the confirmation of the general Counsels of Ephesus and Chalcedon, and afterward recited by justinian the first in the fifth Counsel of Constantinople, 
●. Manichaeos', l. quicunque. l. fin. C. de haeret.  about the the time whereof he thereupon declared his will, as is to be gathered by the dates of the said Counsel and the Emperors decree inserted into his last Code, and afterward confirmed by sundry the novel constitutions of the said Prince, whereby heretics are debarred all right of succession.  
Assuredly this objection at the first blush beareth a great show: but we must therein of necessity resolve two points, the one of the law, the other of the deed. In the first we are to dispute whether an heretic may be deprived of that Realm that falleth to him by succession, as this doth to the King of Navarre. In the other, whether in this present action the King of Navarre may be termed an Heretic, and as such a one be deprived of his succession.  
8 For the first I say and maintain, that those ordinances of Emperors, and Canonical decrees, which do deprive heretics of successions, are written and speak only of particular Christians, whose goods and successions are subject to the politic laws of the Magistrates of the land: but it is otherwise in case of Empires and Realms, which may not be wrested out of their hands that are the true Lords of the same either for heresy or other cause whatsoever, 
Prou. 8.  because they be holden immediately of the hand of almighty God, and not of men, as it was argued and concluded in the Counsel of Paris, holden under jews the meek & Lothair his son, Kings of France, and Emperors, 
Dan. 4.  about the year 829. which was ratified upon the saying of the Wise man: Counsel, equity, wisdom & knowledge are mine, by me do Kings reign, and Counsellors publish their decrees in righteousness: 
Dan. 5  of me are Empires holden. The like is to be read in the prophesy of Daniel. The sentence is according to the decree of the watch men, and according to the word of the holy one, to the end the living may know that the most high hath power over the kingdom of men, 
Cap. 7  and giveth it to whomsoever he will, and appointeth over it the most abject among men. The same Prophet soon after saith as much to Balthasar King of Babylon, in representing to him the force of Nabuchodonozer the Monarch of Assiria. The Prophet jeremy in his speech of the King of Kings teacheth us also, I have made the earth, and man and beast upon the face of the earth through my force, and with my outstretched arm, & have given it to whom it hath pleased me. So that subjects are not to search into their Kings, neither are borne but to obey and serve whatsoever their Princes be, without any further enquiry of their righteousness. 
Rom. 13.  Fear the King, and know that his election is of God, saith the Apostle. And when any of them do command or wield the Sceptre royal, it cometh of the favour, goodness and grace that God purposeth to extend to his people, in granting them a good King endued with piety, justice and Christian Religion: the others also are the scourges and rods of his wrath and justice, whereof the Prophet Ozee saith. In my wrath will I give thee a King. And job: 
Of. 13. job. 34.  Who maketh the hypocrite to reign for the sins of the people: for God's wrath being kindled against us, he will send us a King, such a one as our offences shall deserve, because as it is written in the same book of job: If we have a wicked King we are yet worse than 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 given to vice, 
in Decret,  for the people stand in awe of the Magistrate, but Kings, if they be not withholden by the only fear of God and dread of the torments of hell, do abandon themselves to all liberty and run headlong into the bottomless pit of sin. I say therefore that it is not for the people, otherwise then with humility and obedience, to control the actions and qualities of their King, but their duty is only to cast up their eyes to heaven, and to consider with themselves that by the will of God the Sceptre is fallen into his hands and power that beareth the Crown, whether he be good or bad, especially, being there to called by lawful succession, such as is in our France, wherein by the monarchial law the people have not only referred all their power into the King's hand and might, but, which is more, have also tied their own hands, so as they can have no redress so long as any male of the blood royal do remain, according to the law of the Realm, being the nearest male in agnation to the deceased after the general custom of France: 
l. 1. ff. de bon. poss. inf. l. fin. pa rag. tali. C. decur. fur. parag. fin. de haered. qual. joh. Ignae. in disp. de Reg. Franc. col●. 3. & 8  yea, notwithstanding he be unable, uncapable, and do want discretion to govern the Estate: in all which causes they may only appoint him a tutor and administrator of the public affairs, the order whereof have been practised in our France upon Charles the Simple, and Charles the sixth. For notwithstanding the Realm, especially ours, be not properly hereditary, patrimonial or f●udall, yet it is successive, 
Cap. grandi de sup. negl. prael. ubi per innoced. & ca Bald. in uni de succ. feud. & in auth. hoc amplius C. defideic.  and falleth to the nearest, not in quality of heir to the deceased, but as to the next in blood in masculine line: so that consequently what ever he be, he is called: and whatsoever default be in his person, either of age, judgement, or what else soever, yet may the Estates and Peers of the Crown do no more but appoint a tutor to govern him, and by counsel to supply whatsoever his imperfections, because he was elected in heaven so soon as he came into the world: All such also as shall resist him who by succession is lawful King, shall incur the wrath and displeasure of almighty God, because we are not to stand in argument, or murmur against the divine wisdom, who for the afflicting of his chosen people and the house of Sion, did many times suffer them to be governed by young, wicked, frantic, and unfaithful Kings, yea, mere Tyrants: such as in juda were Roboam, joram, Ochozias, Amasias, Achas, Ozias, and others who were either Idolaters, or misbelievers in the true God of Abraham. Likewise in Israel, Nadab, Baaza, Achab with his wife jezabel, Manasses, and the most part of the rest of their Kings, who reigned with more Idolatry and tyranny against the favoured of God, then in man's opinion was requisite. With the like scourges also God hath visited his Church since the time of grace, wherein it pleased him to send his dear son into the world with his most precious blood to redeem us from our sins, permitting to sit therein not only many unfaithful Emperors and Kings, conspired enemies to our faith, and heretics, but also particular Pastors ordained for the feeding of the souls of Christians, evil livers, and of pernicious example. Constantine son to great Constantine, Valens brother to Valentinian the first, and Zeno son in law to Leo the first Emperors, were Arriens. Anastase and justinian the first of that name, were infected with the error of Eutiches. Heraclius was a Monothelite. The stories are full of many Popes of Rome, heretics, adulterers, Magicians, schismatics, and men confect in a filthy quagmire of vice, who all nevertheless did peaceably by Gods will sit in Moses chair, to the end to punish and afflict his flock as he hath thought good by such Tyrants, 
cap. quod autem de iure patronat. c. Adibertunq. 17  whom with his own hand he chose to be the executioners of his justice, and against whom the people neither ought nor might conspire: for (saith Panormitan) sith they are not free, but subject, they have no power to transfer the jurisdiction or confer the title, 
Bald. in cap imperialem de prohib. feudor. alley. coll. x. did. in cap. cetede iudic. Abbas conc. 3. in 2. part.  neither is he accounted to have given, that hath no right to give. In an other place the same Canon Doctor writeth, that the vassal cannot consent in the person of any other than his Lord, no not by prorogation of power, to that purpose alleging many other skilful persons opinions. Howbeit all good Catholics do to their great grief know that most of the Ecclesiastical persons and Clergy of France do seem to be parties in the Conspiracy that long since have been devised against the state of this Crown: which nevertheless I can hardly believe, notwithstanding I hear our ordinary Preachers openly in the chair of truth and humility, preach war, blood, weapons, rebellion, and contempt of the King, and the Princes of his blood, a matter detestable and abominable before God.  
9 My Masters, ye Bishops, Priests and Doctors, what ween ye to do? Is this the commandment of God? Is this the doctrine that ye are bound to plant in the Christian Church? Is this the light that you show to the flock which God hath committed unto you? Is this the peace that you ought to teach, and for the which the Church poureth forth her daily supplications? What correction may the people look for at your hands, whiles yourselves are the authors of evil? Will you do or say as Lucifer, I will ascend into heaven and become like unto the most high God? Will you justly have the name to be the very enemies of God, who commandeth obedience only to the Kings and powers that he hath established, and who taketh no delight in any thing more than in peace, hating all shedding of blood? Doth the way to cure the rage of poor mortal creatures consist in unclothing them of all humanity? in thrusting into their fist the sword wherewith to make away themselves? by the authorising of their fury with your decrees? nay, which is more, by stirring them thereto through your Sermons? May we not reproach unto you that which jeremy prophesied in his time? The Prophets have prophesied lies, the Priests have approved them, and the people have embraced them? Must we needs say of you as Ezechiel writeth of your like? I will stretch forth my arm over their Prophets that see lies, and those that tell fables, or do not serve for discipline to my people whom they have seduced: saying, The peace of God be with you and yet it is not peace that they seek? My Masters, this is not the fruit of the spiritual doctrine that you have in custody: beware it be not said of you, that an evil tree cannot bring forth good fruit: you preach war, rebellion, disobedience: you contribute to Conspirators against your King and the Princes of his blood: you deliver the Towns to them and do put your flocks into their hands: you seek out strangers to rule over you, and do set them against your King: where will you become? Is this the Catholic and Apostolic doctrine that you do sow? Know you not that jesus Christ is the foundation of the Church, so that whosoever will lay any other shall destroy himself and whatsoever he dare undertake? Is not the doctrine of jesus Christ peace, humility, obedience, and clemency? Is it not written of you, Be ye wise as Serpents and simple as Doves? Are not you termed the salt of the earth, which being shed abroad, where may we gather it again? I wot what you will say: There be, say you, a number of heretics which must be rooted out with the sword, because their life is repugnant to God's honour. No, no, my Masters, you are yet deceived: for you must first show how they be heretics, and for such cause then to be lawfully condemned, which as yet you have not done: because in ●rueth your pretended Counsel of Trent whereby you have condemned them was not lawful, as the King of France confessed even while it was assembled, and therefore did not only forbid the Bishops of his Realm your predecessors to go thereto, but also by his Ambassador did protest that he could not accept it for a lawful and general Counsel, but only for a particular assembly gathered together for the profit and authority of the Pope and King of Spain, unto whom they went about to give the presedence above the most Christian Majesty: furthermore declaring that he meant not that he or his subjects should any way be bound to the decrees thereof: but that contrariwise he was determined, if need were, to employ all remedies necessary which his predecessors had in like case used to procure the disannulling of the same. Besides I say unto you that weapons are not the means to cure this mischief. Know you not that the doctrine of Religion, either the error thereof is a disease of the Soul and mind? seek therefore for your parts the spiritual Medicines wherewith to heal the same, as admonitions, prayer, fasting, & amendment of your lives which are the true and only Weapons of God's Church. But what? are you not content with the extreme diligence and care of our most Christian and Catholic Kings for the reunion of their people into one only Apostolic Romish Religion? what have we gotten by so many fierce, so much blood, such battles, and destructions within this Realm for the same? Those that now would rule you, are they not the same persons that led the armies and practised the occasions of the passed wars? have they not sufficiently proved, that neither stir nor sword are meet remedies for this evil? & that in one day of such troubles God's Church is more hurt and offended through the disorder of one lewd Soldier, then in a whole year of patient toleration, whereby God may be devoutly served, the King honoured, the Clergy assured, the Law feared, the gentry cherished and the people eased? to be brief, every one by little and little reduced into the way of good life? which to be brief are the effects and glory of the militant Church, and of the good shepherds of the the same. We have burned them quick, they have quenched the fires with their blood: we have drowned them, they have Spawned in the concavities of the water: we have murdered them all in their sleeps, within few days they have revived again: We have fought with them and beaten them, but have not cast them down: To be brief, if we consider how we have behaved ourselves toward them, we shall surely find that we have left no more to do, but either to destroy ourselves and perish all together, whereby the one shall not scorn the other, either else to let them live among us one with an other in peace and liberty of conscience, and never be so desirous to drive them into heaven with the edge of the Sword. But will you have me tell you the truth? your pomp, your pride, your ambition and the ignorance of yours is cause of all this mischief. Notwithstanding you see the the Church on a flame, who is there among you (I will except some small number) that endeavoureth to amend his life, and to distribute the Church goods in such sort as he ought? See we not still the kings Courts, the Towns and Country full of superfluity of our Bishops, and other Clergy men? such a number of Abbots called Commendatories, who are of no professed order of Religion, but do nevertheless devour the revenues that belong to the poor? so many beneficed persons with divers bishoprics, abbeys, Priories and Cures: some in title, others in commendam, of the which they never see so much as one, unless it were to the end to farm the same forth? You may see their Churches fall in decay, and the Priests whom themselves have anointed beg their food, the rest of the poor die for hunger at their gates. And in one word to say all, these Masters have no money to do their duties withal, no not so much as to procure preaching which themselves can not do, or for performing the divine service, either to instruct the youth. For every one doth sufficiently know that the late King Charles the ninth, whom God pardon, and King Henry the third now reigning, visiting and coming to those Towns wherein the principal Universities of their Realm are planted, did ordain that the Clergy of certain Dioceses should contribute some small portion toward the salaries of the Doctors and Regent's of the same, yet was it never possible for these poor people, who are the seeds of justice and virtue, to reap any one penny. Our Masters have now money enough to help to maintain war against the King under an imaginary and false pretence of defending the Catholic Religion. You deceive yourselves if you hope to convert others before ye make clean yourselves, no never look for it: for it will still be objected unto you that you can see a mote in other men's eyes, but cannot take away the whole block that blindeth yourselves. Why follow you not the example of Moses, who when he beheld and saw God's people offend the divine Majesty with Idolatry, did not take the sword to put them to death, but began to cry: O Lord this people have sinned, forgive them, or else blot me out of thy book which thou hast written. Let us live well, let us reform ourselves, and let us not be so careful for the wealth of the world. We have so long cried out against those of the pretended Religion concerning this point, that now they can say of us: The Doctor is to blame, who reproaveth other for the fault that himself hath. Yea they will say worse, for still they stand upon the defensive, you are the assailants: They have evermore acknowledged the King's Majesty for their sovereign Lord, and never contemned the Princes of his blood, as the King himself in his Edicts hath not sticked to confess: but you endeavour to enstale Strangers against the estate and dignity of his Majesty, who both before he was King and since hath prodigally ventured his life and hazarded his Crown for the glutting of your desires, and putting of your over rude counsels in execution. What reason therefore have you now to match yourselves with the mere enemies to the peace of the Church? enemy's to your Commonwealth? enemy's to your King and the Princes of his blood? I say to your most Christian, and Catholic King, one that feareth God, and one who hath (peradventure) done more than he ought for the getting by arms that contention which you do wish for. I am moved so to say, because in truth I believe and experience hath taught us that the more we stir up this evil, the more it increaseth: wherefore herein the best counsel that wise men have left us, were to resolve ourselves that if this pretended reformed Religion be not by the decree and establishment of God's word, it will without any wars perish and vanish of itself, as have done so many former heresies: but contrariwise, if it be according to the will of the holy Ghost, we may cry out at our pleasures, but it will fulfil his work.  
10 But my Masters, if you be not led by malice, are you so blind as to think that the authors of this conspiracy, which they term a holy League, be led by any zeal of Catholic Religion? If that were their drift, wherefore have not they also called into the same such Lords Princes of the blood, as still continuing Catholics, and living according to the Romish Church, were never so much as suspected to be of the pretended reformed Religion? We know very well that the Lord Cardinal of Bourbon (whose years they have seduced, and whom under a vain hope of smoke they make to wear the knife wherewith to imbrue his hands in his own blood, having wrested from him the fairest and most of his Benefices, whereof, by their suggestion he hath deprived his own Nenewes) before he altogether became unnatural, & when they bound him to this peevishness, offering unto him their feigned League to sign, requested that his nephews the lords Cardinal of Vandosme, Prince of Conty and Earl of Soissons might be included in the same, whereto these our Masters could not intend. Whereof do they suspect the Lord Duke of Montpensier, and the Lord Prince of Dombes his son, both being most Catholic Princes? only that they be of the house of Bourbon which they seek to root out, and so do make account to transfer the Crown into their own hands, trying themselves only upon the said Lord Cardinal, a man worn and of small continuance: so contenting themselves to make him the standard whereby to establish their arms: neither would they auctorize the rest among their troops, fearing lest they should have better eyes then the said Lord Cardinal to discover their wicked intents: besides that if it should so fall out that they should come to the drawing of lets for the bean in the cake, the people would rather have recourse to these Princes as to the branches and sprigs of their Kings, and those who only in their degrees and order are capable of the Crown of France: either else lest the French Nobility should blush for shame at the preferring of the tyrannous dominion of strangers, before their French Princes and lawful Lords. This is not the first day that the house of Bourbon have been subject to the envy and malice of these Espaniolized conspirators: for it appeared more evidently when the Duke of Vendosme father to the now reigning King of Navarre, married the heir of Navarre, whom one of their predecessors was very desirous to match withal. The said Lord of Montpensier should be very blind if he could not (by the welcome that the parrisans gave him lately at Orleans with Cannon shot) perceive that it is not Catholic Religion that they fight for, but the rooting out of the royal family. As also before when in his absence while he was gone to accompany the late monsieur the Duke, brother to the King into Brabant, they procured the taking away of the government of Britain from him, which now they claim to be theirs, some in the right of their mother and other of their wife. But I hope the King shall be able notwithstanding they endeavour to dispossess him, to make himself whole, to the and after to hear them in their petitions, if he find the same reasonable. Moreover to return to you my Masters of the Clergy, I will set you down most pertinent demonstrations of their zeal to the Catholic Church, and will tell you that after they had failed of their enterprise against the Town of Straus borrow, (by the spoil whereof they hoped for mean sufficient to demand Mets, Thoul, & Verdun, and therewithal, together with other the Towns upon the shore of Rhine, which easily they would have forced, to have prosecuted their purpose for the rest of the Realm of France) they endeavoured to win those of the pretended reformed Religion, unto whom they promised not only such free exercise of their religion, as the King now reigning had permitted them, but also, if need were, with greater liberty and assurance, and to the same end offered to send their male children and young Cousins for hostages into Germany, under the pretence of learning the Dutch tongue: persuading the French of the said Religion, that they should never live assured under the King: that by that which was passed they might believe that he would infringe his Edicts of Pacification, upon his first opportunity: that neither the King of Navarre, neither the Prince of Condy had authority sufficient to defend them: to be brief, that it was their best to offer themselves into their protection, who had both the men of war, the Clergy, and the governors of the Provinces at their devotion. To the same effect they also sent the late Lord of May, to Duke Casemire, to win him into this League, and also to practise the same with those of the pretended reformed Religion, offering to commit their forces into his hands: besides setting before him that he was descended of the race of Charlemain as well as they: that they might make the one a great Emperor, the other a great King: that the Capeti●s had over long enjoyed their inheritance, and that they were resolved no longer to suffer it. As in deed about the time of the siege of Fere, the said May practised all that he perceived discontented to sign the said conspiracy, until he was wounded at the said siege: whereof when the chief of this drift had notice, he posted from Paris unto him to get from him the Articles of the League: as also after the decease of the said May, he sent to his house to make search among all the papers & remembrances of the said deceased. Believe not therefore my Masters, that it is the love of God that leadeth them, either piety of Catholic Religion, but say boldly that it is no other but ambition, a wicked and abominable intent to lose and alter this Estate and to get it into their hands, and so to make you bondmen to their passions, or executioners of their tyranny. Wherefore I beseech you to call to mind the saying of joel. Awake (my Masters) you that are drunken with your Wine, weep and lament, for all your joy and mirth is gone far from you. Put on your mourning weeds ye Priests that serve at the Altar, for our land is become miserable: and our fields do now weep, sith they are become barren: our Wines withered, our Oil diminished, and our labourers brought into necessity. And again: weep ye Clergy that serve God, and in lieu of other weapons say, Lord forgive this people and forsake not thy inheritance. As for your lives, direct them after the example of the Apostle, who saith: 
ad Thess.  We are as young children among you, or as the nurse preserveth her little ones, even so we do marvelously love you, and do covet not only to teach you, but to offer our lives for your preservation. Put away all hatred, malice, guile, emulation, envy and backbiting: feed upon milk that we grow therein to our salvation, for almighty God is merciful. My Masters, I pray you pardon me, I know I might have spoken more gently unto you, but to what purpose is it only with the fingers to touch the wound, or to anoint only the outside thereof with too easy an ointment, when you see it is time to crush it thoroughly: to expel all corruption that marreth the whole body? What had I been the better to have ministered a tent of lint, when it wanted a sharp corrosive. Take therefore in good part this that I say unto you, for it is the doctrine that I have learned in the School of the Catholic Apostolic and Romish Church: the greatest Doctors whereof without humane passions will grant that all the Sermons and Preachings wherewith you stir up the people to take arms and shed blood, are no other than the devils trumpets and drums: as also surely if you seek any other weapons than clemency and Christian piety do teach, and that with Tertullian you say not you had rather be killed than kill, I do foreshow unto you the wrath of God upon you, and that undoubtedly the prophesy of Malachi will be verified in you in these words: My wrath is kindled against the Shepherds, whom I will visit among the flocks.  
11 Much less are we also to care for the complaint that some of the unwisest of your men do lay upon the King for exacting some of your tenths, and using sometimes, as the necessity of his Estate requireth, the temporalties of his Churches, wherein they are much to blame, and do overgreatly abuse the liberty that the connivence of Princes have tolerated in your predecessors, in respect of their piety and endeavours in the distribution of their means, possessions and almoses given to the poor unto whom the Church goods do appertain, and not to you. Besides that I will by the way tell you that the wealth of the Church is the only poison thereof, for that the greatness thereof consisteth not in temporal goods and worldly pomp, as the devil hath persuaded most of our Clergy, but in the holy and commendable life of our Pastors, and in that heavenly food that they give to their flocks over the which they watch night & day: 
Homil 84. in Matth.  And as Chrisostome doth well show you: the wealth of the Church bringeth you into suspicion among both rich, poor, thieves, and Slanderers, that seek your spoil, besides that you are thereby filled with cares, liings in weight, brawls, strifes, hatred, fear, covetousness and perpetual sorrow, such as the misery of our world can teach us, wherein it is true that the most part of the Clergy have no other mind, neither do move war for any other cause, but only for fear of losing so great rents and revenues, which wrongfully they devour out of the goods of the poor. Whereby we may perceive that in such men we have no more left but the shadow, remembrance, and be wailing of the Christian Church springing and flourishing in piety, for whose sake the Apostles would never possess any thing: and before God's people nourished the Levites, widows and Orphans. 
Deut. i 2. & 1 4.  For, when the Church thought it good to have & retain any thing for the relief of the poor, and of the Pastors 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 sworn enemies to the faith and persecutors of the Spouse of jesus Christ, either at the least, weak, of small zeal, or but meanly grounded therein: whereupon the treasure and common Storehouse was usually committed to the custody of the Bishop, as unto him that was accounted most glorious in piety and duty in the holy distribution that he made, 
Sosom. lib. 8. cap. 12. Socr. lib. 7. cap 25.  whereof he reserved only sufficient for the necessity of his own living. Like as Socrates writeth that Chrisantus daily reserved only two Loves for his own sustenance. Of this common store committed to the hands of the Bishop, is it come to pass that when he began to serve himself, and badly to employ to his private commodity, like a thief, that thing which to him in the quality of a steward only subject to render account, was committed, he found himself far richer, more mighty, and better at ease then the rest of the Clergy, and thereupon by the sligtes of the Devil, who had thrust into his hands so much wealth to corrupt the holiness, example and eminency of the Church of the son of GOD through the evil housbandry of the heads thereof, began to brag above all other: But so soon as Princes began to taste of, and auctorize Catholic Religion, they sought also to become Stewards and housbanders of Church goods, as making a part of their common wealths, because as O●tatus Milevitanus did very wisely say. 
lib. 3. ad Parm●nian.  It is certain that the common wealth is not in the Church, but contrariwise the Church is in the common wealth under the aucthritie whereof she displaieth the Sun Beams of her fair face. Hereupon do we read that the Emperor Constantine the great, was the keeper and disposer of the treasure and goods of the Church, after the example of the ancient kings of juda, of whom among other it is found of joas, the he, by the counsel joiadas the Priest, 
4. Reg. 12. 2. Pa●al. 24  fearing lest the Priests should bestow that money, which the people had contributed toward the reparations of the Temple, amiss, commanded it to be put in a coffer, and distributed in the presence of one of his men. And in deed at the beginning the Church was under the authority of Christian Princes not only in respect of the temporal goods thereof, but also as concerning the institution of the charge, jurisdiction, government and correction of the manners of the Clergy, by the said reason of the aforenamed Bishop of Africa: whereof I will seek no better Testimony then that which saint Augustine writeth, 
Epist. 68  who teacheth us that the notice of Ecclesiastical causes was committed to the Emperor Constantin: saint Hierom also aleadgeth very good reasons in his Commentary upon Hieremy, 
2. Reg. 23. d. 5. Deuter. 17. Bald. in prooem. de eret. Archid. eu c. lectis 63. dist. Panor. in c. veniens extra de accusat.  whose opinion is confirmed by Gratian in his Decrees. For in troth kings by this care and diligence do testify their zeal and piety to Religion. In consideration whereof Gregory reporteth that the first Emperors and Christian Kings did give and confer the Churches: in which power the Cannon Doctors, Bald. Archid. Panorm. and some others are forced to grant that by reason of their Crown they are grounded upon common Law. And before them Saint Ambrose in his Discourse De tradendis Basilicis did maintain the same. Nevertheless such asdoe read Histories are not ignorant what Tragedies the Popes within these six hundredth years have for this article raised against the Emperors of Germany, whom in the end they have driven to give over the game, so as there remaineth but little of that former aucehoritie Royal in Christendom, saving in the Majesty of the Flowerdeluce, which God be praised hath hitherto kept itself hole and a Virgin, and so will still keep itself, if the good and natural Frenchmen would put to their helping hand as by the oath of Nature that they own to the Dignity of this Crown they are bound. For they must understand that it is one of the greatest points whereupon the Pope is so importunate to publish his pretended Counsel of Trent in France, through the assistance of the Spaniard, by the ministery of his Proctors, the unthankful Nurse children of this Realm, for the abasing and diminishing of the dignity of our Crown, which evermore thanks be to God hath had sovereign power, institution, jurisdiction, and policy over the Clergy, and the Officers and Magistrates under the King's authority in his Parliaments & great Counsel, even since the planting thereof, have power and authority by appeal of abuse fallen before them by his majesties Subiecs to break, disanulle and cut of whatsoever shall be found to have been made, pronounced, decreed, adjudged, established and ordained by the Pope, the Bishops, or other Delegates of the Ecclesiastical de- audience against the holy Decrees, Laws, Edicts, and ordinances of his said Majesty, or arestes of the said sovereign Courts, because in truth the Prince is the guardian, revenger and reformer of Ecclesiastical discipline, as the ancient Bishops and Popes more honest, and not so ambitious as the most part of ours, 
c principes seculi c. ad ministrato●res 23. 45.  have often openly confessed. Yea, it so appeareth in the Epistle of Pope john the eleventh, which beginneth Inter claras, C. de Tri. written to the Emperor justinian, at such time as no doubt the Church was under the dominion of the Emperor, 
c. vides c. quid autam c. fin 10. distinct.  as all men may perceive by the first book of justinians Code & by his novel constitutions. 3. 5. 6. 16. 37. 56. 57 58. 59 67. 83. 117. 123. 133. 146. Also since by the edict of Tiberius the second, Basil, Leo the Philosopher, Alexis, and sundry other Emperors of the East. In our France the Pope and Clergy cannot deny the ordinary collations evermore made by our Kings, as testifieth Gregory of Tours, Aimonius, with the rest of the ancient Historographers of our Nation, neither the goodly orders & reformations of the Church, 
Aimo. lib. 3. cap. 55. l. 4. cap. 83. Vinc●nt.  made by Clovis in the Synod that he called at Orleans, by Dagobert, if we will believe Floart, by Childebert, Pepin, 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.  jews the Meek, & Lothaire, as witnesseth their goodly Chapters: also by Philip given of God, Saint jews in his Pragmatical sanction of the year a thousand, two hundred, sixty eight, Philip the Fair in his Edict in the year a thousand, three hundred and thirty, Charles the seventh, in the year 1453. Charles the ninth in the Estates of Orleans, and Henry the 3. now reigning. Which also was most learnedly declared to jews the eleventh by two Precedents of inquests of the Court of Parliament, in a treaty that unto him they exhibited in the name of all the company. Yea, we do particularly find that the general Estates of France assembled in the Town of Tours in the year 1483. did desire Charles the eight to reform the Clergy, as being of his charge & authority, because the Pope had no jurisdiction over the Bishops of France, as by an Edict general it was published in the Parliament under Charles the seventh in the year 1407. and is to be seen in the Registers of the said Court. Yea, that Court hath so far proceeded, as sometimes to decree that the Pope's Bulls and rescripts given out against the liberty of the French Church and Majesty of our King, should be canceled, broken and torn: Neither was it lawful for his holiness to send any Legate into France, except with his majesties good will, and without prejudice to the rights of his Crown: as by an Arrest of Parliament it was declared in the year 1484. After by the same Court have oftentimes the power of the said Legates sent with the Kings consent been restrained from all authority to enteprize against the rights of the Crown of France: 
In Epist de. Trad. Basilic.  which limitations and liberties the Popes never controlled. Sith therefore it is the King that giveth you the bishoprics, abbeys, and Ecclesiastical functions: that your manners, orders and correction dependeth upon the royal Majesty and rights of his Crown, why will you not suffer me with S. Ambrose, to avow that he may sell, dispose, and employ the temporalties of the Church upon the necessities of his Estate, without procuring the licence of the Pope of Room, always provided that his Majesty leave sufficient for the sustenance of the Priests and others that have charge of the deviue Service? For you also do know that whatsoever you take more than for the necessity of your life only, is theft, or mere robbery, and so termed by the holy decrees founded upon the express commandment of the Apostle, 
1. ad Tim. cap. fin.  that you should be content with your food and sustenance: and by the Canons you are straightly forbidden not to give any portion to either kinsman, 
c. Episco. 1. q. 2. c. Episcopus 12. q. 1.  ally, or friend whosoever. And in deed so soon as the Church perceived that your Predecessors did abuze that too much confidence which the first Christian Emperors had reposed in their piety touching the distribution of Church goods, which by little and little through the connivence of very zealous Princes, who did too much assure themselves of the honesty of Bishops, they had recovered, she did again take it from them. Also in the fourth Counsel of Charthage they were forbidden to meddle therewith. 
●p. 25.  In the general Counsel of Chalcedon holden under the Emperor Martian, were Stewards established to such purposes, who were neither Priests, neither Clergy men. In the seventh general Counsel held under justinian the first, 
e. eum scimus 9 q. 3. movell. 6. 7. & 133.  the same were renewed, and it was decreed that the Archbishops only should be called to their election, whereof justinian maketh mention. Saint john Chrisostome crieth out and greatly complaineth, that in his time the Bishops and Clergy would needs be the distributers, stewards, and husbanders of Church goods: 
1. ad Cor. 16.  and therefore saith this good father in his 86. Homely upon Matthew: They endeavour as much to rule the Temporal as the Spiritual. The Apostles would not distribute that money which they had common among them. Our great Lawgiver & King Charlemaigne, 
lib. 1. c. 80. & 83.  doth expressly forbid them to convert any to their particular profit, or otherwise to employ it then upon the necessity of the poor. It is well enough known in what order and to what use the Church hath decreed the dispensation of the Revenues thereof. 
Greg. in Regest. li. 12. cap. p.  Saint Gregory reporteth that oftentimes they were wont to divide it into four parts, whereof one to the Bishop and his small family: an other to the poor Priests and officers of the Church: the third to the rest of the poor: and the last was appointed to the reparation of the Churches. But our Bishops and Abbots do well enough keep themselves from proceeding in any such manner, for among themselves they retain the assotiation of the Lion, whereof our laws do make mention and easily permit the poor Priests and others to part with as much as they list, so that themselves be not admitted in the exaction thereof: but contrariwise if any Prince for his necessity would employ any part of their superfluous abundance, they strait spread rumours among the people that the devil hath carried away one: that an other hath been seen in hell: that an others body have not been to be found in his Tomb: with a number of such fables, wherewith our Christian Histories for these seven or eight hundred years are poisoned, in lieu of quietly obeying the will of their Kings and sovereign Lords, in whose Commonwealths and under whose discipline they are bound to live simply and poorly, casting down their high looks in all Christian humility and obedience, taking their parts and portions of the revenues and Church goods, and of that Altar which they serve at the hands of their Kings, yea and only so much as may suffice for their sustenance, and in lieu of yielding part to the necessities of their Princes, to complain, murmur, and arm themselves against them, because they would employ it to such uses as their affairs do require. I beseech you therefore my Masters, ye Bishops and Prelates of France, whom many good men do accuse of countenancing the wicked deliberations of Spaniards, Italians, and Lorraines, that seek to seize upon the Crown against the King and the Princes of his blood, remember the example of Magnulph Bishop of Tholauze, repeated by Gregory of Tours, when one Godoald, terming himself son of Clotaire the first, 
li. 4. ca 27.  and upholden by Disier, and some others the perturbers of the peace of the Realm, such as our pretended Mascontents, required partition with Gontran, and Childebert, the children of the said Clotaire. For the history importeth that the said Disier and most of his partakers, were letted by the exhortation of this good Bishop, who used this oration to the people. We know Gontran and his nephew to be the children of our Kings, but for Godoald we wots not what he is nor from whence: Prepare ye therefore ye Frenchmen, and if Disier would force you to do this injury to your Kings, defend yourselves, & let him perish as Sigulphus, that he may be an example to all other, to the end no stranger do presume to violate and taint the Majesty of the Realm of France.  
12 To all the premises, & to the discourse of the duty and respect that subjects own in our case to their Kings and Princes, the disturbers of the peace & laws of this Realm do answer particularly against the King of Navarre, that he shall never be King of France, before he be after the ancient manner observed (as they ween) ever since Clovis the first Christian King, consecrated, anointed, and crowned: and that nature only cannot make him King, without the ordinary Ceremonies observed at the coming in of a new Prince. And so consequently they dare infer that, notwithstanding all our former discourse be true, yet can it not be applied to the said Lord King of Navarre, to whom the French men cannot be bound without his anointing and coronation, 
1. proponebatu. ff. de judic.  which the Catholics will never permit, unless he abjure the pretended reformed Religion. Also that in case they should withstand him, 
c. ven rabi lend 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 truth herein lieth the difficulty of the matter, wherewith they seek to deceive the ignorant. For this they must know, that in Realms successive, as is ours, the King liveth perpetually, and leaveth the Realm to his nearest by virtue of the law successive; By reason whereof he is true and perfect Lord before he be crowned: neither doth his coronation serve but for a declaration and publication of the honour of the mark of his calling, which was obtained to him before, both by nature and by the law of succession, which needeth no further declaration of the successor, 
cap. 1 de fe●d. cog. ubi 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 hereditary to the deceased, but custumary and legitimate at the very instant of the former King's decease, which seizeth not the natural successor of the Lordship and royal power only, but also of the possession and effectual enjoying of the same. Whereupon all our Interpreters do maintain that in feudal causes and matters the successor is in a manner seized in his predecessors life time, 
Guil. 2 rolhius in stil. parlam. in tic de feud. parag. item de conSuetudine.  under whom he is half possessioner without any further investiture: especially in our France, where it is observed without contradiction. For that concerning the Realm, the coronation ensuing is but the habit and royal ensign, and therefore all good men will grant that the King is anointed and crowned because he is King: but contrariwise that he is not king because he is crowned: for so thieves and Tyrants being the stronger might become lawful Kings, and with over much facility alter the cause of their possession through that ceremony. So was the Emperor of the Romans lawful, after he had been elected and saluted, in testimony and for a proof of which election only he set a Crown upon his head, a Sceptre of ivory in his hand, and being appareled in a Purple rob, did always walk forth with four and twenty Huissiers, 
Plutach. in Amax.  every one bearing a Torch and an Axe. It was was moreover a custom to carry fire before the Emperor, after the ancient manner of the Kings of Persia, who went to Pasargades, that the Priests, might there consecrate them in a Temple dedicated to one of the Goddesses of wars, where the Prince putting of his own Robes, did put on the same that the ancient Cirus used to wear before he was King: he also did eat of a Cake made with Figs and Turpentine, and drank a potion made of Vinegar and Milk. The ancient Kings of Greece, in lieu of a Diadem, were wont to carry a Spear, or a Staff, which the Grecians termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 
justin. lib. 43. Liu App. Tacit. Valer. libr. 5. cap. 7.  The Romans sent to him to whom they gave the royal dignity, a Crown of Gold, a Cup, and an ivory staff, and afterward added the seat or chair fashioned like a Chariot. afterward, when Christianity was planted in the hearts of the people, having proceeded to the election of the Emperor, and being agreed of his person, the manner was to cause him to swear, yea, sometimes by his handwriting to subscribe, that he would stay himself upon the doctrine confirmed by the Catholic Church and the ecumenical Counsels of the same, and that he should not raise any trouble in the Church of God: 
Aimon. lib. 3. ca 36. 49.  after which protestation, the Patriarch of Constantinople in the people's sight set a Crown upon his head, gird a sword about him, presented him a Sceptre, and put a gold Ring upon his finger. The tokens of the German Emperors, 
c. venerabilem de elect. c. Roman. de iureiura  are by the decree of Charles the Great, a Sceptre, a Sword, a Spear, a Cloak, a Chain, a Crown, a Cross like a Sphere, a Buckler, an Eagle with 2. heads, & a purple Ensign: all which are delivered to him by the archbishops of Cologne, Mentz, and Treues. Like as the Archbishop of Toledo, doth the office at the coronation of the King of Spain: the Archbishop of Canterbury, at the King of England's: the Archbishop of Mentz, at the Bohemians: the Archbishop of Strigon, at the Hungarians: the Archbishop of Guesne, at the Polonians: the Archbishop of Vpsale, at the Danes: the Archbishop of Tours, at the ancient Kings of Armorica, which we call Britain: the Bishop of Pampelune, at the King of Navarre's, even as in our France it is the Archbishop of Rheimes, that crowneth and anointeth our King: although sometimes it is done in other places. 
Aimon lib. 3. cap. 61.  As we read of S. jews, who was sacred at Soissons, others at Orleans: whom before the time of Christianity, they used to proclaim by lifting them up, and showing them upon a buckler. But it hath since been thought more expedient to minister these ceremonies in the assembly of the Church, there to call God to witness of that faith which the subjects vowed to their Prince, and of that duty wherein the King bound himself to his Estate: to the end also that afterward the people might know, that from a private and particular man that he was wont to be, he was now promoted to the Empire, to the end to command. Thus did Atatolius first deal with the Emperor Leo the first in the year of jesus Christ 461. and Euphemius with the Emperor Anastaze in the year 494. of whom he exacted a particular promise in writing, because both before and at the time that he was proclaimed Emperor, he had been and still was an Eutichean heretic, whose errors had been condemned by the decrees of the Counsel of Chalcedon, holden in the presence of the Emperor Martian in the year of jesus Christ 455. Of later days immediately upon the decease of justinian the first, they added that the Patriarch of Constantinople, should after the example and imitation of the Kings of juda, consecrate, anoint, and crown the Emperors with a Crown of Gold in the assembly of the Church, which was first observed in the Emperor justin the second, and afterward by Pope Leo the 3. translated into the West to the behalf of Charles the Great, before whom, or not long before we do not find in any History that the Kings of France were ever anointed or consecrated, but only simply crowned, as Gregory of Tours maketh mention in his history: whereby it appeareth that none of our Kings of the first family did ever observe this ceremony. 
Greg Turon. lib. 2.  The first than that used it was Pepin, father to Charlemaigne, whom Boniface Archbishop of Mentz, did consecrate, anoint and crown by the commandment of Pope Zachary of Rome: & that in my opinion, because he was the first of his race, who of a private and particular person, was established King against the Merouingiens. After his decease, Pope Stephen the second did the like to Charles son to the said Pepin, when he was King of France, whom also Pope Adrian again consecrated, anointed and crowned, when he was declared King of the Lombard's: and finally Pope Leo the third did the like to him with the Imperial Diadem. And this ceremony have ever since been observed by our Kings of France, not that thereby they be Kings, but to the end it may seem as a testimony that they are Christians and Catholics, and of private persons are become Kings to command the people. So that in consideration hereof, the first French emperors, jews the Meek, Lothaire, jews the second, and the rest, who being by natural succession Kings, were promoted to the Empire, did not use 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 years of their Empire, nothing respecting the ceremony or solemnity of their Coronation: as appeareth by many the ancient Charters and documents of their days. Yea, the Histories do note, that Charles the Fat, youngest son to jews the Meek, was the first that in his years made mention of the day of his Coronation, and took not upon him the title of Augustus, until the 8. kalends of january ensuing, in the year 866. on which day Pope john the 8. anointed and crowned him: which in subtlety he thought good to note, as one that obtained not the Empire by succession: for jews the second, his nephew, last deceased, had not named nor instituted him his heir: much less had any chosen him: but the histories do affirm that he for a great sum of money bought the Imperial dignity of the Pope, because there were other more fit for it then he, that laid claim thereto, as his elder brother jews and his children Kings of Germany: so that Charles, fearing least (as reason and justice required) they should be preferred before him, thought good to advance himself, and to get the Pope to consecrate him. To conclude therefore, it is most certain that this ceremony doth make nothing to the right of the King's lawful succession: neither is any more than a simple token of honour in his behalf, whom nature and usual order hath caused to be borne or suffered to be elected to rule and govern the Estate: so that to ween to persuade that he that is borne to be your lawful King by the Laws of the Realm, hath no authority over you before he be consecrated, anointed and crowned, is a mere fallation.  
13 It followeth, sith I have proved unto you, that in this case the said King of Navarre (whom the deep dissemblers dare not openly in their Libels deny to be the nearest of the blood) should be your natural, true, and lawful King, let us agree together that it were mere wrong for you to withstand or resist him. I say further, that in this Realm there is neither law nor order that debarreth him from lawful reign and the Crown, notwithstanding he would remain in his now professed Religion. But contrariwise, that such as are of and do profess the same, are declared meet and capable of all kinds of succession, by infinite the Edicts, Decrees, and declarations of our Kings, published, enrolled, and daily put in execution by the Arrestes of the sovereign Courts, and other Magistrates, who under his majesties authority do minister justice in this Estate, & whose common cry tendeth to oblivion and perpetual forgetting of the passed miseries and troubles. As also in truth it is more than a Catholic passion to compare the Huguenot with a jew or Turk. For besides that our Kings do auctorize and permit the one, and not the other, in truth and without affection, (for myself am a Catholic, and in the same faith do wish to die) we all do agree in our faith, so as there remaineth no more but to decide for the most part of controversy, the institution of outward ceremonies, which either the time or the necessity of the people's instruction have procured to be brought into the Church, & be not contained or authorized in the holy Scripture. Sith therefore we do agree, that in the first times the Christians did live and serve GOD without them, we can not now less do then hear the reasons of those that crave abolition before we condemn or pronounce them Heretics, lest the condemnation go before the proof, and so they have greater cause to complain, (as already they do) that we have judged them unheard, and have ended their Process upon defaults and contumacy. Wherefore the● protest they are ready to purge themselves, if we would grant them free access into the assembly of the church, and not stand upon the points of not receiving them, grounded upon the long time that we have been in possession of the observing of these traditions, from hand to hand received by the consent and common agreement of the Church, because if we had no other argument, we should not be able to deny, but that our fathers when they brought them in were men, and therefore subject to humane frailty, as in many other things experience may teach us. I will content myself with one only example to our purpose. 
Avent. in Annal. Boiorum.  Virgil Bishop of Saltzbourg in a Sermon about the year of our Lord 755. saying that there were Antipodes in the world, was for the same by Boniface Archbishop of Ments, accused of Heresy, because by inducing the Antipodes, it seemed he would also bring in an other Christ. This matter was debated before Vtilo King of Baviere, who at the commandment of Zachary, denounced the said Virgilius to be one of the most abominable Heretics that ever was: So great was the obstinacy of the knowledge conceived in this age of the Antipodes or Arteques, and yet since it hath been verified for truth: This nevertheless I do not allege, to the end to reprove the institution of the ceremonies of the Church, with which I do daily serve GOD, especially knowing, that in alteration of Laws and Orders, necessity must be very apparent in the correction of matters long before allowed, but only to admonish all men, that in as much as they are men, it is no marvel though some will be inquisitive 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, lives, and souls of so many millions of parsons, who either might, or are already lost upon this quarrel. And this I will say more, that sith the fault hath proceeded of our Prelates, who have fallen a sleep, and have not maintained the fare that they ought for the nourishment of their Flocks, who being ignorant in the most part of the principles of their religion, have gone out of their rank, and do particularly require the reasons thereof: it is most necessary gently to give them a taste of the same, without sword or fire, until the condemned be at large heard in their defences and lawfully convict.  
14 Moreover I dare avow, that in Realms and Empires natural Succession, received by the estates, is of such force, that the best and most Catholic Parsons never enterprised against the progress of the same, as occasions have been ministered, no not for Heresy, although it were condemned, and with all solemnity accursed by the Church of GOD: Notwithstanding undoubtedly by other dealing, they might have hoped for better, and that they were in manner assured of manifold afflictions at hand? Had not certain Bishops Arriens infected Constantius, when he succeeded his father, although he were very young? What was the cause that Zeno being an heretic, was nevertheless made Emperor after his father in law Leo, but that the Empire was attained for his wife AriadNe, and little Leo son to the said Zeno, whom his Grandfather had instituted to be his heir? in consideration whereof the Christians were content to bear that affliction. Constantine the third and the fifth, when they were called to the Empire were heretics, but yet in as much as they were lawful successors to the last deceased, the Church would not meddle with them. When Anastaze the first was chosen, no other cause moved the Patriarch of Constantinople and the people to force a promise from him that afterward he should be a Catholic, or at the least that he should not make any alteration or stir up any broil in the Church of God, but only because he was then an eutychian, who was condemned by the Counsel of Chalcedon: and the same is the only caution that you may exact or require of your King, in case he were other than a Catholic, sith the Christian Church never desired greater assurance of the aforenamed than their faith and royal promise. I might be tedious if I should rehearse unto you an infinite number of other examples, whereby every one may manifestly perceive that the holy Primitive Church never accounted it so small a matter to violate the laws of the Estate, or to habandon that obligation that we own to such a Prince as is either lawful successor to the deceased, or else solemnly elected. Who is he that will not think the Bishops of those former times that I speak of to have been far more zealous in their charge and better livers than the most part of ours? in respect whereof they might even with their credit only have sooner persuaded the people that they governed, for Religion and godliness sake, to have expelled, deposed, and banished those heretical Emperors, aswell as to have admitted them into that succession that by the politic order of the Empire was unto them due, either to obey, or yield them all fidelity: was it want of power, all the world being Christian, even in the Prime of the Church about one hundred years after that the Temples of the Greek Idols had been shut up, whereby not so much as the memory of them remained among the subjects of this great Monarchy? I will by the way rehearse unto you a Decree of the Church made for the posterity of Kings, lest you should think me either to be led by affection, or to have told you fables. Hear therefore the words of the Fathers assembled in a Counsel. Like as the Insolency of wicked Kings have evermore been odious and abominable to the subjects, so have the people always liked well of the provident foresight of the good: who therefore could suffer or behold a Christian offending in that point, or that were desirous to expel the posterity or line Royal from such rights and dignities as thereto do appertain? Such dealing do we therefore expressly forbid, & in favour of the posterity of the most excellent Prince Chintillus, we do renew and confirm the decree that was made the last year at the Synod holden in this Church concerning the love and good will that every one is bound to bear to the King's line, and to the defence and preservation which all subjects of the Estate do owe thereto, to the end the successors be not maliciously defrauded of the merits of their predecessors in the augmentation of their Crown, or their great liberality toward their subjects. Also that none do enterprise to hurt them, because it is meet that by the authority of a Counsel we do grant peace to the succession and posterity of those by whose means and under whose protection we have aforetime been preserved. Admit therefore that the Church made this Decree in respect of that obligation that she deemed the subjects ought to the posterity of their Kings, either for the love and reverence of those that had well governed their Commonwealths: even as GOD, who is the author and holder up of Monarchies, would never take the Sceptre wholly from juda, for his servant David's sake: yet if ourselves would but call to mind so many good Kings of this race, especially the father of the house of Bourbon, the Lord S. jews, whom for his good life the Church hath canonised, and whose memory ought to be unto us holy & honourable, we should show ourselves most wicked, perjured, unthankful and disloyal persons, if we should seek or but make any countenance to think upon innovating any thing against this posterity.  
15 Good men are not ignorant of the pretences that these great bucklers of the faith do take hold of: which are, first that the King of Navarre being King, would pollute, subvert & abolish Catholic Religion in France, and force his subjects to become huguenots. But to say the truth, this vizard is less than nothing: for his former behaviours will presently force us to confess the contrary: because ourselves have seen with what importunacy he hath besought our Kings, as being their subject, and persuaded them to suffer him and his partakers to live under their obedience in all liberty of conscience. Wherefore then should we think, that when he were sovereign he would practise against his people any enterprise repugnant to that law, which himself, being in their race, sought to enjoy under the Kings, his Lords? Shall we presume that such a Christian & wise Prince, instructed in the fear of God, would become a Tyrant & torment the souls of his subjects against that Religion, which with uniform consent have so many hundred years been received in the Church? especially considering that himself could not abide to have his own brought into bondage. Moreover, with you, ye trumpets of sedition, I do agree that then he should be no more able than now: that such as would persuade him that the third part of the French are Huguenots, are no good Arithmeticians: also that for our preservation in that estate wherein we now live, we need no more but to set against him our walls. I would therefore ask you what cause you should have to fear that he would endeavour to force you to live in any other Religion than the same wherein he find you and yourselves do desire, when in so doing he may happen to have but evil success, and therewithal lose the love of the whole world? were not this as much as (according to the Proverb) to go about to shave an Egg.  
16 As also the objection that they make, namely that in the lands of Bearne and low Navarre where he is sovereign, the Catholic Apostolic Romish Religion is not permitted, is in truth full of subtlety, slander and envy: for hereunto he doth pertinently (in my opinion) answer, that in respect of the land of Bearne, it was not he that forbade it, neither are his adversaries able to prove any inhibition thereof in his name, or from him, but contrariwise he assureth himself that it will appear that immediately or soon after the decease of the late Queen of Navarre his mother, his Majesty by the Lord of Grammont, dispatched his Letters into the country of Bearne, importing that his will was to restore and therein to set up again the exercise of the said Religion: Upon which commandment the States being assembled, they denied to put the same in execution, fearing such troubles and seditions as might ensue, the people being haughty, mutinous, and difficult enough to be contented, together with such small store of Catholics in the said Country to prosecute the execution thereof if need should require. What would you then have him to do more? He did not the harm, but went about to cure it, there was none that desired to take his medicine. What more can the Physician do to his Patient but prepare him the potion which may be to his health, and for want of the which if he lose himself, is he not rather to blame his own obstinacy, then him that could not make him take his appointment. For since that time, the Estates being divers times assembled in the said Country, did never require his Majesty to restore the said Catholic Romish Religion, which always he offered to do, and still so long as he live, will, if they do require it. As for low Navarre, the exercise of Catholic Religion is there most free: yea, which is more, throughout that Country there is no assembly of the pretended reformed Religion, but only in two places, as is most evidently known, neither hath his Majesty innovated any thing at his coming throughout the said lands of Bearne or Navarre. But what, is it meet for these fears and frivolous doubts of a matter that never can come to pass, to destroy this poor Realm with immortal wars? and so make us miserable before the time? cry out before we be touched? and to hasten and advance the sorrows of our pretended mischiefs? will you begin to crucify and tie us to a Caucasus for our whole life time? or will you force us here to begin our hell? Is not the King (thanks be to God) young enough, in good health, and of sufficient disposition to see the raking both of the King of Navarre, and of the rest of the Princes of his age? why then should we mistrust the grace of God?  
17 As for the Protestation that the said Lord King of Navarre made the year 1584. in a Synod by the Ministers of his Religion holden in the Town of Montauban, whereby he protested and declared that he would live and die therein, and defend the same: I wots not well why we are so sly as for that cause to blame him, or be more vehement against him then before, as in deed a number of persons too much overruled with unreasonable passions, have misliked it, and have thereupon gathered some sinister judgement of the affection of the said Lord King of Navarre to the Catholics, whom most heartily I beseech with me to consider. First, that his protestation imported not the rooting of us out, neither together with us the Religion of the Romish Church, as the League doth him and his partakers: so that his protestation is simply defensive, and could not therefore be more gentle, for the which we are rather to commend then to reprove him, sith ourselves are bound daily to make the like profession in the Catholic Apostolic Romish Church: also that every faithful Christian is likewise bound by the Sacrament of Baptism to make the like declaration: especially Kings and Princes, who ought to be mirors & spectakles to their subjects: yea, the confession of their faith should serve for a public example in the assemblies made for the Estate of the Church, such as are the Counsels, Synods, and other like, wherein it hath evermore been noted, that Emperors, Kings and Princes thereat assistant, did make profession of their faiths, with protestation to defend the same. Hereof we have for testimony Constantine the Great, in the Counsel of Nice: Theodose the Younger, in the Counsel of Ephesus: Martian, in the Counsel of Chalcedon: justinian the first, in the Counsel of Constantinople: Charlemaigne, in the Counsel of Francfort, with infinite other Christian and Catholic Princes. Sith therefore the King of Navarre hath been brought up in that Religion which he holdeth, and that the King by his Edicts permitteth the free exercise thereof throughout his Realm, why should we mislike that he assisting at an assembly thereof, protesteth to live and die in the defence of the same? especially seeing that it is no let, but that when by a lawful Counsel, either general or national, (which the King and his Counsel shall think most sufficient for that purpose) we shall have persuaded him not to be carried away without reason, he may immediately return and protest that he hath been misled, and that he weareth not the sword but for the defence of the Romish Church, as now he voweth the upholding of his own. Moreover, I would that such as are offended at the said Protestation, should know that the occasion that moved the said Lord King of Navarre to be present at the said assembly at Montauban, was not small, neither of small importance to the reputation of him and his Estate: for it is not unknown to all that his enemies had raised a speech aswell among all foreign Nations, and throughout Europe, as also particularly in this Realm, that the said Lord King of Navarre, had put from about his person the Ministers of his Religion: that he went to Mass: to be brief, that to the end by the death of the late monsieur the Duke, to insinuate himself further in his majesties favour, and to be nearer unto him he had determined to al●er his Religion. Which was a subtle? ●llicie both to bring him into suspicion with his own partakers, and into contempt among the Catholics: so as by that means both parts might have forsaken and despised him, and so he might become a prey to their feigned League, as a man light, unconstant, and of small steadfastness, which is one of the chiefest things that every Christian Prince ought to abhor, especially in causes of Religion, which we may not lightly change, neither without great notice of the cause, and the discourse thereof publicly argued in the Church of God, but especially in our own consciences. Wherefore good men neither aught, ne can mislike that the said Lord King of Navarre doth protest to live and die in his Religion, permitted under the King's authority by his majesties Edicts, published even by the decree of the States of the Realm: neither are we to term him an heretic or obstinate person, until we have lawfully by a free universal or national Counsel, (whether shall seem most expedient) condemned that opinion which he holdeth. Will ye likewise that I show you what mistrust the Catholics may conceive of his goodness and singular clemency? Then would I pray the most passionate to consider and look upon his family: They shall find the same to consist for the most part of Catholic Officers. But of what sort? Even such as are nearest about his person, who have him in their hands upon their honours and consciences, to whom he committeth himself, and upon whom of himself he doth depend, as upon his keepers, Masters of his Guardrobe, Stewards, and many others, who before his face with his liking and contentation being in his train, do ordinarily go to the Mass, & assist at the divine Service ministered after the manner of the Catholic Romish Church. To be brief, even with this quality he acknowledgeth them for his good, faithful and loyal servants. This could they not assure themselves of, neither yet serve him with good hearts, being such men of honour as they are, if in his behaviours they could perceive any mistrust (which is the nurse of hatred and malice) against the professors of their Religion, or if they could find (which were easy to do) that he did evil entreat or forbidden them to serve God after their manner, and so sought to be the tormentor of their consciences. To conclude, all these considerations alleged against the King of Navarre, which are neither true neither of any outward appearance, cannot in the consciences of good men, & truly French, debar him from being sufficient and capable of the Crown of France: yea further, I say that the same notwithstanding, he is your true and lawful King, to whom only you are bound to obey in case during his life, the said occasion of substitution should fall out, which God forbidden, and which also neither he ne we ought or should desire, if either we were Christians, either else did bear any jot of hearty good will or affection to our King.  
18 To proceed, let us see whether a king holding the Sceptre, or reigning over any estate, especially over ours, may appoint and nominate any other successor then him whom nature and the Law of the Realm have given him. This question I do not move without cause, for in truth the perturbers of the peace of this Crown, and such as injustly do pretend to set thereinto a foot, have made a League which they entitle Holy. but all good m do truly name Bloody with the Pope. the Spanierd and the Savoyan, the conspired enemies to France and the Royal blood thereof, through whose help they hope to levy an Army, wherewith to come into the heart of the Realm, only, say they, simply to summon the most Christian King to name a successor at their devotions. Oh what an execrable mischief! to seek to force us to infringe the successive law of this Realm, whereof we have so many worlds enjoyed the blessed good hap? What impudence those that have not almost whereof to live in their own houses, to go about to prevent and overthrow the order and Estate of so great an Empire? This is a wonderful boldness, to endeavour to compel so mighty a Monarch as the French King, and their own lord being young, healthy, and such a one as it if please God, he may grant him the blessing of the posterity of Abraham, to choose him a man to be his Heir. But the French men do assure themselves, that they have a King that is of better bringing up then so, one that is valeant, feareth God, and is jealous of his honour, yea such aone as would not for the getting of the whole world make such a breach in his conscience, reputation, virtue, and memory that our, Children should have cause atro carbone illum notare, saying that he had so far hated himself and his own blood, as to have corrupted the Laws, whereby after his predecessors he doth reign even since the original of the Monarchy, and to have transferred the Crown out of his own family, for the satisfying of the rashness of those, who finding themselves in Arms, might hasten his time, to the end, to cause him the sooner to leave them his room. For what dareth not Ambition and desire to Reign undertake? Moreover, I do most humbly beseech his Majesty to pardon me, though I boldly show him, that it is a thing that he may not do: Also that the Law of the Realm, whereby himself is King, forbiddeth him to meddle therewith, because the same taken order therein, unto whom it is commendable in the Majesty of a Monarch to acknowledge himself bounden. And thus was it judged, declared, and put in execution by the Parliament of the Peers of France for Charles the seventh against the treaty which king Charles the sixth in the year 1420. made in the town of Troy in Champagne at the Marriage of his daughter Lady Katherine unto King Henry the fifth of England, which imported the grant and mind of the said King Charles the sixth, to be that the said King of England or his issue male coming of the said marriage, should be called to the Crown of France, & the said Charles the seveuth be thereof debarred and disinherited for ever. 
Bald. in l. ex hoc iur● fl. de Iust. & jur.  This is not now, say our Masters, the first time that it hath been and perpetually shall be observed by the Salic law of this flourishing Crown, which the King that holdeth the Sceptre cannot alter, because he is but a tutor, protector, collector and administrator thereof, salva eius substantia: itaque nec donare, nec perdere poterit, neither otherwise dispose of the proximity of his blood then the law of the Realm will bear, neither yet transfer it into any other hand than that whereto it appertaineth, although he can have no cause to love the same: 
Deuter. 21.  A man having two wives, the one loved, the other hated, & that they have both brought him sons, aswell the loved as the hated, & the son of the hated be the first borne, when the time cometh that he will divide his inheritance, he shall not make the son of the beloved his eldest to the prejudice of the son of the hated who is the first borne: but he shall acknowledge the son of the hated for his eldest, and he shall give him two parts of whatsoever he hath, for the same was the beginning of his strength, unto whom the right of promogeniture belongeth, saith the text: so that the nearest of the blood is creditor: yea he is moreover I say factus dominus by the decease of his predecessor, 
joh. And. in cap. licet de vor. Panor. conc. 3 Bal. in par. illud de proh. feud. alien. jason 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 whatsoever he hath he holdeth by the virtue and authority of the law of France. Thus do Ih. Andrew, bald, Panorme, jason, Wil Benedict, and all other Writers expressly speak of our Realm, so as who so would take any other course and maiore vi corrupt nature, it would be a blemish to his conscience and soul, and thereof he should answer before God: besides that whatsoever he should take in hand, should be void and of no effect, but subject to restitution by public justice, to the prejudice of his reputation. All men do know what small love was between Charles the eight and jews Duke of Orleans, when he was called to the Crown and bare the name of jews the 12. also the stout mind of Charles to have put his will in execution against the other, if he could have found any argument or pretence to put him back: which notwithstanding matters were then ordered according to the rule of the law of France. Now the King showeth sufficient demonstration by that good will and care whereby he hath honoured the King of Navarre so far as to account him for his Brother in law, that he both loveth and cherisheth him, and also will take him into his protection: so far is this good Prince from going about to blemish his memory with such a deed, as the perturbers of the Peace of this Realm do persuade themselves.  
19 Sith therefore the people and subjects to this Crown may not put to their hands, neither dispense upon whatsoever occasion with the oath that they own to their natural Princes: moreover that the King can take no other order then the foundation and law of the Realm will bear: let us see whether it appertaineth to the Pope of Room, as head of the Church, to meddle therein. I know that the Pope worshippers being more passionate than the true Catholics, do so think and believe. Augustin of Ancona a Doctor of Sorbonne, hath not forgotten it in his book that he sent to Pope john the 22. wherein he excepteth not so much as the Realm of France: as also do not james of Terrano Chamberlain to Vrban the sixth, in his treatise of the Papal Monarchy, wherein they do maintain that unto him belongeth all power both Spiritual and Temporal, as being head of the Church, 
cap. significasti extra de elect.  even above the general Counsels, which saith Pope paschal are not to command him: And in the explication of the decretal of the said Pascal, the Canon Doctors do uphold that it lieth in the Pope's power to revoke the decree of a Counsel, over the which he hath all authority, according to the conclusion of all the adherents to the holy Sea of Rome, which opinion was nevertheless, as heretical, condemned in the general Counsels of Constance and Basil, in the presence of john the 23. and Eugenius the 4 then Popes: 
3. Volume. Conc. sess. 4. & 4. Volume Conc. sess. 12.  according to which Counsels the ancient Bishops of Rome did protest to denounce unto the Church whatsoever themselves could not remedy. And as for Temporal jurisdiction over all Emperors, Kings, 
c. praecipuè xi. q. 3.  and monarchs of the earth, they have made less difficulty, yea, they have dared to say, that the Emperor, who is Lord of the world, both did and ought to yield his oath of fidelitte unto them. 
c. omnes de maior. & obed.  And feign would they make us believe that they took this principle of Saint Clement the third Bishop of Rome, who protesteth, say they, that he learned it of Saint Peter. 
can. alius ●5. q. 6.  They also persuade themselves that Pope Zachary deposed the King of France, the last of the Merovingian race, although in trueeh it was but his advice or counsel given to the Nobility of the land, 
Quaest. 2. cap. 8.  as W. Occam very well saith in his treatise of the power of the Church. About a hundred and fifty years after, Boniface the seventh endeavoured by Sacrilege and other bad hehaviours, publicly to usurp this Tyranny: which Pope Gregory the seventh otherwise named Hildebrand, durst openly maintain, and withal put it in practice against the Emperor Henry the fourth, to whom he opposed Rodolph Duke of Sweve, grounding his proposition, not upon the fable of Constantine's donation, neither upon the liberalities of Pepin, Carlemaign, or jews the Méek Kings of France, but upon God himself and Saint Peter: saying, that of them he had received the two swords, the Spiritual and the Temporal. In an other place using these words, Pasce oves meas, for the deposing of the Emperor. He said also that he bore claves regni Coelorum, 
elem. unic. de jurejus.  to usurp authority and enterprise against all the Kings in the world: by which his great cunning, he became King of most part of Italy, notwithstanding the Emperor Henry gave him 62. Battles: 
Abbas Us. pergen. in Henr. 4. Benno de vit. Pontif.  therein exceeding the great Marcellus that was termed the sword of the Romans, and the invincible Cesar: of whom the one fought two and thirty pitched fields, the other two and fifty. The like did paschal the second, and Calixt the second against Henry the fifth, Son to the aforenamed, upon the same reasons: as did also Adrian the fourth and Alexander the third, who set his feet upon the neck of the Emperor Frederick Barberousse: Neither was Innocent the third more modest in the behalf of Philip son to the said Frederick, against whom he stirred up Ottho, son to the Duke of Saxony, who after was Emperor by the name of Ottho the fourth, after that with most arrogant, proud, and commandatory speeches, grounded upon these words: Tues Petrus, 
c. Venra. bilem ext. de elect.  & super hanc petram aedificabo Ecclesiam meam, adding thereto the saying of almighty God to jeremy, Ecce constituit● super gentes, & regna: so comparing himself to the Sun, 
jerem. 1.  and the Emperors and Kings to the Moon, he had pronounced sentence of excommunication and deprivation of his Empire against him. 
In cap. solitae ext. de maior. & obed.  So great also was the malice of the said Innocent, against the Emperor Philip, that to spite him, he disannulled the election of Luipoldus to that Archbishoprik of Mentz: wherein saith the Abbot of Vspergue, he did most unjustly. Gregory the 9 as saith Sabellicus, 
c. bonae memoriae extaa de elect.  and the said Abbot, deprived Frederick the second of his Lands and Realms for frivolous causes and of no importance: 
Aenead. 9 lib. 9  whose sentence nevertheless was confirmed and again published by Innocent the fourth, successor to the said Gregory, and after by Boniface the eight, 
c. ad Apostolicae de re iud. in 9  inserted into his sixth book of Decretals: in which place he useth these words of the Scripture, Quodcúnque ligaveris etc. as an authority wherein to ground the execution of his will. Bald also and john Andrew, very Catholic Glozers, do confess that in deed he seemed rather a party then a judge. Ni●holas the 3. who followed soon after, seeking to take the whole government of the Town from all but the Pope, forbade that neither King, Duke, Earl, or Marquis, should be established, or accept the authority of Senator, or Governor therein: declaring that the jurisdiction thereof belonged privately to the holy Sea, before all other: not in respect of Constantine's donation, but through these words, In omnem terram exivit sonus eorum: 
c. Fundamenta de elect. in 6.  and such other which he interpreteth as he thinketh good. Which in effect are the very reasons whereupon Boniface the eight excommunicated King Philip the Fair of France, and gave his Realm for a pray to the first that could seize upon it, 
extravaganti unam sanctam de maior & obed.  as we read in his constitution in deed extravagant: in the which he exempteth neither Emperor nor King from his subjection, even in Temporal causes, as he saith. 
c. pastoralisdereiud. in 6 in l. liberti C. de oper. liber.  Also by virtue of that great power, Clement the fifth disannulled the sentence given by the Emperor Henry the seventh of Luxembourg, against Robert King of Sicily: after he had procured the proysoning of the same Emperor by a monk, in ministering to him the Eucharist. Which bald confesseth to have been a presumptuous and wrongful deed. Finally, by those Tragedies that john the 22. Benedict the 12. and Clement the 6. stirred up throughout Christiandome against the Emperor jews of Baviere: as also in our days Alexander the sixth, and julius the second, did no less, neither had any other ground. We may see the causes whereby the Popes do pretend authority to depose Kings, subvert Realms, and give them in pray to whomsoever they think good. True it is, that such of them as have most dissembled, have ever exempted the Realm of France. Innocent the third, writing to the Prelates and French Nobility for john without land King of England, 
c. no●●t ex ●ra de iudi.  declareth that he will enterprise nothing against the Majesty of the French King. But Hostiensis, who knew the Story, doth in this place write, that the Protestation was contrary to the effect, because the said Innocent went about to hinder King Philip august from using his feudal right over the Duchess of Normandy, Guyenne, and other the Lands holden by the English, and fallen into the lapse through the murder committed upon Arthur his elder brother's son. In an other decretal Epistle the same Pope confesseth, 
c. per vene rabilcm ex tra qui fill. sint legit.  that the French King in Temporal causes and government of his Realm acknowledgeth no superior. Clement the fifth in his extravagant, for appeasing King Philip the Fair, who was stirred up by the insolency of Boniface the eight, disannulled, & revoked his declarations against the Realm of France, 
extravagantimeruit de priuil.  and avowed the same not to be subject to his Sea by virtue of the said constitution. The same Pope also protested that the power which his Officers used against the said Kings subjects, during his being in the Realm, was by the permission of the said Lord King: as appeareth by the protestation the same time enrouled in the Court of Parliament: for in truth it hath ever more been resolved, and is a case most certain that the King of France doth upon earth acknowledge no superior in whatsoever concerneth the policy & government of his Crown, neither was ever subject to the Roman Empire, from the which he wrested the Gauls with the point of the sword. And although the French Kings were sometimes Emperors themselves, yet did they never submit this Crown to the Diadem Imperial: whereupon the King's Atorney general would not suffer the Emperor Charles the fourth, being in the Parliament, there to make a Knight, without king Charles the 5. his express permission: As also the Emperor Charles the fifth passing through France, obtained the good will of King Frances the first, to pardon sundry offenders, because no other than his Majesty hath power or authority over the temporal causes of his Realm. among which is undoubtedly the punishing of transgressions, yea, even of heresy, of the which we now speak, the notice and jurisdiction whereof have ever more been left, and with good reason belongeth to the secular Magistrate: because we ought to consider the law of God, first in this world, whereto the politic and temporal Magistrate, preserver of the society of men, and earthly policy, for the avoiding of confusion and trouble, forceth every one to obey. Secondly, in the world to come, wherein God only judgeth and punisheth, not leaving in this world, in respect of himself, any Magistrate to be the avenger of the injury to him done in the transgression of his ordinances. 
Lu. 5. & 22  For the Priests who are the guardians and Schoolmasters of God's law, are not constituted judges, but easy Physicians to the soul: and God's commandments are no such Sanctions as import punishment, but most loving doctrine and admonitions: otherwise if by the sword we should be forced to the observing of God's law, the desert were small. Upon which point the Apostle said: 
2. ad Cor. cap. 1.  Not that we rule over your faith, but are helpers to your joy. And in an other place: 
2. ad Tim. cap. 3.  All Scripture is inspired from above, and is profitable to teach, to convince, to correct, and to instruct to righteousness. 
in Dialog. de dignit. sacerd.  He saith not to force, or to punish. Chrisostome very carefully divideth the royal power from the ministery of the Gospel, saying that the ministery is a function committed by God, to the end to teach without weapons, also that it is no power to give or take away Realms, neither to make laws for politic government. Our French Bishop S. Hilary writeth as much to the Emperor Constantius: also against Auxentius Bishop of Milan. And this the good Fathers learned at the mouth of the Son of God our Lord jesus Christ, 
Matth. 20. Luc 22.  when he said to his Apostles, The Kings of the nations have dominion over them, 
Math. 19  but it shall not be so with you. 
Matth. 10. Luc 12  In an other place he promiseth them that they shall sit with the Son of God, when he shall come in Majesty to judge mankind: but that contrariwise so long as they remain in the world exercising their ministery, they shall be brought before Kings and politic Magistrates for his sake: 
joan. 6.  so far shall they be from being Kings and judges themselves. 
joan. 18.  The head of the Church, even jesus Christ, fled when they sought to make him King, declaring that his Kingdom was not of this world, wherefore he would not be judge among those that were at controversy: yea, he submitted himself to the Kings of the earth, 
Luc. 12.  paying unto them the tribute which was unto them due, together with that which was assessed upon 
Matth. 17.  the heads of every of his Apostles, evermore referring the reward of his grace, 
joan. 18.  & revenge of trespasses against him committed, unto the kingdom of heaven: enjoining his Apostles to do the like, and to imitate his example, as they have done. 
2. ad Tim. & 1. ad Cor cap. 6.  The Apostle Saint Paul said: Let no man that fighteth in the lords warfare trouble himself with the matters of this life: Again, The minister of the Lord ought to be loving to all men, meet to teach, patiently bearing with the wicked, with modesty reproving such as withstand the truth. Briefly in one word to say all: there be two kinds of jurisdictions: the one earthly committed into the hands of Kings and Princes, to whom every one of whatsoever degree or calling, Spiritual or Temporal, 
Rom. 12.  Priests, Bishops or high Priests ought to obey, as it is written, Let every soul be subject to the superior powers, upon which place Chrisostome saith the Apostle used this word every, to show that there is no creature that may be exempt, whether he be saith he, Apostle, Prophet, Evangelist, Priest, Monk, or other whosoever. We also find, that in the Primetive Church, before pride & Ambition took root in the bishops hearts, that the Popes of Rome never made any question thereof. We have also amoug us a request exhibited by Boniface the first to Honorius Emperor of the West, wherein he beseecheth him to decree, that afterward the Bishops and Popes of Rome might not be chosen by favour, or any other unlawful mean, 
c. Ecclesiae c. victo. 97. dist. c. si duo 79. distinct.  whereto the same most Catholic Prince maketh an answer worthy such a request. In the time of Odoacer, King of the Herules, who began to reign at Rome in the year 471. and ruled full 14. years, after he had put to death Orestes and his Son Augustulus the last Emperor of the West until Charlemain, there were goodly decrees published and received in the Church by the Clergy, until such time as Theodoricke the Wisigot, 
c bene q●i de 96. dist.  whom Zeno the Emperor of the Eeast sent into Italy, had overthrown him. Pelagius the first, made confession of his faith, and swore in the hands of Ruffian the Ambassador of of Childebert King of France. Pope Leo the fourth swore and protested, 
c. satagendum 25. dist.  that he would and did intend to observe the Laws which the Emperor Lothair the first, son to jews the Meek, and nephew to Charlemain, made at Rome in the presence of Pope Eugenius the second, whereof some are inserted into the Book of Digests, 
cap. Constitutio feudi dr Lotharij lib. 1. fud.  the inscription whereof do import that the Emperor made them ante ianuas beati petri ad limina, in atrio: which was the place where the Christian Emperors were wont to make and publish their Edicts, if we may believe Cassiodore, and others. The said Emperor also created certain Magistrates in the Town to exercise the imperial jurisdiction. 
Casssod. lib. 9 Varior. Blond. sabel. Egeus. Platin.  The same Leo doth sufficiently declare what respect the high Priests of Rome did in those days bear to the Emperors, when he sued to the same Lothaire and his son jews the second, to confer the Church of Rheatine or Tusculum to one Colonus a Deacon, 
c. Rheatina. 63. distinct.  assuring their Majesties of his sufficiency, and promising in the name of the said Colonus, that he should pray to God for them. This was the same Leo that pleaded his cause and purged himself of the treazon whereof he was accused before the Emperor jews the second, 
c. de captulis c. fin. 10. distinctr  son to the said Lothaire, as appeareth in the decree of Gratian. The like declaration did Pope john the eight make to the same Emperor jews the second, 
c. si nos incompetenter 2. q. 7.  son to Lothaire. By the decretal Epistle of Honorius the third, who lived about the year 1216. it appeareth that as yet the remembrance of the emperors laws was not utterly abolished out of the Catholic Church, 
c. 1. extra de juram. calum.  and that the Priests and high Priests had not as yet wholly shaken of the yoke of the same, no not in those that they term Spiritual causes, as, if any question were moved of an oath in law for the decision of process, 
l. 1. C. de iure. calum.  in which case he reneweth the ancient edict of Martian, and justinian the first. To conclude, for the stopping of the mouths of those that do maintain, that the Pope, Bishops, or other of the Clergy, may establish any earthly Kingdom apart, which shall not be subject to the Emperors and Kings of this world, but rather such a one as may at pleasure command and supplant the same, let them diligently search throughout the whole Scripture, what authority the Kings and Princes of Israel, had over the Priests and Clergy in God's law, which since the time of grace is not diminished, and there shall they evidently find their great authority over them, notwithstanding it was never lawful for the Kings to execute the office of the Priests: for undoubtedly the ministery is one thing, and the orders & discipline of the Clergy is an other, 
c. siquidem c. sicut. xi. q. 3.  and merely temporal. The other head of jurisdiction is in heaven, which we are to look for at the judgement of GOD, and yet not to persuade ourselves that the law of jesus Christ is lame or unperfect, because in it it containeth not any punishment or earthly revenge of trespasses against evil livers, considering that the same being heavenly and spiritual, it will yield reward or punishment in the everlasting world: so that (as said Alexander Severus of perjury: 
l. i C. de reb. cred. & iute iu●.  Whosoever offendeth against God, hath God a sufficient revenger.) our good God hath referred to himself all the punishment, to the end the sinner may have means 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 the earthly Magistrate hath in his policy taken any order for such causes, then is it his office to revenge the injury done to his edicts and decrees: for so, 
c. principes. 23 q 5. c. fin. 2. q. 7.  as saith Isidore, The Kingdom of God increaseth through the means of earthly Realms, to the end such as be of the body of the Church, if they offend or blaspheme, may be punished by the rigour of Princes, and so that discipline whereto the Church can not bind them, may nevertheless be preserved through the authority of Monarchies. The like whereof have been used against heretics by all Christian Princes, especially in our France, by an infinite number of laws both old and new of our most Christian Kings. 
Lud 9 Feanc. 1. Henr. 2. Barol. 9  And in troth, if the Bishops or Priests should take notice of the punishment of heretics, it would breed confusion of jurisdictions and offices: aswell might the Goldsmith be judge of the gold that himself had wrought: The Physician of his own cure: to be brief, every one should plead and decide his own cause, contrary to all reasonable order. The example also of the Apostle Saint Paul, 
Act. 25.  whom the jews accused of heresy, doth sufficiently teach us, when by himself it appeareth that he was brought before Festus the emperors Lieutenant, unto whom the accused did confess that the notice of his cause did appertain, and therefore required assignation for his accusers before the Imperial Majesty. The Emperor Honorius appointed the Provost Marcellus for judge & Arbitrator between the Catholics and Donatists. 
Opt. in hist, Afr.  Dulcius also was Provost of the Empire, who at the pursuit of the Catholics, was enjoined to make up the process of the said Donatists in Africa, as Saint Augustin doth report: and they required to have them condemned by his ordinances, 
tract. 2. ad 3. cap. joh.  as testifieth Gratian in his decree: wherein in an other place is written the opinion of Pope Pelagius, 
c quando 23. q. 5.  importing that it were meet that heretics were punished by the secular power, according to which reason Saint Austen also doth testify that the Emperor Valentinian sent the Provost Dalmatius unto him to assign him in his privy Counsel. 
Epist. 32.  So as we are not to doubt but that the punishment of heretics appertaineth to the Princes temporal jurisdiction, 
l. nemo ●. de Apo. stat.  who by his decrees hath limited the punishments which they may deserve.  
20 In deed it is the duty of the Priests and Bishops to know, 
Mat. 18. 1. ad Cor. 5.  and withal to declare by the holy Scriptures, together with the judgement of the universal Church, who it is that hath transgressed the will of God, and being a Christian, hath departed or disunited himself from the body of the Church. Those be the true keys of heaven which God hath put into their hands, 
Mpt. 16.  and the two sword that they bear, whereby the Priest showeth and pointeth out such as are soluti vel legati ab Ecclesia: wherein only consisteth his power to bind or lose in heaven: as S. Jerome doth very well note in his opening of the place of Saint matthew, 
Distinct 18. cap. 7.  which concerneth this authority: as also the Master of Sentences is of the same opinion: neither is this power so small that the faithful Christians should contemn it: For without doubt sin proceedeth of offence, and so immediately is brought in the bond that thereby we make to God's enemy, which unless we do revoke, we must of necessity be driven out of the Church, and as rotten members of the same be given over to Satan. Nevertheless, he who by contrition for his sins, and confession of the same will reclaim himself, doth immediately recover three benefits repugnant to the other: which are, forgiveness of sins: the canceling and discharge of the Obligation made unto the devil, and reconsiliation to the Catholic Church: 
Magist. scent lib. 4. distinct. 28. cap. 4.  wherein consisteth the true penance that the Priest or Bishop doth minister and enjoin us by virtue of his authority to bind or lose in heaven or in earth. So as it is evident that the order of Priesthood and Ecclesiastical power, hath evermore been necessary in the Church of God to keep, teach, and maintain our souls in the knowledge of his holy will, to the end thereby to obtain his grace and favour in the life to come. For notwithstanding man was created to the Image of God, and of his everlasting Kingdom, whereby he was perfect, and needed no other instruction or Schoolmaster, yet after his fall, and the corruption of our first father, he stood in great need to be restored to his former knowledge, and the favour of his Creator: for the obtaining whereof, he was enjoined to keep sundry precepts, and very strait laws, under pain of deadly and everlasting damnation, until the time of grace, wherein it pleased God to break and take away the veil and rigour of the ancient law, and to forgive our offences through the passion of his dear Son jesus Christ, for the enjoying of the fruits whereof, he hath left us in pledge his holy Sacraments, for the administrations and discipline of the which, he hath committed and sent his Apostles, Priests and Doctors, the administrators and guardians of the same: In such wise that as the end and purpose of the Architect is the perfection and finishing of his building & house, so the only end and office of the Clergy, is sufficiently to teach us those things that appertain to our faith and belief, reforming our actions by admonitions and gentle persuasions, that thereby together with God's grace, we may attain to everlasting salvation: neither hath God given them any other dominion over us, but only admonition and instruction in his knowledge, setting before us the reward of well doing, and the revenge of wickedness in the universal doom of the heavenly Majesty.  
21 But in as much as the people have not to deal therewith, also that the Bishop of Room in that quality which he pretendeth, hath no such power, his authority being merely and simply Spiritual, and in no point concerning the Realms of the world: what shall we then say if Emperors or other sovereign Kings were (as they are men and subject to corruption,) heretics, or otherwise evil livers? were it not a marvelous offence to see them reign with all power, and be as scourges and persecutors of God's Church? In this question I am to desire the French to weigh the answer of that wise and great parsonage Saint Augustin. If Emperors, saith he, 
Epist. 50. ad Bonif.  be in error, and according to their error do prescribe laws against the truth, whereby the righteous may be tried and crowned, he answereth not that they must be expelled or deposed of their Empire, 
c. Imperatores xj. q. 3.  but only, we must not do those things that wickedly they command. 
julianus xj. q. 3.  Neither doth Saint Ambrose find fault with the obedience that the Christian Soldiers yielded to the Emperor julian the Apostata: only he warneth them to do nothing repugnant to the honour of God. S. Peter persuaded not the Church to depose Nero, the conspired enemy of jesus Christ, but contrariwise admonished all Christians to honour and pray for him. The holy Legion Fulminatory made no difficulty to go to the Wars, and to venture their lives under the Emperor 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 piety of Religion made a severe Decree, 
Eusebe. lib 5. caeteri in M. Anton. vita. Tertul ad Scapul.  the marks whereof are yet to be seen in our Pandects, and Eusebius, Capitolinus, Dion, Xiphilinus, and others do make mention of the same. Tertullian in his Apologetical treatise, sufficiently setteth down the malice of the Emperor Severus against the Church of the Christians, 
In Apolog.  and yet let us mark what he writeth of their affection to the Prince. We are (saith he) descried unto the emperors Majesty, and yet were the Christians never proved to be Albinians, Nigrians, or Cassians, who were the conspirators against the Emperors, M. Antonius the Philosopher, Commodus, Pertinax, and Severus, each after other, but contrariwise those that lately took the oath & condemned the Christians, have been found to be the emperors enemies: never a Christian was there in that faction, as knowing that the Imperial Majesty ordained of God, must be loved, reverenced, and honoured, whose prosperity, as also the welfare of the whole Roman Empire, they are to desire, so long as the world standeth, for so long shall the same continue. We do therefore worship the Prince, according as is lawful and requisite, his Majesty being second after God, of whom he holdeth his authority, and hath nothing greater than the heavenly power. Constantius, Valens, Zeno, Anastazius, justinian the first and second, Heraclius, Leo the 3. Philip Bardanes, Constantin the 5. Leo the 4. and some other Emperors, who were adjudged heretics, were never deposed, notwithstanding the Catholic Church condemned their errors, which nevertheless is permitted to excommunicate Kings and Princes, Sectaries of false opinions, or otherwise evil livers, in case the same will not acknowledge their vice or transgression: which one only Bishop or high Priest whatsoever may not do without the judgement and notice of the Church, after it hath heard the King or Prince in his exeptions and defences: wherein undoubtedly aught to be strictly observed all order of justice, 
c. praecipuè c. si episcopus c. siquis. presbyter. c. si quis episcopus xi. q. 3.  in respect aswell of the gravity of the cause as of the quality of the person in question, whereupon may depend the trouble and subversion of Christian policy, through such civil wars as might ensue, together with the blood of the poor faithful, which the weapons of the provoked Prince might shed: as Saint Augustin to the same purpose doth confess, and discourse upon in his Gloze upon that precept whereby we are commanded to obey our Kings. Moreover, excommunication denounced contrary to the orders of the ancient fathers observed in the Church, 
ad Rom. 131. ad Cor. 6.  and without the knowledge thereof, would prove unjust, and utterly void, and thereby not the taxed but the taxer might take harm: as Gratian teacheth, expounding a place of S. Jerome upon Leviticus. 
c. siquis non rect. 24 q. 3. c. manet 24. q. 1.  Pope Leo also affirmeth that the privilege of Peter is in force wheresoever judgement is given according to his equity. Innocent the third, how zealous he was of his authority, confesseth that if the excommunicated pretend that unjustly he was so denounced, he may complain and exhibit the case of his innocency. In France by the privileges of the Flowerdeluce, 
c. per tu●● extra de sent. excom.  it hath often by arrest of the Court been adjudged, that the King, his officers or subjects in body or commonalty, cannot be excommunicated by the Pope, or any other Bishop whosoever Whereupon Charles du Molin, a famous advocate, and one of the greatest Lawyers of his time, testified that he had to that end an express Bull of Pope Martin the 5. 
In. 4. part. stil. parl. extravaganti frequentes de iudic.  which was nothing repugnant to the law by the Popes commonly observed: for john the 22. declareth, that he may grant privilege to some one, that he shall not be excommunicated: whereupon Pope Eugenius the fourth, concurring with the Court of the holy Apostolic Sea, granted to the French that no Bishop whatsoever, should entangle them in the sentence of excommunication. But we have not for this occasion to deal either with Bulls, 
extravaganti divina priuil.  or privileges of the Church of Rome: for by the rights, authority, & dignity of the Majesty of our king, it is not lawful for the Pope, or any Bishop whatsoever, to excommunicate either town, or commonalty subject to the Realm of France. By reason whereof in the year 1488. the Attorney general appealed as of abuse from the excommunication that the Pope had laid upon the Inhabitants of Gaunt, because they had dealt hardly with the Emperor Maximilian their Earl, and Vassal to the King of France, to whom only he ought to have had recourse, as unto his Lord, for remedy: the Pope having no authority over the subjects of this Crown. To the same end also Charles the fifth by an Edict verified in his Parliament in the year 1369. expressly forbade all Bishops, and Prelates, for whatsoever cause, to lay the sentence of excommunication upon any Town, Commonalty, College, or body corporate of his Realm, the same being under the only correction and power of himself, and of none other in the world: which Edict was also renewed by jews the 11. in the year 1467. whereof is grown a custom inviolably observed in France, as the Oracle of Apollo, of Appellations as of abuse in the Court of Parliament against the Pope and his Clergy: without which remedy, the Priests would in France erect an other and more mighty Monarchy than the Kings, for the maintenance and dignity of the which all good Frenchmen ought rather to die then suffer it to be diminished. So, that the Pope and Bishops can proceed no further, then to excommunication of particular persons, according to the order of old time observed by the holy Decrees and Canonical constitutions. Thus to conclude, you see how to proceed against Kings and sovereign Princes, Heretics, or otherwise offensive to the Christian Church: which excommunications (being by order of law evermore observed in the flourishing and Primitive Church) denounced, we are to dispute whether by the same we be discharged of that faith and oath, that by nature we own unto them. Wherein are but too evidently known the constitutions of the Pope's Gregory the 7. Honorius the 3. Lucius the 3. Innocent the 3. and others, by the which they do not only declare the subjects of an heretical or excommunicate 
c. iuratos c. nos sancto rum 16. q. 7. cap. ad abolandam c. vergentis c. fin. X. de he ret c. fin. X. de pen.  Prince absolved from their oath of fidelity: but, which is more, do upon the like penalty forbidden the vassals to obey their Lord after he is adjudged such a one. Nevertheless, I think not but such decrees proceeded of a marvelous passion of the Popes of those days against the Princes of their time: And in deed john Andrew, Innocent, Archidiaconus, Panorme, & many other learned glozers upon the Decretals, being of a contrary advice, do allege great difficulties thereupon, and in their hypotheses do particularly expound them, in case by the sentence of excommunication it be expressly set down that the subjects shall be discharged of all right of vasselage: otherwise they do judge the obligation not to be extinct or diminished by the excommunication of their Lord, which last in sundry considerations full of Religion and civil piety seemeth to be of great appearance and too too true. First, that we are bound to obey our Kings, whether good or bad, because they are chosen & given to us by the hand of God, even such as it please him to give to rule over us. Secondly, that the excommunication importeth no alteration or diminution of the quality of the person, nec habetis capitis minutionem, as the Lawyers do say, to contain or comprehend therein deprivation, or publication of goods, 
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. Moreover, excommunication is a Spiritual discipline, medicine, and admonition, and hath no participation with worldly and temporal goods and means, 
2. ad Cor. cap 10.  whether great or small, as S. Paul saith, The armours of our wars are not carnal: therefore, sith Realms and Lordships are for the most part patrimonial, 
l. in agris. ff. de acq. rer. dom. l. fin. ff. de calum. l. obligatio mum ff. de obl. & act  or at the least terrestrial, whose property and possession doth no way concern the kingdom of God, the declaration of the loss of the one, bringeth no consequence for the deprivation from the other. Paul the Lawyer also teacheth us, that quod alicui debetur, certis modis deberi desinit, among which is not to be found the excommunication of him to whom we acknowledge ourselves bound: for otherwise the vassal and subject should reap benefit, commodity, and discharge, in the destruction and hindrance of his Lord: Besides, that the excommunication tendeth not in worldly matters to impoverish the party condemned, but only to deprive and declare him unworthy 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 faithful, when they shall consider the gravity of the offence, and thereby way the public slander arising thereof. Secondly, to drive the condemned to call to mind, abhor, and be contrite for his offence, seeing himself delivered into the hands of his mortal enemy Satan, and humbly to crave reconsiliation at the catholic Church, from whence he is banished, 
Epist. ●.  in exilio sinitimo, said Alexander the Martyr: which we may sufficiently learn by the ancient form of satisfaction, which the Primetive Church enjoined to the parson excommunicate, that is, to confess his fault before the Priests and assembly of the faithful, 
Luc. 7. 2. Reg. cap. 12.  in whose presence he was reproved, blamed and condemned to abide in a certain place without the communion and assembly of the Church, with certain outward works of a penetontiary as well in habit and behaviour as especially in his diet, in which form he should exhibit petition and supplication, both to the Priests, and to the whole congregation, 
1. ad Cor. cap. 5. item 2. cap. 2. & 7. Iosu●. cap. 7.  to be forgiven and unbound from his offence: whereupon the Church by the advice of the Ministers thereof, sometimes condemned him in great amends, and so by little and little received him again as she thought good: For at the first he was only admitted to hear the word of God: after that he was received 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 faithful: finally by the imposition of the priests hands he was restored to his former estate, and then was it not lawful for any to reproach unto him what was passed. So as by this form of excommunication and penance, or satisfaction extract out of the ancient Counsels of Ancira, and Nice, we may evidently judge that it no way concerned the temporal goods, as of those that the Church hath not to dispose of, neither did it import other than the exemplary correction of the excommunicated, for the slander by his offence committed against the Church, either else according to the holy scripture, for the subduing of the flesh, whereby the soul may be saved in the day of our Lord jesus. Moreover, 
1. ad Cor▪ cap. 5.  it seemeth that Gregory the seventh, Innocent the third, and other the high Priests did so understand it, when in the excommunication of the Lords, and of those that were conversant and had dealings with them, they would not include their officers, servants and others, who by necessity do owe them obedience, as do the vassals and subjects of the Crown, 
can quoniam multos xj. q 3. cap. cum illorum x. de sent. ixion.  who naturally and civilly are bound to their Kings and Princes: So that the necessity of their bondage exempteth them by the judgement of the Church, out of the general excommunication denounced against all other persons that have dealing with the excommunicated. And particularly Innocent the third in his decretal Epistle written to the Doctors of Boulogne, 
c. inter aliù x. de sent. enxcon.  declareth that the debts, letters, and obligations of excommunicated persons are not called in question, neither are the debtors discharged of the same: much less to be blamed for paying and satisfying their creditors, considering that the necessity of their obligations do thereto bind them. 
Arist lib. 2 Politic.  And there is no doubt but the private family and household of every one is likewise a little Commonwealth, aswell as the Commonwealth is a great family, whereof the King that ruleth it is the father and defender, so elected and ordained by God, as father of the household among the children. Innocent the third therefore exepted out of the excommunication of those that were conversant with the condemned, all such persons as by necessity of the laws of household were bound to yield their due obedience, which shall never be more strict, great, or commendable in the children of the household servants, toward the father of the household, than it ought to be in the subjects toward their King or sovereign Prince. And effectually to show that the excommunication of the King dischargeth not his subjects from their vowed faith, let us call to mind the ancient examples meet and commodious for this argument. 
c. eum apud xj. q. 1. volume Conc. fol. 553. Nicepb. lib 13. ca 34. can. praecipuè c. Theogal. dum xj. q. ●.  The Emperor Theodosius the first was justly excommunicated, for the murder of the Inhabitants of Thessalonica: His son Arcadius, for expelling and deposing S. john Chrisostome from the Church of Constantinople: Zeno, and Anastazius, for being Eutichians: Lothaire the first, for his adultery committed with Gualdrade: which notwithstanding their subjects were not discharged of their bonds and oaths whereby they were to them bound, against the which also they never made any difficulty to obey those Emperors, as their lawful Lords. Dagobert King of France who became a Nero, and after the first years of his quiet and Catholic government, began about the year 637. to trouble the Churches, destroy the Temples, banish the Clergy, and commit an infinite number of other insolences, for the which Severinus Bishop of Room, did greatly reprove him, was not nevertheless driven away by his subjects, who with earnest prayer, obtained at the grace of God that this Prince repent, and ever after served God faithfully all the days of his life. When Pope Celestin the third had excommunicated Philip Augustus' King of France in the year 1197. for forsaking without lawful occasion his wife Isambergue, sister to King john of Denmark, his States and subjects did not nevertheless expel him or deny to acknowledge him to be their King and Sovereign. When Boniface the eight had cast forth his poisoned Bull against Philip the Fair: the Nobles & Prelates of the Realm assembled at Paris declared that the Bishop of Rome had no authority so to do. When Pope julius the 2. excommunicated and interdicted King jews the 12. 
Massaeus in Chron.  whom justly we term father of the people, the Prelates and Nobility assembled at Tours, protested it to be lawful to contemn the said Thunderbolt, & the same notwithstanding did swear 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 canonised, yet was he not cast out from his kingdom, neither did his subjects with earnest affection deny him their accustomed obedience. john without Land King of the same I'll, was never dispossed, neither did his subjects molest him, in respect of the curse that Innocent the third had denounced against him in the year 1212. until he became a Tyrant and extreme oppressor of the people, who then, being provoked, under pretence of the said interdiction, did him some displeasure: Howbeit, so soon as he seemed willing to mend his manners toward the English nation, they fell at his feet, and expulsed jews of France, whom they had subrogated in his place, & so soon as the said john was dead admitted his son Henry. King Henry the eight of the same I'll, was very faithfully obeyed by his subjects, after that Pope Paul the third had excommunicated, interdicted, aggravated, and reaggravated the curse against him, whereby some were somewhat shaken from his obedience. Su●noo King of Denmark about the year of our Lord 850. 
john. Magn●i●hist. Goth.  was justly excommunicated by the Bishop of Roscholech, for becoming an Apostata, and procuring to slay sundry of the Princes of his blood in the Church founded in the name of the holy Trinity in the same Town of Rhoscholech, the entry into which Church this Bishop forbade him, together with the communion of the faithful: but he did not nevertheless deprive him of his Crown, neither did his subjects refuse him their faithful service, although Canutus and Wademarus, two of his chiefest favourites and privy Counsellors, who sought to share the Realm with Suercherus King of Sueden, did thereto suborn them. Brigerus King of Sueden, who reigned about the year 1300. was one of the most wicked and cruel Kings that could be, especially against the Church and Churchmen, but chief against Nicholas Archbishop of Vpsale, whom together with the rest of his Bishops he committed to prison, whereupon they excommunicated him, and Turgillus Canutus his Lieutenant general, and author of his behaviours: nevertheless the people, though thereby stirred up against their King, and having greater opportunity to rebel and shake of the yoke of his obedience, under the conduct of Wademarus, and Henry his brothers, who sought no better occasion to put out their brother, would never hearken to them, neither hinder or become cruel to their natural Lord: so as the two brothers were forced to employ their other friends for the executing of their intents against Brigerus, whom when they had taken prisoner, they were nevertheless compelled to force all the towns, neither found they any one that would yield to them: so greatly did the Subjects of the Realm account themselves bound to the service of their King, whom they knew to be wicked, excommunicate, and an evil liver: beside, a prisoner, and captive in the power of his brethren, whom in the end they forced to set him at liberty, & to submit themselves to his obedience: Of such force is the bond of good people to their King, whatsoever he be. In Poland Boles●aus a Prince of most wicked life, 
Cromer. in hist Polon.  a common adulterer, an enemy to the Church and Clergy, after Stanis●aus Bishop of Cracovy, had often admonished him to amend, was by him at length excommunicated, whereat the King being offended did put the said Bishop to death: for which cause Pope Gregory the seventh did confirm and aggravate the said excommunication, with a general interdiction against the Realm, about the year 1079. yet did he still reign by the consent and with the obedience of the Polonians, over whom he ruled a whole year and more, until in his journey to Ladislaus King of Hungary, he flew himself, peradventure through the just judgement of God. The Emperor Sigismond and his faction could never win the Bohemians from the due affection that they ought to his brother Winceslaus their natural King, though vicious, wicked & filthy, for the which offences through the practices of the said Sigismond, he was often imprisoned and excommunicated by the Bishops of that country, yea by the Electors deposed from the Empire: so as in the end he died in Boheme, still taking the place, order, and quality Royal, through the goodwill of his Subjects, who deemed, that the same could not particularly contain any dispensation to discharge the subjects thereof of the oath and faith that to him they ought: as also they may not be discharged from his bondage but only by death, or his own liberal session which he would make to an other: as did Albert King of Sueden, about the year 1388. being prisoner to Margaret Queen of Denmark and Norway, to whom he yielded whatsoever his right to the Crown of Gothland and Sueden: whereby the States of the country swore their faith and homage to the said Margaret, and after they had secretly inquired of their King, & sundry times solemnly desired him to show them his mind, or else to discharge them of the duty wherein they stood bound to him, although undoubtedly the Swedens had great cause to seek his mishap: for all Histories do agree, that never Prince committed so many outrages, and wrought so many injuries to his subjects as had this Albert. It therefore remaineth that by the law of Nations, the inviolable keeping of the obligation that the subjects do owe to their natural Prince, and not to departed therefrom at the appetite or sentence of others, have even among the most barbarous people been evermore observed, so as we ought, in respect of the bond that we own him, say of the King and his blood, as of Matrimony, whom God hath joined together, let no man put a sunder.  
22 But let us more particularly learn whether the sentence of excommunication, were lawfully, upon reasonable cause and exemplary occasion, pronounced against a King, and done by the judgements of many Popes of Room within these five hundred years, against such Kings and Emperors, to whom they have borne bad minds. Although I think it not meet to ground any law upon the examples of these men, in troth, full fraught with ambition, & more than humane affection: but it is requisite to examine this question by the rules of God's law and politic reason, established for the preservation of the society of mankind. Herein therefore I say that the sentence of excommunication denounced against a King, how just soever the cause be, and containeth dispensation for the oath and duty that the subjects do owe unto him, this licence and toleration unto the people granted, is repugnant to the law of God, and all man's reason. For, sith the subjects are by God's commandment bound to obey their Princes whatsoever, without any further enquiry of their consciences and behaviours, 
john. 8.  they cannot by any tradition or permission of man, either general or particular, be dispensed with: 
in can. sicut 14. dist c. sunt quidam 25. q. 1.  because no man can enterprise upon God's ordinances: and every dispensation so granted is void, as being repugnant to the divine providence: As Pope Leo and Vrban, have very wisely confessed. Especially sith this dispensation cannot be put in execution without great slander and shedding of blood, by reason of such wars and quarrels as will be raised through the rebellion of the Subjects against their Prince & their King's resistance, not only in respect of his conscience, but also for his Estate, and the defence of his Crown. In such necessities therefore, Pope Gelasius teacheth us, that we are especially to beware of those things that cannot be received without great inconveniences. 
c. elfi ●●ta 11 q. 7.  Besides that the jurisdiction and power of the Church, extendeth not to temporal goods or causes, but as all men know, Caesar shareth Empire with jupiter: neither is the Ecclesiastical power other then Spiritual, concerning the Kingdom of heaven, and therefore unprofitably and wrongfully they should thrust their Sith into other men's harvest, and without authority or jurisdiction should meddle with the government of man's policy, and the governments of Realms or earthly Empires, considering the kingdom of God, whereof they are Stewards and do wear the keys, is not of this world. As also of such dispensation would ensue to great injustice, because that sith the holy Church giveth remission for whatsoever sin, and receiveth the excommunicated, after he hath made sufficient satisfaction and done penance worthy his misdeed, it should come to pass that such a King or Prince, notwithstanding he were reunited to the Church, and had satisfied the commandment thereof, must nevertheless remain banished from his estate already possessed by the first of his neighbours, that shall have received this rebellious people, and of this trouble taken occasion to become master thereof, at whatsoever price: from whence it would be unpossible to avoid him without wars and general trouble arising of such dispensation: and so should the damage done to the excommunicate King through the sentence of excommunication, which was laid upon him only for correction and admonition to confess his fault, & to ask pardon openly of GOD and his Church, remain irreparable. To be brief, of extreme law would arise extreme injury, whereof this poor, miserable, excommunicate and desperate Prince finding himself aggrieved with the permission to his subjects to rebel, would grow more obstinate in his vice for fear of losing his Crown: so in lieu of urging him to penance and satisfaction to the Church for the offence arising of his sin, he shall wax worse, and the Ecclesiastical discipline bring forth no fruit, and thereby grow into contempt: And undoubtedly therein consisteth the discretion of a Lawyer and judge, so to make his laws, & so well to order his judgements, that immediately without difficulty, how notable soever they be, they may be put in execution.  
23 Consequently a question may be propounded, whether it be lawful for a King or Prince to appeal therefrom as of abuse, but also by weapons to resist and withstand the execution of such a sentence, because it permitteth the subjects to shake of the yoke of his obedience, & refuse him the duty of their obligation: which is the same question, which jews the 12. of France moved to the Bishops assembled in Tours in the year 1510. concerning the peevish and rash excommunications laid upon him and his confederates by julius the second: whereto the said Bishops made answer, that by all laws the said King was permitted by whatsoever means, yea even by arms to withstand such the Pope's frivolous and wrongful declarations. Which answer, in my opinion, is founded upon all reason aswell natural as civil, because it is certain and evident, that the clause of the sentence of excommunication of the King, 
l. ut vim. ff. de just▪ & jur.  which containeth permission to the subjects to r●bel against him, is a public force and violence, that the Pope wrongfully employeth contrary to his function and authority, and against the which the King may oppose himself and withstand him with the like or a greater power. 
I. 23. ff de iniur. l. 31 ff. de per. & come. rei ven. le. 26. ff. 7. ff. ad  Secondly, it ought not to be lawful for the Pope under pretence of a Shepherd, and the care that he should have of the Christians to enterprise or attempt any unreasonable thing to the injury of his flock: For if the Magistrate doth any thing injuriously, either as a particular person, either upon confidence of his authority, he may be sued of injury. Besides that we have before proved that the ordering, jurisdiction, and notice of worldly causes and Kingdoms belongeth not to the Clergy, to whom is committed only the publication of the spiritual and heavenly s●orde, 
I. fin. C. ●i à non comp. iud. l. f●. ff. de iurisdi. om●. iud.  and so consequently sentence pronounced by an incompetent judge, is void in this head, neither is any man bound to obey that Magistrate that hath judged above his authority. To this purpose Pope Gelasius, writing to the Bishops of the East, doth confess, that if the judgement be unjust, the less need the condemned to care, 
●. cui est il lata xi. q. 3  for that such a sentence cannot make the condemned guilty before God and his Church. 
c. non debet xi. q. 3.  And therefore he concludeth, that he should never sue for absolution, because it hurteth him not. In an other place Pope Gregory confesseth, that he cannot incur canonical pains that is not canonically condemned. In the interpretation of which place john Andrew the glosser doth teach us, that it is lawful to withstand the execution of a judgement known to be none, and given by such a one as hath no authority. The same doth Celestin grant when he speaketh of the election of a Bishop, against the minds of the Clergy of that Diocese where he should sit: 
l. denotat. C. de met. lib. x. c▪ nullus invitis 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 provoca torum C. apple. non recip. Paul. de Cast. post Bald. in l. ut vim ff. de Iust. & jur. so●n. in 443. fall. Cinus. in l. ab executore C. eod ●uor. appe●●. non rec●●. & in 〈◊〉. C. vnd. vi clem. 〈…〉  and the Gloze expressly saith, that the superior abusing his power, willing & pretending by force to be obeyed, it is not forbidden to withstand him, especially in case the hurt be irreparable, as in this now in question, because every one naturally is permitted to withstand violence, yea even against his superior. In an other place we learn that it is for every one in default of the Magistrate, to do himself right, or to bend himself against the wrongful oppression of an other. Infinite are the examples of Emperors and Catholic Kings, who authorised by the Church, have made no difficulty to take Arms against the bishop of Rome and his adherents, whensoever he so far forgot his duty, as by force to enterprise that which Princes could not with reason grant him. When Pope john the eleventh writ to the Hungarians, and persuaded them to rebel against the Emperor Ottho the first, and the said Emperor being in Italy, this Pope together with Albert Marquis of Spolete raising war against him, the Bishops and Prelates assembled at Rome, deposed the said Pope, and having surrogated Leo the fifth into his room, permitted the Emperor by Wars to pursue him. When Henry the black understood that Benedict the ninth, Silvester the third, and Gregory the sixth Antipopes, sought each to thrust other out of Italy, and to establish himself by arms, he went speedily to Rome with a great power to decide the controversy, & with the advice of a Counsel assembled by his imperial authority, these three Popes were all deposed and disgraded, and in their room the Emperor established Suidiger Bishop of Bambergue, who named himself Clement the second: When the Emperor Henry the fourth understood that Pope Gregory the seventh had forbidden the Bishops to require investiture of the Emperor, also that he found, that the wicked man stirred him up enemies, yea, proceeded so far, as to cause the son to rebel against the father, against whom he opposed Raoul Duke of Sueve, he desired the Bishops to gather together at Bresse, where in their Synod they excommunicated and deposed the Pope, and elected Clement Bishop of Ravenna to be his successor, for whose establishment the Emperor took Arms and entered Italy. Henry the fifth was forced to War against paschal, who had moved the Romans to mutiny against him, to the end to have slain him, because he endeavoured to maintain the ancient rights of the Empire concerning the collations of bishoprics. Frederick the first understanding the arrogant presumption and obstinate resolution of the Pope's Adrian, Alexander the third and Victor, importing that it lay in them to give the Empire to whom they pleased, did seven times enter Italy with an army, where he fought a bloody battle, in the which died 12000. of Pope Alexander's partakers, who therewith provoked, caused the lively Picture of the ●ame Emperor to be drawn, 
Bal●us in cattle. script. A●gl.  and sent the Table to the Sultan of Egypt, against whom the said Emperor was gone, withal advertising him, that unless he procured his death by treason, or otherwise he should never have peace: whereupon the Emperor recreating himself a little from his Army, was taken and brought before this heathen, who showed him the Pope's Letter, together with his Picture: and yet nevertheless put him to his Ransom, and so sent him home honestly, as abhorring the treason of the great Priest of the Christians against this Prince, who ventured his life for the maintenance of his Religion. Hereat was the Emperor so offended, that at his return he entered Italy again, & forced the Pope to flee in counterfeit apparel, after that the Bishops had in a Synod condemned him as a traitor to the Empire, yea, which is more, as a conspired enemy to Christian faith. Philip, this man's son being by Innocent the 3. slandered among the Princes of the Empire, was counseled by the Bishops of Germany to have his revenge by arms. Ottho the 4. being in Rome, was so s●arred by the drifts of the same Innocent, that he was driven to have recourse to force, in which conflict perished a number of the Citizens' of Rome. Frederick the 2. in whose time Innocent the 4. Honore and Gregory the 9 did in Italy begin the quarrel of the Guelphs against the Gibelins, who maintained themselves under the ancient obedience of the Empire, was by the advice of all his Princes and Prelates, compelled to oppose himself against the practises & conspiracies which these high Priests wrought against him. The Emperor Albert, & King Philip of France, doubted not to bend themselves against the oppression of Boniface the eight, & to contemn his excommunications, until King Philip assembled the Prelates of France, by whose sentence he was declared a Schismatic, Heretic, invader of the holy Sea, and a perturber of the peace of the Church, as having molested all Italy, with the factions of the Whites, and the Blacks. Henry the 7. of the house of Luxembourg, to the end to withstand Clement the third, the maintainer of Robert King of Sicill, a rebellious vassal to the Empire, was driven to come to handy strokes with him and his partakers: the like did jews of Bavier against john the 23. and other the Popes of his time, who without either cause or reason had declared him an Heretic, because he would not yield to them the Imperial authority in Italy, neither put the Empire into the subjection of the Bishop of Rome's Sea. In our time jews the 12. King of France, and the Emperor Charles the fifth, how dealt they most justly with the Popes that would have dispensed with, and exceeded the bounds of their duty? To be brief, in other the Provinces of the Empire, infinite are the examples of Kings and Princes, who with the advice of the Prelates and Nobility of their Dominions, have with arms withstood the ambitious and passionate practises of the Popes, in whom it had been more seemly to have governed the Church and spiritual Hierarchy, and not to have thrust their Scythes into other men's harvest: whereof is without doubt proceeded the destruction and deformity of the West Catholic Church, together with the full fall of the East Church, into the which by those means is entered the Wolf that hath devoured God's flock, whereof they shall assuredly answer.  
24 Now have we yet the second question to inquire of, for our better instructions in this matter: That is, whether the King of Navarre be an Heretic. His adversaries do say that his opinion of Religion was lately condemned in the late ecumenical Counsel holden at Trent. 
Molin. in Cons. supra Conned Trid.  Hereto he answereth, that the same pretended Counsel was not lawfully assembled, because therein the Pope executed the room of both judge and party: also that such as prosecuted reformation in the Church were not heard. To be brief, there may be debating, and many nullities may be alleged, aswell in the form, as in the decrees of the said Counsel, whereto need no more respect ●ee had then to the counsel of the wicked, of which the Psalmist doth speak, or unto those that the Prophet termeth Counsels of vanity: yea, 
Psalm. 1. Psalm. 26. joh. 4.  and Saint john writeth, Believe not every spirit, but prove whether they be of God. Saiuct Jerome also teacheth us, that the doctrine of the holy Ghost is the same which is set down in the Canonical Scriptures, against which if the Counsels determine any thing, it shall be wicked. 
Actione 3. conc. Chal. 2. Valum. council. l. nemo C. de summa Trinitare.  Also when the Emperor Martian in the Counsel of Chalcedon, forbade to dispute or call into question such things as had been well decreed in the same holy assembly, he thereby meant not to grant free liberty to Counsels against God's word: but he speaketh only of such things as were well and lawfully ordained, according to the rule of the holy Scriptures: by the which those that uphold the same opinion with the King of Navarre do pretend to show, that the Clergy, who were assembled in the Counsel of Trent alone, have greatly erred: which their inquisition and search being by Gods own mouth permitted to the Church, may not well be refused. Try all (saith the Apostle) and hold that which is good. 
1. ad Thessaly. cap. 5.  And in deed if the Counsel of Trent be answerable to the doctrine of jesus Christ: If the truth hath appeared therein, then need it not to fear the trial at the fire thereof, which is the true touchstone of humane traditions. The word of GOD is pure, 
Psalm. 12. Tertul. in Apolog.  and feareth not the fiery trial: for it is a true saying, The law that will not be tried, may justly be suspected. After than that in a general and free Counsel, all parties have been heard, & that by the only word of God, and without affection they have debated their cause, so that finally the opinion which the said Lord King of Navarre holdeth, be adjudged heretical, he is so Catholic and zealous a Prince, and one that so feareth God, that he will not stick publicly in the Church to confess he hath strayed and hither to been mis●ed. In the mean time, and waiting for the said lawful Counsel, neither the French King, neither his Courts of Parliament, would ever in this Realm publish the decrees of the assembly of Trent, neither do any other receive them then the Clergy, who are the supposts of the Pope's Monarchy. But contrariwise the late King Henry the second sent Ambassadors expressly to withstand the said pretended Counsel, also to declare that he meant not in any wise to allow thereof: as in ●rueth it cannot be admitted without infringing the rights and authorities of the King of France, the ancient decrees ordained in the general Estates of the Realm, under the form of a pragmatical sanction, and the most holy liberties of the French Church, whereby the Majesty of this flourishing Crown is preserved.  
25 Neither is it any new matter to say in France, that the King and his French Church will not receive the same Counsel, because our Kings have evermore upholden and preserved above all other, the liberty and franchise of their Church, and never bound themselves to the Pope's constitutions, or late Counsels, no further than the same were conformable to the decrees of the universal Church, & nothing derogatory to the rights of their Crown. For proof thereof, we know that the general Counsel of Vienna, was never wholly received in this Realm. In that of Constance, the liberty, franchises, and privileges of the French Church were admitted, according to the declaration exhibited by the Ambassadors of the most Christian Majesty. As for that of B●sill, King Charles the seventh would not permit his subjects to appear at the conclusion of the same: after the which at Bourges he assembled all his Church, by whom the decrees of the same Counsel were perused, and only part of them accepted with such qualifications as were thought meet to that effect: whereupon was form the Pragmatical sanction, soon after published in the Parliament, wherein these words are often repeated. Item, our Synod accepteth the decree following: thereby to show that in France we are not bound to the Pope's ordinances, constitutions, or decrees, neither to the assembly summoned by his authority, 
Usurpations & en●reptises du Concile de trent sur la Majestè du Roy de ●●ance.  which he calleth a Counsel. And now may we truly say, that never was there any held that was more prejudicial, or of greater misprision against the dignity of this Crown: for if we search narrowly into it, we shall find that a great part of the decrees thereof do dyametrally oppose themselves against the liberty of our Churches, and the Majesty of the most Christian King, against whom they were devised. 1. First, concerning the doubt in this assembly made for the place and first degree of honour which have belonged to him above all Christian Kings, for these 1000 years: so that his Majesty allowing of this pretended Counsel, should confess a matter very prejudicial unto him, 
Concil. 418. 1. volume.  because as saith Bald, he weareth the Crown of liberty and glory. Secondly, as for reformation of the manners, policy, and Ecclesiastical discipline, which evermore hath been one of the fairest flowers of his Crown, who so shall read the sessions of the said Counsel of Trent, shall find that thereby the same is quite lost, extinguished, and transferred to the Pope of Rome, for the fourth and seventh decree of the seventh session, do import, that in the election and making of Bishops and Priests, 
c. sacrorum 73. distin. c. vota civium 63. distinc. c. cler. 93. distinc. c. quanto 63. distinct.  the consent of the people and authority of the Magistrate are not necessary: which is quite contrary to God's law, the observation of the Primitive Church, the ancient Canons, the ordinances of Charlemaign, and jews the Meek: and more particularly, to the determination of the three Estates of this Realm, holden at Orleans in the year 1360 and confirmed in the Court of Parliament, where it was decreed that together with those of the Clergy there should be 12. Gentlemen for the Nobility, and 12. burgesses, who should be chosen out of the town house, and should represent the third Estate. Also in the second part of the same session, the said Counsel attributeth to the Prelates the notice of the revenues and buildings of the Churches, contrary to the ancient Edicts of our Kings, namely against the ordinance of King Charles the 6. who in the year 1385 ordained that the jurisdiction of the buildings should appertain to the judges royal. In the same session the Counsel permitteth the Bishops to cut off part of the revenues of the Hospitals, whereby to make themselves fatter than they are, thereby manifestly encroaching upon the authority of the King and his high Amner, and against many decrees both old and new of King Frances the first and Charles the ninth. another abuse and notorious enterprise against this Crown, consisteth in that the said Counsel permitteth and decreeth monitions and excommunications, not only to the end of revelation, but also for the recovery of things lost, against an infinite number of arestes of the sovereign Court of this Realm, whereby the same have been condemned and declared to be abusive. It permitteth them to condemn the Lay fee in fines of money, in seizure, apprehension, and execution of their bodies and goods, aswell by the Bishop's officers, as their officials, notwithstanding in France they never had that authority, no not over the Clergy, and therefore it is mere encrochment upon the secular power. It inhibiteth the Magistrate to forbid the Ecclesiastical judge to excommunicate any person, either to command him to revoke his excommunication, although the Clergy do but overmuch abuse the same. It revoketh the decree of Philip the Fair, concerning combats, received and enrolled in the Parliament: and thereof depriveth Kings, Princes, Dukes, Marquizes, and all other of their jurisdictions, which is an intolerable abuse as we have aforesaid. It admitteth promotion to the order of Priesthood, to Curates, & other Ecclesiastical functions at 25. years, although in the decree of the States of France before published, the age of 30. years was required. It permitteth profession at 16. years accomplished, and therein correcteth the decree of the said States, which limited the man at 25. and the woman at 20. It returneth the provision of Bishops & Prelates to the Pope, contrary to the ancient ordinances of Charlemaigne, and his children: and contrary to whatsoever is contained in the Pragmatical sanction of Saint jews, inserted into the style of Parliament: yea, and contrary to the defence made at the said Estates of Orleans. It permitteth Bishops, and archbishops by their Viccars, to visit their Diocese, contrary to that is contained in the arrest of the said Estates. It permitteth the Pope to unite simple Benefices to the Bishoprics, contrary to that which was decreed in the Counsels of Constance & basil, and contrary to many the arrests of the Courts of Parliament of this Realm, whereby the same unions ought to be made upon the self place. By the same Counsel the tolerations at the Kings request granted to the Court of Parliament: & to some Colleges and Universities of this Realms are abrogated, as are also the conservators Ecclesiastical of the Universities, together with the privileged of this Crown. It forbiddeth such as have made vow of Religion, in any wise to dispose of their gotten goods, whether movable or immovable, contrary to the ordinance of the States of Orleans, conformably with the decree of the Counsel of Mogonce, holden in the time of Charlemaign. It permitteth the begging Friars to enjoy and possess rents, lands, revenues, and immovable goods, contrary to the Counsel of Vienna, holden in the year of 1310. and infinite ancient arrests of the Court. It taketh from the King the nomination in Covents, and Monasteries regular, which to him appertaineth, also the Triennalitie of Abbesses, and Prioresses appointed by the said Estates. It permitteth Munckes to meet and hold congregations and Chapters general, which in an Estate is perilous and dangerous, and a matter whereby they be accustomed to withdraw themselves from under the authority and power of the King, and all other temporal Magistrates: in respect whereof also such assemblies have by the arrest of the Court been many times declared abusive. It giveth the Bishop authority to institute new Feasts, which have been reproved by many arrests of Parliament, namely by the provincial Counsel holden at Sens, in the year 1527. It encroacheth Lay patronages, if the patrons by authentical writings prove not the presentations continued and having taken effect 50. years together, and rejecteth all other kind of proof. It giveth to the Ecclesiastical judge notice of the right and possession of the said patronages obtained by foundation, donation, or construction within these forty years, which is a great intrusion upon the King, and his Magistrates. It erecteth a new kind of judges delegate, whom it calleth Apostolic, and authorizeth the Bishops to choose them, every one in his own Diocese, without the King's knowledge or authority, which are so many creatures not subject to that Majesty where-under they live. It declareth the Pope to be above him, and forbiddeth Bishops to humble and submit themselves to Kings and Lords. It commandeth all Clergy having of right and custom voice in the provincial Counsel, to receive this pretended Counsel, to swear obedience to the Pope, and thereof to make public profession. It enjoineth Universities not to teach any thing but what shallbe conformable to the decrees of the said Counsel, and to take solemn and yearly oaths to his holiness. It commandeth all Lords & Princes to keep the said Canons, renewing the ancient usurpatorie Decretals of Boniface the eight, and others heretofore abrogated in France, as well by Edicts and ordinances Royal, as by the arrests of the Courts of Parliament and great Counsel. By the said Counsel the causes of our French Bishops are drawn to the Court of Rome and Pope's Consistory, 
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 dignity of the royal Majesty and the ancient Canons of the universal Church, whereby the criminal causes of Bishops, yea, in case the same concerned their deprivation or discharging, did belong to the Bishops of the Country or Synods provincial, and not to the Pope: as by many the arrests of the Court concurring with the general Counsels of Constantinople and Carthage it doth appear: besides that herein the said Counsel greatly derogateth from the King's sovereignty and jurisdiction that evermore he hath had over the Bishops of his Realm, witness the examples of Giles Bishop of Rheims: of Pretextatus Bishop of Rouen: of Didier Archbishop of Vienna, and many others, of whom Gregory of Tours, Aimoinus, Ado, & Vincent the historical, do make mention. In brief to use few words, this pretended Counsel taketh away the most ancient liberties of our Church, so to make a Prop to the Pope's abu●ions. It also dissolveth, revoketh and maketh void Marriages not contracted in the face of the Romish Church: wherein consisteth the Seed of a million of troubles, Ouarels, Processes, and strifes in infinite families of this realm, which under the authority of the King with his good liking, and under the protection of his Edicts of pacification have contracted Matrimony and begotten Children, who thereby should be declared illegitimate, deprived of their Parents Successions, and their ●Wues denounced Concubines & Harlots to their true Husbands, contrary to all equity, which in sum is as much, as to bend themselves against God: to erect in other men's Realms assemblies of people not subject to the same: to bring into the Church a greater deformation: and to make the King of France his Sergeant or executioner of his commandments, yea, such a one as should have no authority to order his Realm: So that those which now so earnestly do prosecute that publication of the said Counsel shall never persuade me that they are French men: but rather that they show themselves Solicitors of the Pope's affairs and dignity, rather his Servants, than their Kings and sovereign lords. Thus do you see, how by the advice and judgement of the honestest & greatest French Catholics, living under the traditions of the Romish Church, this Counsel of Trent may not be accounted other than a notorious conspiracy and conjuration against the authority and dignity of this Crown, and of the Subjects thereof, of whatsoever calling that shall find themselves offended, and therefore we should greatly injury any one of ours of whatsoever estate, in calling him Heretic, for not obeying, submitting himself, or consenting against his Country, to the malicious conspiracies of the Pope, and strangers that do envy the greatness of this Estate. Especially the King of Navarre, whom the matter chiefliest doth concern, should have greatest cause to be aggrieved, in respect that at this day he hath the Honour to be the principal branch of the Royal tree of France, and so consequently more nearly bound then any other to preserve and maintain the rights, liberties and dignities of this glorious and redoubtable Monarchy.  
56 Moreover the said Lord King of Navarre demandeth of you, by virtue of what do you esteem him an Heretic and obstinate parson? For it is certain, that he only may be termed an Heretic, who upholdeth a false doctrine contrary to the holy Scriptures of the old and new Testament, believing amiss in any one of the Articles of our faith, as did the Manicheans, Nestorians, Sabellians, Arrians and their like. Now to say truth, they would persuade us, that the opinion holden by the said Lord King of Navarre was monstrous: we have been hallowed after them like Dogs: we have been forbidden their company as of infidels and miscreants. I beseech you therefore, let us carefully look into the confession of their faith, and we shall find them Christians, such as agree with us in the articles of our belief: do worship the same God: seeking salvation in the same jesus Christ: children of the same father: believing the same Bible, assuring themselves in the same Gospel, as in the same Buckler of their faith: requiring part in the same inheritance and in virtue of the same Testament, as we. The whole controversy between them and us consisteth in that, that they finding many men's additions and constitutions in the Church, and among the simple and pure ordinances of the Gospel, do crave purging and reformation, and in case of refusal thereof for fear of their souls and desire of salvation have withdrawn themselves, as men content with the simple form ordained in the Primitive Church, & we have thought that saving our consciences we may stay therein attending necessary reformation. Either of us seek salvation and tend to one end, and by the same means are all one and the same work of God's hand: all faithful servants in the faith in one Baptism: all Grapes of one Vine: yea, all branches of one Grape: we must therefore know why one should be an Heretic rather than an other, sith we are all of like faith: use like books: & tend to like end. This is it (in my judgement) that causeth the King of Navarre to complain, that wrongfully he is termed an Heretic, before his opinion hath been condemned in a free, holy, and determined Counsel, whereat every one may safely appear. As for the obstinacy to him objected, I would weet for what benefit he should in this cause be obstinate? what good? what advancement? what peace? what ease may he therein hope for? He hath abandoned the Court of his Sovereign Lord the King: he hath long through the subtleties and slanders of his enemies, been out of his favour, which is the mishap that with greatest impatience he hath borne: He hath been deprived of most of his houses: always in the field: sometimes badly provided, armed, environed▪ & his life in a thousand dangers: where as otherwise he had been assured at his majesties hands of all favour, amity, honour, peace, and humane felicity. Any man therefore of judgement can never be persuaded that this Prince, whom in other matters we know to be wise and discrete, would have chosen to have spent the most part of the flower of his youth in misery and perpetual care, only upon a contradictory and obstinate mind, not proceeding other than from his affection to the honour of God and the salvation of his soul. Moreover, besides the infinite abuses of the said Counsel, whereby it is utterly none, it is not unknown to all men that in France the King of Navarre is not such a one, as by the policy of the Realm ought to be deprived of the succession of the Crown when it should fall to him: because those of his party living therein under the King's good liking and obedience are not incapable to enter upon all kind of goods and inheritances which to them may appertain either naturally, or civilly, according to the laws commonly received in this Monarchy, by the ordinances of the general Estates of the same, as the subjects thereof do know & ordinarily it is adjudged in the sovereign Courts of France, therein ensuing the Edicts made within these twenty years under Charles the ninth, and Henry the third now reigning: so as to esteem the said Lord King of Navarre, to be in worse estate concerning succession in the Realm, than the meanest subject thereof, and to his prejudice to restrain the public and general law, were under correction, besides all reason, order, or appearance, 
l. illud. ff. ac leg. Aquil. l. aen Titio. ff. de f●rt.  sith the cause both of one and other is all one. These be the effects of the reasons, which every one according to his capacity may extend, whereby the said Lord King of Navarre saith and vphouldeth that he is no Heretic. First, the law and decree whereon the enemy's ground their slander, which is the Counsel of Trent, is argued of divers nullities. That we must account of it as of foreiudgements, for the force of law is to be maeinteyned until the cause of Nullity be decided: with this exception, Quod praeiudicium legis fiat. Especially in France where the most Christian King and Sovereign Courts did never approve the said Counsel, as it is most certain and evident. So that although the nullities thereof might be covered under a consequent approbation of the Counsel, yet could not that take place in this Realm, which, by the testimony of the Popes themselves is not bound to take law or to accommodate itself to the sentence, publication or pleasure of any Prince or Potentate whatsoever in the world. Let therefore the Spaniard or Savoian compel their subjects to live according to the decrees thereof, yet have not the most Christian King and his Parliaments prescribed it for a law to themselves. Besides, to come more particularly thereto, the King of Naverre, notwithstanding he be a Christian King and sovereign Prince, and so acknowledged by his adversaries, especially by the Pope, yet was he never summoned or heard in the said Counsel, so that consequently the decrees and judgements there passed are not deemed against him, to bind him, either to force him to the observing of the same. Again, admit he had been heard, also that the law of the Counsel of Trent had been lawful, yet who did ever hear that the sentence of death or other punishment was executed against those that sinned or did transgress the law, contrary to the order established, but the Magistrate, Guardian, or Priest thereof had first examined, heard, or convinced them, at the least, called, summoned, & proclaimed them to the outlawry or otherwise, after exact observing of the solemnities of law. Do ye use (my Masters) to send even the rankest thief in the world to the gallows, without other form of law? Will ye then execute your passions upon one of the greatest Christian Princes that Heaven hath permitted to be borne, capable of ruling you whensoever it shall please God to permit? or deprive him of that right which Nature hath given him, without hearing, or summons, either understanding of his reazons? Is the manner to proceed in such causes, to come with the sword drawn and force men to believe you, at whatsoever price? Will you be his judges, that be his enemies, and are armed to deprive him of his life and goods? Shall the Pope, whose reformation is chief in question, be his party? No, no, Wars and weapons were never means to attain to union. If one be in the dark, men use to light him and not to cut his throat: If he be infected he must be washed, not drowned: If he be sick, tend him, end him not: Who so will reunite the Church, must seek to bring back those that are out of the way, and to call again such as have strayed: for on the other side, war and rigour tendeth to stay and root them out, not to bring them again, but to make them to be no more at all, which in deed is a remedy worse than the disease. For so men may say we have but a bad cause in hand, when in lieu of reason we have recourse to force. But Christians, what must ye then do? as men capable of reason ye must convince the King of Navarrre, and all that be of his opinion by apparent reasons. For the understanding whereof, assemble the Catholic Church, & so consequently the Christian Princes of the same: hear the parties: cause the King of Navarre to appear: at the least summon him to come in in all assurance: In such an assembly denounce him an Heretic: excommunicate him: or deal otherwise with him, according as the holy Ghost shall think meet. Until you so do, you are but thieves, enemies to the Catholic Church: perturbers of Christian peace: and very Atheists, in seeking to use Catholic Religion, which you do least respect, to estabish your prosperity withal.  
27 It is requisite, say you, to root out Heretics. That is a good, godly, and Catholic Counsel: I am of your opinion: But mark, ye Frenchmen, the means, effects and purpose which these zealous persons, these firm pillars of the Church, and these bucklers of the faith do go about to take herein: Weapons, felony, and deprivation of our King both of his Sceptre & life: for if we flatter not ourselves, this is their mark. We must give almose to the poor: but not by robbing the rich. We must punish transgressors: but we must not proceed thereto by cutting the Magistrates throat, whom we think overslowe in perfecting the proceducers. We must relieve the people: but neither we, nor you, nor any other must deal therein or enterprise to do it, chief by rebellion or wars against our King. This is not the first time that the Commons have complained of the King's exactions, and yet did they not thereupon take occasion to oppose themselves against their majesties good pleasures: neither was there ever found Clergy man, being the servant of God, who to the mutinous would become a trumpet of rebellion against their Prince upon such consideration as these perturbers do represent unto us the Lord Cardinal of Bourbon, the Pope's Legate in France, and which is more, himself a Prince and of the race of the Kings. 
Esa. 1. & 3.  The Prophet Esay complained of these too great exactions of his tyme. 
Ezec. 45. Amos 4.  Ezechiel noteth them and discovereth the vices of Princes. Amos calleth them oppressors of the poor, & cruel to the needy. 
Mich. 3.  Micheas setteth before them the reproach that God will lay upon them, if they flay the poor. 
Sopho. 3.  Sophony doth bitterly reprove them: yet doth it not appear that ever these men of God embraced conspiraties or entered League, to the end upon any such considerations to arm the subjects against their Lord. The King, say our Censors, must reform himself: but we must not tell him so with weapons, reproving and injuring his Majesty by word, writing and deed, yea by captivating his affections, and forcing him to hate that which he loveth, as if he were not a man capable of the love of those whom particularly he acknowledgeth for his faithful servants. This were a miserable state for a King, to be forced to hate where he loveth, and to love where he would hate: to be able to do what he would not, and to desire to do that he cannot: to be brief, to be a slave to the envies, strifes and diversities of his subjects. It is too much: even the greatest Aristarchians cannot like of it. Whereupon I would fain ask these reformers, what made them so rich and mighty as now to undertake to raise war against their King: but even the excessive benefits of his Predecessors & himself? What place doth or may the stateliest of them hold in France, but of mean Gentlemen, and such as it hath pleased the King to love? Were they not our Kings that have advanced them, and maintained them in their wealth? wherefore then do they so much envy the good hap of those who have no other beginning or advancement then such as urged themselves on? Why do they so much mislike that the King should love the Lord Duke of Espernon, or any other, like as his predecessors favoured their ancestors? Know they not that all things have their time, their beginning, progress, increase, and end? what further favour do they hope for at the successor, whom they would cause the King to nominate by provision? sith in the mean time they suborn his subjects, yea so far to turn them from receiving any Garnison on his behalf? and spread a brute among the people that there yet remain some of the race of the ancient Gods worthy to rule over them? To be brief, they take the course too truly to fulfil the prophesy of the late King Frances our King's Grandfather, whom many honourable persons did many times hear say, that if they used the service of those who now set not a straw by them, they would do their endeavours to strip his Children into their doublets, and his people into their sherts: and unhappily these Mastiffs have so well learned to bark, that now they seek to bite their Lord. Call to mind ye Frenchmen, a true saying of Saint Austen, importing, that it is unpossible for that Counsel to be blameless, whose means, end, and effects are vile, vicious, and reprehensible. Neither is it Religion or piety that stirreth them up, but a South wind and Spanish heat, wherewith they be driven, that kindleth them. For in troth, it is of more importance for the King of Wisigotes wholly to subdue the King of Navarre and to destroy him, whatsoever it cost, them to lose all his low Countries, which by that only means he might perpetually assure, together with not only the rest of whatsoever he wrongfully now detaineth of the Realm of Navarre, which seemeth to be already prescript, but also generally of the whole Spain's, and most of his other Lordships, whereof he might stand in great fear, if GOD should permit him to have so strong and mighty an enemy as the King of France. Let not therefore the most Christian Majesty, and the King of Navarre, flatter themselves, but be assured that the Piedmontain and the Pope with their partakers, are determined to do that Spaniard that good turn, and to employ whatsoever their abilities to assure him on that side. Considering that withal the purse of the Romish Court, which findeth great ease in the French Crowns, of the sum which often do pass the Mounts by reason of the Annates renewed in this Tridentine conspiracy, & might in time stray by the way, as by the ancient Edicts of our Kings, and arrests of our Courts of Parliament they have hitherto done, have interest therein. For this cause none need to marvel that the Pope will not willingly forego so lickerous a morsel and the best dish on his table. Besides, it is most certain that the subjects of France, and others that are bound to the Crown, and Majesty of our King, who have risen and do daily rise, are but the instruments and gates whereby to make way for the loads of gold which the Spaniard sendeth to do his business in this Realm, by the same means giving them occasion to take hold of and use the time to do also their own, and if they may, to seize upon this Crown, which they have leveled at ever since the decease of the late Henry the second, without employing themselves in any other affairs then seeking the means to attain thereto: yea even partly they give out that it were better to conquer the Realm of France, then to go to Jerusalem to seek for the succession of Godfrey of Buillon. I do therefore most humbly beseech the Queen the King's mother (whom our Espaniolized Frenchmen do call upon for their succour) to be ware of being deceived in the fair pretences of these conspirators, but to assure herself, that notwithstanding whatsoever their flattering & sweet tongue, they will never be satisfied but with the life and Sceptre of her son & herself. Moreover, I beseech God to grant the King the wisdom of Solomon when his mother Bethsabe came to desire him to like of the marriage of Adonias with Abisag the Sunamite, 
3. Reg. cap. 2.  who had been King David's Concubine in his latter days: under the pretence whereof he had undertaken with the help of Abiathar the Priest, joab and Semei, to have deprived the King of life and kingdom: which this fountain of wisdom speedily perceiving after he had heard the petition of the Queen his mother, in lieu of granting it, and considering how this traitor under a false proposition had abused her, commanded to put him to death together with joab and Semei, and deprived Abiathar of his Priestly office and function.  
28 Know we not the occasions of David the Advocates (one of the wickedest men that ever lived) journey to the Pope and Court of Rome, whose instructions these good Scholars do from point to point ensue? and those men that have seen the same, can tell whether their beginning and the course that still they take, be not at large therein contained. Who is he that perceiveth not the importance of the disputation holden at Sorbonne, about three or four year since, by a poor bachelor drawn in, who had dedicated his Theses to the Abbot of Cluny, the late Card. of lorrain's Bastard. Wherein he did what in him lay to prove that it was lawful for the people to depose, drive out, kill and murder tyrannous, wicked, evil living and Heretical Kings? whereat the King being moved, as at a most dangerous and detestable proposition, this poor instrument of Satan was at the bar of the said College of Sorbonne, slain by one who of late days have withdrawn himself loaden with Spanish Pistolets and jewels, and then cloaked this goodly deed, lest the author of this so unchristian learning and knowledge should by his mouth have been disclosed. Might not we have noted what servants were procured to be placed abont monsieur the King's brother, and to what end, among whom the forwardest had been trained up in the School of these perturbers of our peace, as being their creature, witness that now he is with them, and then used all his endeavour to plunge that young Prince in all voluptuousness, lechery and heat of youth: yea he did better his business: for he betrayed him to the King of Spain, & sold the Spaniard to the States, and the huguenots to all others. Whereby he made money of all with the price of the honour, reputation and life of his Majesty, or rather of all France. The like did also three or four other bad parsons, who all had been brought up, and were given to his highness by one self hand, to the end to habandon him for a pray, to the first mischance that might happen, among a great number that night and day they devised for the attaining to their intents: yea they went so far as to set him at debate with the King his brother, and by means of some of theirs that were near to either of them, to cause nature and blood to live in mistrust of itself, so to procure the ruin and loss of one or the other, or of both together, and with them of this miserable Realm. During which their sleights, they did nevertheless particularly think upon the king, whom when they found to be marvelous zealous in Catholic religion, they began to practise some Spanish workmen to draw unto him, and under the vail of Religion to bewitch him, and so wholly endeavoured themselves, if they could, to have cast him headlong into some mishap, as great as the same wherein they prolonged poor King Sebastian of Portugal, who by such means served for a warm breakfast to the Spanish King, and got him a fair corner of land through the subtleties of the Spanish jesuits, concurring with the Portugal jesuits, or peradventure both conspired against the estate of that poor young King, so to cause him desperately to venture himself, whether he died, & with him the Sceptre of Portugal, which undoubtedly God had long used to the great benefit & bless of all Christiandome. These were the drifts of the good servants of our Kings, who (thanked be God) was more circumspect and wary to put from about him such wicked spirits. Certainly it is most necessary and expedient for a King to be Christian, devout, zealous of Catholic faith, and to fear God: but withal it is most dangerous for his person and Estate, if he become superstitious and an hypocrite. First he thereby loseth all judgement to discern the envious friends or enemies to his Sceptre: then he forgetteth the principal cause for the which he is a King: which is the care and government of his people, for the exercise whereof only he is bound, chosen and bound to serve God in that ministery: lastly, in the world that we live in, among the most corrupt souls that ever were, the whole world doth mistrust and wonderfully suspect him whom they see make so great a show, whether for envy that every one beareth to his more than common zeal, either else for that in truth it often falleth out, that things of greatest appearance contain least truth. Now then, these malicious persons have but one only subtle intent left, which also it is meet for the people to know. For yet they go reasonably gently about their matters, and do give out that they require only abolition of the Edicts of pacification, and to procure the exercise of one only Religion in France, to the end under that pretence to embark the King, and almost to force him (as aforetime, fearing lest the over long peace of this Realm should close up the passed ulcers, they had done) to break off that amity and good will which it pleased him to show to the King of Navarre, and those of the pretended reformed Religion, so that by such means they will cause him with the sword that he should hold in one of his hands to cut off the other: whereof must ensue the loss and sworn death of the said Lord King of Navarre, against whose person particularly, as being their principal mark, they are determined to arm themselves. After whose end also, if the King (of whom they shall then stand no longer in need) will not in the mean time die, either through melancholy, or choler, & so speedily quit them his room, they know in their Italian League Articifers enough to send him into Abraham's bosom: whereby they shall for so many good and commendable services done to our France, be thought more worthy to be crowned then now, notwithstanding at this present they cause over loud to be sung their pretended merits by all the Spanish pensioners, and feed Spies in the Court, at whose mouths they set out their wounds received in the wasting of this Crown, after the manner of the ancient Romans, who exhibited themselves naked to the people in beggiug the Suffrages of dignities and offices. Thus when through their wisdom they shall have killed the King and the King of Navarre, who are the two thorns that trouble their feet, 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 lead in the course of Room, they shall be whiter than Swans. For of the rest of the Princes of the blood they make no account, neither do think them subject sufficient to put them in any chafe about the rooting of them out: so great is the fury of Satan in these days. This is the whole story which those that love them are forced to confess. Nevertheless, it seemeth that we sleep our our mishap, or ratherthat we make haste to this fire, even with our back burdens of wood to kindle it, in stead of water to quench it withal.  
29 Hereafter I pray you what dignity or Majesty may restrain from vice, those that are so cruel to their King, as to take arms against his person, against the peace of his estate whose subjects they are, and against the establishment of his Realm? Neither Equity, justice, Custom, Laws, respect of land, love of their fellow Citizens, or reverence to the Magistrate, can permit those men that contemn the sovereign authority of the Majesty royal: and such as without respect to justice or public honesty, do show themselves more cruel and barbarous in procuring, under pretence of reformation and zeal to Catholic Religion, the engendering in France of an immortal war, the mother of all impiety, wrong, revenge, ruin, deformation and utter subversion of most mighty Kingdoms and flourishing Empires, to blush for shame. What eminency is the Church to look for among the execrable blasphemies and infinite sacrileges that will be committed in the wars? What power? what authority? what light may we attend of justice when she is snared, mastered, become prisoner, and overruled by the weapons of the most vicious and corrupt persons of this Realm? What honour? what degree? what respect may the Nobility hope for, being in perpetual hazard to lose life, children, wealth, peace, and free commandment over their vassals and subjects? What ease, what profit, or what increase may the overtoyled labourer, the venturous Merchant, the quiet Burgess, or any other whosoever in this poor Realm, build upon? Every one must provide for famine, pestilence, fire, blood, and spoil: to be brief, for all the scourges that spring of the disorder, barbarousness, ambition, and insatiable desire of those, who, if they may find assistance among the French, will never lay down weapons, but either by an establishment of a perfect tyranny proceeding out of their affections, more grievous and inspportable to those that shall remain then war itself, or else by the self ruin and utter extirpation of their wretched followers, together with most of the good men that shall have withstood them. Let us not, O Frenchmen, persuade ourselves that this mischief will be a matter of three or four months only. For if it be Religion, for the which they seem to bring you into the field, yourselves do know that our Kings have not spared life, state, means, or friends for the remedying thereof within these five and twenty years: which notwithstanding, what effect have so many murders, such plenty of battles, and such store of blood spilled, wrought? Ween you that these who so long have found means to defend themselves cannot withstand you, but must so easily yield unto you? See you not the stranger that look upon you, and do prepare to hasten our destruction, if we be so foolish as to beat ourselves? The authors of this conspiracy, being now alone, are no stronger than when they fought so sharply under the authority of King Charles the 9 and the King now reigning, and were upholden by the same means that now they assure themselves of out of Spain, Italy, and other places. You know they were chief of their majesties Counsel, Leaders of their Armies, or rather, authors of all passed mischiefs: entertaining the King in that will and opinion wherein he then was, namely, that weapons were the instruments to appease God's wrath, and to reunite us in one only Religion, until his Majesty upon better advice confessed the fruits and effects of the contrary, and by the examples of his neighbours did very wisely consider, that the disease of Religion is so rooted in man's mind, that he were far better to tolerate it, (sith we all agree in one belief and Creed of the Apostles,) then to hazard his whole Estate, by weening to heal up a wound, which God willing, may by daily conversation be suppled: for undoubtedly some diseases are of such a nature, that it is more expedient for the Patient to bear the grief thereof, then for his cure to use over dangerous and doubtful remedies, whose trial is more sharp and intolerable than the disease itself. With which counsel, truly royal, fatherly, and worthy a Christian and peaceable Prince, these zelators of their own wealth, rather than of Christianity being offended, do now evidently show their bad minds, and do build their pretences upon the diversity of Religions, upon the oppressions of the people, upon the deformations of justice, and upon the distribution of Dignities, notwithstanding all men know, that in respect of the last they are better provided, and have greater cause to praise the parting, then to complain of that honour that the King hath done them. As for the rest, themselves are the only cause of all mischief, engendered by civil wars, which ever since the resolution upon their forecast they have nourished in this Estate: because it is certain that peace is the mother of piety, establishment of justice, and the true spring of man's ease. Neither can we deny the good, holy, and commendable affection wherewith our most Christian and peaceable Prince set hand to the work, so long as it pleased God to let us enjoy peace: whether in the example that he set us in his Religion, desire that he showed in reformation of justice, or in the ease that, so much as he might, he procured to his good subjects. What is there more to do then, fellow countrymen, but again to sheathe up our weapons, and devoutly to pray to God to grant us peace, and by means thereof to reunite us in the Faith and Religion of the Catholic Church? so to serve him faithfully, & with our good King to set to our shoulders to help to support the burden of commanding in this Realm, laid upon him in heaven, yielding ourselves pliant, simple, and obedient to his commandments, to the end altogether we may serve and praise the divine Majesty holily, and peaceably, every one according to his duty: the Prince in peaceable and wise government of us, as hitherto through the grace of i holy Ghost, he hath done: ourselves in loving, reverencing, obeying, and faithfully serving his Majesty, as we are bound under pain of eternal damnation. For, so long as we are in this world, if we do otherwise, we shall resemble the Mariners that in the Ship quarreling with their Pilot, oppressed with the tempest, and environed with the enemy, do in the end find themselves forced to sail away with some mercenary strangers, who will no longer have any care of their safety then the commodity and sweetness of their wages shall continue. Surch surely will be the life that we shall lead, in case we become so detestable as to disunite ourselves from our King, and the sacred blood of his Crown: abroad standing in fear of the enemy, at home, not only of our fellow Citizens, but also of our domestical servants, our allies, our cousins, our brethren, our parents, our wives, and our children, whereby we shall have war with the stranger, sedition in the City, and mistrust in the household, always in in fear, miserable, needy, and still past hope of better: for the good will habandon us as unworthy their succour, and the bad will devour us. What bless then, what pleasure, what contentation may we hope for so long as upon earth we lead this life? and be led by those that belly the form, countenance, gesture, speech, and behaviour of the man that they bear, no less than Satyrs, Apes, or Bears? as also we may rightly term them Wolves and monsters borne in this Commonwealth, for the nourishing and bringing up of whom I fear we may be called enemies to God and our own nature, which by companying with these wild beasts we do corrupt. But to return to our purpose. Concerning the heresy falsely pretended against the King of Navarre, although the reasons aforesaid be most true, weighty, and such as can have no contrary answer available, yet as a Catholic, I do most humbly beseech the said King of Navarre, diligently to think upon his affairs, yea, although in his mind he could conceive no other consideration than the preservation and peace of so much people (in that he by whom the offence cometh is accursed of God) whether he shall not more grievously offend God and his own conscience, in being a cloak and pretence of so many miseries to his Country and the French nation, for whose defence he is borne, then with his fathers and common custom of old received, in erring, if there be any error therein. Let him also judge whether he be not bound to answer before God, for the lives of so many persons, who through his occasion shall perish, also for the blasphemies that consequently will be committed. Let him advise himself whether he were not better to do as the good and gentle Householder, who sometimes omitteth the severity of his age to play with his children, and with clemency giveth them space to measure the force of his amity excusing their insolent youth and bold rashness, joining and going close with them: after the example of the wise and well advised Athenian, when his people were most obstinately resolved to oppose themselves directly against his meaning. For my part (Sir) I beseech your Majesty to give me leave to tell you that all good Frenchmen, true Catholics, and faithful subjects to you & this Crown, do even in humane reason greatly bewail the state of our poor France, in seeing that your enemies are so well at ease, or do (peradventure) nourish about your Majesty some such persons as keep their vizard from be plucked off. For in truth (Sir) it lieth in you through the grace of the holy Ghost, to yield more fruit to the Church of GOD, (for the advancement whereof you have hitherto thought to fight,) and more over to procure yourself to be esteemed more profitable, commodious, and honourable to all, by planting peace in time in this Realm, and giving an example to the rest of Christiandom, with assurance to the King that reigneth over you and his subjects who look upon you by your good life, and gentle common conversation, which in all other actions your adversaries themselves do seem to confess, then by any other worldly means that you can choose. Besides, that it is an undoubted and political maxim, mislike it who will, that it is not for Kings, who have authority and government over so many several brains, which GOD may reserve unto you, if it so please him, or he be so determined in his private counsel, notwithstanding all the devils do rage, to set other where then in their Closets, upon any of these extremities: because it would be unpossible to toyne and compose these together, especially in the world wherein you are borne, wherein also yourself do well know, and have by domestical examples learned, that it behoveth you and all other the Princes in this world, to bow to make yourselves to be obeyed, & to preserve your estates by means more than artificial, and full of humane wisdom, in respect of the frowarnesse, peevishness, and bad nature of subjects. But more particularly in this case, wherein our common enemies have for these 25. years accustomed the French nation to the use of weapons, and the veriest fools, (of whom there are over many,) to contemn the Majesty of their King, law, and justice, and to the contrary have suborned, flattered, and stolen away the most of their hearts, under a false pretence and zeal of Religion, which your servants do wish you to win again, as it were an easy matter to do, being desirous of your quiet, honour, and to the advancement of God's glory, the peace of this Realm, and the increase of the Crown of France, fearing lest all Christiandome should swarm to the tearing of it in an hundred pieces, or the mutinous Rebels that are within the Realm should rend and dismember this goodly Kidney of Europe, which without doubt is the goodliest and most perfect Kingdom upon earth. At the least, sir, sith these great Dukes of feigned Catholichisine, who in a jollity have declared themselves your adversaries, do bear for their devise the destruction & blood of the innocent Frenchmen, which by their often murders they have shed, and are not yet satisfied, as their Bugbearlike terrors that they propound unto us, do show, I do most humbly desire you to the contrary to be the Pelican, and to bear the same devise that the Great Alphonsus the 10. of that name King of Spain, from whom your predecessors the Kings of Navarre are descended, was wont, viz. Pro lege, & grege, setting forth in your actions, as many desires of peace, clemency, fatth, honesty, and Christian piette, as they do of violence, bitterness, and perfidy, being banded against the justice of God.  
The end of the second Book.    


❧ THE CONTENTS OF THE THIRD part of this Book.  
1. The gravity of Treason.  
For what causes a Prince of the blood may be declared uncapable of the Crown.  
Abuse of the crime of treason.  
The malice & supposition of the leagued, against those of the pretended reformed religion.  
2. A true exposition of the crime of treason. The King never suspected the K. of Navarre of treason. An infallible argument of the King of Navarre's piety.  
3. The house of Navarre descended of the house of France. The Original of the K. of Navarre's grandfathers by both father and mother.  
4. The Capetz and Carliens come of the same stock as Clovis and the Merouingiens.  
5. The Capetz and Carliens are of one family. The original process and genealogy of the Capets.   

THE THIRD PART OF the Cath. apology.  
THE third objection that the seditious do in their Libels disperse against the K. of Navarre, importeth him to be a rebel, a traitor, and a protector of Conspirators against the King, and therefore an enemy to the state and common wealth, wherein he is for those causes unworthy to command.  
1 This objection is not so small, but that being well considered as it ought, the gravity of the offence will surpass the discourse of our senses and understandings. For, for that only offence came death into the world, 
Gen. 2. 22. 23.  and Adam was banished Paradise. Also by humane policy offenders therein, being thereof conu●et and adjudged, are unworthy all successions, especially in Empires, Kingdoms, or other dominions, 
joh. de Teri. in tract. ● troth rebel. ●. Reg. 1. tract. conclus. 19  although the same should fall to them by the right of natural succession as do ours. For in this case, if the nearest of the blood Royal should be found unthankful and guilty, not only against the King his Lord, but also against the Estate, commonwealth and Majesty of the Crown, he and his posterity may be attaint, convict and adjudged for ever unworthy the succession that nature and blood had gotten him. So was it judged by a Court of Peers of France in the year 1457. against john the second, Duke of Alencon, in the presence of King Charles the seventh in the town of Vendosme, notwithstanding the said Sentence was afterward abolished, and the judgement made void by Letters of restitution from King jews the eleventh, entered, published and registered in the Court of Parliament, the Chambers assembled by the consent of the King's Attorney general. Wherefore I can not with silence over skip such an accusation against the person of the said Lord King of Navarre, considering also the enormity of such a scander against the said Prince, who never had his own life so dear or in such recommendation as the service, honour and wealth of the Majesty of our Kings and this Crown, as being the man whom it nearest concerneth, and who hath greatest interest of all worldly parsons in the preservation of this Estate, as having the honour to look so near thereto. But surely by this detestable and slanderoous discourse, I see the misery and calamity of our France, wherein within these 25. years, during the minority of our kings, the mutinous seeds of quarrels have made, & at their pleasures forged Articles, heads of Rebellion, and crimes of Treason as they have thought good, that therein, as Tacitus said of the Empire of Tiberius, might be the perfection of all accusations, imitating the continual evil doings of Prince's Counsellors under the pretence of their majesties service. 
Tacir. li. 1. Sue. in Tiber. cap. 53.  For it is found, that in the time of the said Tiberius, this crime was comprehended under frivolous occasions, as, if any man had in selling of his land sold therewith the Image of Augustus, or if he had erected his own Picture higher than the Emperors, either had employed the same in any Domestical usage. 
Tacit. li. 3. Suet. in Nerone.  Nero put to death Cassius, one of the most excellent men of his time under such a pretence, and because he bore the Picture of Cassius, one of the murderers of Cesar in his Arms: Caracalla, so far extended this crime, that even those were accused who had made their Urine in any place where the picture of the Prince was erected: and this licence extended so far, that it was offence to the Majesty, to beat a slave, or change apparel before the picture of the Emperor, either to carry the same into any shameless or foul place, veluti si latrinae, aut lupanari intulisset. To be brief, in those days the crime of treazon was defined in the closet, and secret will of the Monarch, or his flatterers, as Juvenal testifieth.  
Nil horum, 
Juvenal. Sat. 10.  verbosa, & grandis epistola venit  
A Capreis: bene habet, nil plus interrogo.  
The like have been done in our miserable Realm, when the conspired enemies of the Princes of the blood Royal, did govern the affairs of Estate under Frances the second, and had afterward got hold of the person of King Charles the ninth, whom they nourished in wonderful and dangerous mistrust of his subjects: whereof are proceeded so many murders, massacres, troubles, and civil wars, which we have seen, and too much felt, to the ruin of the subjects of this poor France, by reason their Majesties have by these firebrands been misinformed, that the King of Navarre's partakers conspired against their Estate, and refused to yield them that obedience, which by God's commandment they ought: and in respect thereof under this pretence, did oftentimes cause them to be proclaimed Rebels, Traitors, enemies to the Commonwealth. Moreover, to make this mischief incurable, because the innocency of this people, afflicted through the wrath and indignation of their Kings, was sufficiently known to their fellow countrymen, & fellow Citizens, these spirits of Satan have sought to entangle them in partialities, & banding one against an other, thereby to urge than into irreconsiliable hatred and perpetual mistrust, whereof they might never conceive cause of reunion, through such excess and injuries as the one should do to the other during the civil wars: also that while the same continued, themselves might have opportunity to practise the hearts of those whom they should find most meet to receive the object of their traitorous and disloyal ambition: together that by this means they should diminish the love of the people to their King, persuading the most passionate that the fault was in him why France had no greater peace, under which pretence they have spewed forth and by their creatures dispersed abroad an infinite number of diffamatory Lybelles, and more than slanderous discourses, to the prejudice of the honour and reputation of our Prince, whom nevertheless they went about to persuade, that those of the pretended reformed Religion were the authors of these deceits. But the end of their intents do now sufficiently lay open the truth, when under pretence of withstanding the King of Navarre, and hindering him from so much as the very shadow of any vain hope of succession, they dare presently take arms against our King's Majesty, and shake his Estate, so to make themselves Lords under the coverture of a sack dipped in a few Imaginary rights, as perniciously as lightly invented. For good men will ever confess that it is not propter jesum that now they run to arms, but rather for the satisfying of their insatiable ambition, whereof, how bad soever the intent be, yet will the effects be more detestable, except God take pity upon us, and the people with the King's good servants do open their eyes to see clearly into this matter, and to acknowledge it to be the catastrophe or last act of that Tragedy, which these wicked people have long played in this Realm, under the shadow of zeal to Catholic Religion, with the cloak whereof they go about to shroud the most foolish, in an irreconcilable divorce from the King their sovereign Lord, and the natural French Princes, and particularly against the said Lord King of Navarre, the nearest in blood to his Majesty, whose destruction lieth them more upon then all the rest.  
2 In his respect I will only say, that the crime of Treazon whereof falsely they accuse him, ought not to be judged by the sole occasion saith Modestin, for the reverence of the Prince's Majesty, but for the truth. Pliny writing in commendation of trajan, saith: The crime of treazon was wont to be singular, and almost peculiar to him that could not be charged of any other matter: wherefore trajan abolished the same, as one that contented himself with the force of other accusations, this Prince holding opinion, that such monarch as were so ieloux of their Majesty, had none at all. And for the same cause was this kind of accusation likewise abolished in the time of Claudius, Adrian, Pertinax, Alexander, Severus, and other good Princes, who deemed other public accusations to be sufficient for punishment of evil livers, how far soeur they should forget themselves. howsoever the case standeth, concerning the King of Navarre, he may yet more boldly speak in the presence and face of his enemies, then might Cruentius Cordus, being under Tiberius, accused for saying that Cassius was the last Roman, when he showed the Senate that they would punish him for his words, because his deeds were irreprehensible: For this Prince, thanks be to God, never offended his King in word, nor deed, neither can his slanderers either generally or particularly tax him of any action near to rebellion or disobedience: yea, the whole pretence that these trouble some persons do take of his Religion, is suppressed & beaten down by their own ordinary and public confession, by the Prince's Edicts and declarations, and by infinite other writings, approved in all the Courts of Parliament of this Realm. And in deed the whole rebellion & felony wherewith they may charge him, is, that he would not suffer the knife to cut his throat, but did quietly withdraw himself out of the press, when he see that his enemies would force him to bear infinite injuries unworthy his greatness. Otherwise, who can say that ever he refused the duty, faith, obedience, and subjection which he is bound to yield to the King his sovereign Lord? much less than that he hath conspired against his person? that he hath sought to make himself King, or enterprised any thing prejudicial to the advancement and peace of the French Commonwealth? showed he ever any token of desire to be named his majesties heir or successor? Hath he changed his garment, or augmented his Estate, for his approach to the King, through the evil hap and misfortune of this Realm grown upon the loss of the late monsieur, the King's only brother? Hath he called together his friends, or craved the counsel of Attorneys, to learn whether himself be now the nearest of the blood Royal? Who can show that ever he used any confederacies which justly he might have made, as King of Navarre, and sovereign Lord of Bearne, or did ever employ any other then to the service of the King, and wealth of this Crown? who will be so malicious, unnatural, and senseless, as to impute to felony, the withdrawing, and cherishing of his fellow Citizens, the professors of the same Religion wherein he was borne, bred, and brought up even from his cradle, when he found them in like misfortune as himself, and oppressed with the force of their adversaries, who under the cloak of the King's authority have often endeavoured to root them out, either the withstanding of the stripes, and fortifying of himself for the safeguard of his life? Sith so soon as it hath pleased his Majesty to stretch forth his arm to them, and to offer them such conditions of peace as himself liked of, with liberty of conscience, he hath not only together with them unarmed himself, and yielded his Holds into the hands and power of his Majesty, and fallen down at his feet, but which is more, have returned their whole power together against those that have come to his and their succour, (witness the siege of Newhaven) and have disunited themselves from all confederaties and Leagues, which in respect thereof they were entered into with strangers, and all this to the end to submit themselves to the King's good will, who hath liked thereof, and so confessed in all his Edicts of Pacification, with other the particular good deeds and favours, which the said King of Navarre confesseth to have received of the hand and good will of his Majesty, who hath freely and liberally for the wealth of his Estate, permitted to those of the said Religion, the free exercise thereof, notwithstanding the conspired enemies to this Crown, and to the Princes of the blood, have often gone about to bring into suspicion the actions, not only of the said Lord King of Navarre, but also of all other the Princes of Bourbon, who only of the Royal family do remain. Besides, I assure myself if any man would endeavour (as it were necessary and meet) by effectual reazons debated in a lawful assembly of God's Church, to inform the said Lord King of Navarre, that hitherto he hath been deceived: and that his bringing up in his Religion hath been very bad, he is not obstinate, but easily may be reduced and brought to submit himself to sentence given by force of God's word. In the mean time, we cannot blame him whom his mother hath nursed & brought up in a certain Religion, publicly permitted by his majesties Edicts and ordinances, for standing firm in the same, and desiring to continue in that which he believeth to belong to his salvation. O Frenchmen, is it meet the King's Edicts should stand the wicked in stead of a bait, to root out, & with the sword or guile more than barbarous to destroy, the hearts & lives of the Princes, whom God hath granted to be borne over us? Will we grant that to force that belongeth to reason? In my opinion, we deceive ourselves, if we ween by weapons to wrest any thing from Mars: especially in whatsoever concerneth Religion, which among honest and the best men goeth nearer, and is of greater efficacy than all other humane actions. So as to the contrary, I do steadfastly believe that we have the more cause to hope well of the government of the said Lord King of Navarre, if it should happen: For sith his enemies are forced to confess that of himself he is a Prince wise, well taught, discreet, and reasonable, also that ourselves see him assured and by weapons in inexpugnable, in that which from his infancy he hath been persuaded to be good for him, in respect of that fear that he hath of God, how great a piece of the work soever offereth itself to his view, or whatsoever humane hazard there be any appearance that he should fear in the conservation of a mighty earthly Kingdom, whereof as yet he is presumptive heir, it is an invincible argument for us to know, that he loveth and feareth God above all things. Let us therefore give him a taste of our reasons, sith he is so very capable, to the end we may at his hand win that we desire, and which we ought and may speedily hope for, without particularly hating his person: without offending him, without provoking him, and without encurring the wrath of God, by procuring the shedding of the innocent blood of so many thousands of our brethren, and together with them the destroying of our poor Country. As yet in troth it is too great an abuse to term the said Lord King of Navarre a Rebel, or Traitor to the King's Majesty, for keeping himself from being slain, and for opposing to his enemies the walls of those, who being shadowed in their own houses, did only withal instance, and most humble petition require the King to permit them to live in peace of conscience under his obedience, against the which they did n●uer strive, neither would ever had recourse unto, or craved the said Lord King of Navarre's protection, whom they know never to have so much loved any thing as to live his majesties most humble & most obedient subject, whereof we all in our consciences are eye witnesses, neither need we any greater proof for the justification of him who neither doth, neither ever did desire of the King his Lord, any other thing then to live in his good favour, and to be of him accounted a most humble, and most obedient subject and kinsman.  
3 For this cause, in this action let all good Frenchmen consider, that the said Lord King of Navarre is, as they, the kings good subject, a Christian, one that feareth God, and a lover of his Country, so as for his sake we need not take arms or beat our brains, as do some that be persuaded by the wicked counsel of these firebrands: he is the son of the family: he is not a Spaniard that cometh to your walls, and to the doors of your houses: he is a true Frenchman, one that desireth peace, and one that would obey the King his Lord, in whatsoever lieth in him: he is a lover of the laws of the Realm, a sworn enemy to the seditious, an oppressor of the wicked, and a defender of the Commonwealth. Besides, he hath above all other the French nation the honour to be the first Prince of the blood royal, & heir apparent to the Crown, in case God should call our King without leaving any issue male of his body. Let every one therefore consider, that all his enemies objections are but mere cavillations: Let the French nation judge whether they have not more cause, or are not greatlier bound to love and acknowledge the King of Navarre, then and other next to the Maiestrie of our sovereign Lord the King, seeing we have chosen for our tutors, governors, and lawful administrators, the most noble and courageous family of the Capets, to be our Kings of France, from whence is descended in right masculine line on the father's side, the said Lord King of Navarre, as is aforesaid, also that every other way he hath thence taken his original: for his Grandmother on the father's side was Lady Frances of Alencon, daughter to Rene Duke of Alencon, and sister to Charles last deceased, all descended in right line of the males of Charles of Valois, who first took the name and title of Alencon, and was brother to Philip of Valois King of France, both sons to Charles of Valois, brother to King Philip the Fair, which two were sons to Philip the bold eldest son to S. jews, and his successor in the Realm. Again, the said King of Navarre's Grandmother by the mother was Lady Margaret of France, sister to King Frances the first. As for the Kings of Navarre, whom by his mother jane of Albret, daughter and heir to Henry of Albret King of Navarre, whom he hath succeeded, they also are descended from father to the son of the house of France, by the interposition of daughters capable of succession in the Realm of Navarre: for Henry Earl of Champagne and Brye, by his mother Blanch, King of N●uarr●, married a daughter of Robert Earl of Arthois, son to King jews the 8. of Franc● and brother to S. jews: of which marriage was borne jane heir of 〈◊〉 and wife of Philip the Fair King of France: of them two came jews Hutin, successor in the Realms of France and Navarre: when he died, he left a daughter jane, who after her Uncles Phil. the Long, & Charles that Fair, was Queen of Navarre: she married Phil. of Eureux, son to jews of Eureux, Son to Philip the bold King of France, and brother to Philip the fair: Of their marriage issued among other children Charles King of Navarre, who married the daughter of King john of France, and of them was borne a Son of the same name, for whose sake King Charles the sixth erected the land of Nemours into a Duchy. At his decease he left two Daughters, of which Blanche the elder succeeded in the said Realm, and of her and john of Castille her husband issued Eleoner, wife to Gaston of Foix, who seized upon the Succession of the realm of Navarre and other great goods. Of that marriage came Gaston of Foix that married Magdalein of France sister to King jews the eleventh, who had Frances Phoebus' king of Navarre, after his grandmother Eleoner, and Catherine, who succeeded her brother Phoebus: she married with john of Albret, father to Henry of Albret, and grandfather to Queen jane late deceased at Paris, mother to the said King of Navarre now reigning. So as it adpeareth, that he is on every side true french, and issued of the blood royal of France. Let us not therefore any longer give ear to these sclawders: but only have recourse to God by hearty prayer, that if the said Lord King of Navarre, or any other of our Princes have in him any thing, as he is a man frail and full of humanity, it may please him to touch his heart: Let us seek peace, fly debate, above all serve our God, honour our King whom he hath established over us, and after him love and regard the Princes of his blood: Let us call to mind the mishap and miseries happened in our time through evil dissensions, and let us set before our eyes the afflictions and oppressions which we are upon the point to bear if we be so wicked, perjured and disloyal, as to prefer strangers and enemies to our Crown before our natural Princes, to whom we have solemnly sworn our faith before God, & who for these 600, years have so graciously governed us, which is a double prescription to that which jephta judge of Israel objected to the Ammonites, who pretended by Arms after 300. years to recover the Land which the Israelites had conquered from them. Quare tanto tempore nihil super hac repetitione tentastis? which we may reproach to those that falsely do say, that our Kings have usurped any thing of those from whom they pretend to be issued, and whereof they ween to make a great show, if we had no stronger defences wherewith to uphold the possession of our Kings.  
4 For contrariwise, our King and Princes of Bourbon who are all of one blood, descended of the Capets, are the same who certainly are issued of the agnation and family of the same Charlemain, from whence these jugglers would fasty pretend the original of the Lorrains: even as he also was of the race of the merovingians. Pope Innocent the third writing to the Nobles & Prelates of France, about the year 1200. eloquently testifieth the truth of this story, speaking of Philip Augustus petty nephew to Hugh Capet, and Grandfather to S. jews, whom he evidently reporteth to be come of the said Charlemaign, so as otherwise we must argue this the Popes decretal Epistle of falsehood. Moreover, Regino the Historiographer, who lived almost in the same time, Ado of Vienne, Ottho of Frisingen, Martin of Pole, Sigisbert, Aimoinus, & others, do name Robert great Grandfather to Hugh Capet, Ottho his great Uncle by the father, and Robert his Grandfather, Princes and Dukes come of the noble line of France, of the which likewise, even of the Kings of France, Odo before he was elected King, did bear the arms and blazon which were Flowerdeluces sowed upon an azure field without number: which also were not altered before the time of Charles the sixth, who reduced them to three. And certain it is, that Odo durst not have enterprised to bear the arms of France if he had not been a Prince of the Royal family: The proof whereof is clear of doubt, in that we do moreover know the the said Odo was by the Estates of France, nominated for tutor and governor to Charles the Simple in his minority: which in this Realm is never granted to any but those to whom the succession may likewise fall: as was adjudged after the decease of Charles the Fair in the year 1327. in favour of Philip of Valois, ordained tutor to the womb of the Queen then great and the child to come: Again, after the decease of Charles the 5. and jews the 11. Also in our age the Estates offered the same office to the late King of Navarre, father to the King now reigning, in respect of the minority of Charles the 9 Finally, we read that by a common consent, the Frenchmen declared the said 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 family that bore the title and name Royal, but the first peaceable possessor of the Realm: so that sith every man seethe by our ancient Histories, with what virtue and marvelous assurance our Predecessors did evermore resist the force of strangers that sought to plant their name in the Royal family, we may not, neither can think them to have been so faint-hearted, foolish, and unconstant, as of their own motion and free will to have chosen the Capets, if they had not been of the house and family of their Kings, mere for succession in the Realm: To whom, for the proof and verification of the contrary, we do find they had recourse for the conservation of this law, so religiously evermore observed among them, and upon the which they have still accounted the liberty & dignity of this Realm wholly to depend. Besides, I would gladly desire these makebates of our time to show me any one History that maketh mention of any, that ever made difficulty or objected to the Capets, that they were no Princes of the blood of the Kings their predecessors, and meet to succeed in the Crown.  
5 But to take away all ambiguity, and to verify the distent of our Kings and the Princes of Bourbon, to be of the family not only of Charlemaigne, but also of Clovis, and other the merovingians of the first line, whereof also was the said Charlemaigne, (as Matthew Zampin a most learned parsonage, hath to the purpose discoursed, who hath not used falsified Chartres and Documents, as hath De Roziers' Archdeacon of Thoule, in his genealogies of Lorraine, against whom Nicholas Venier the true Treasurer of the Stories of France, hath argued falsehood in his treatise of the original of Frenchmen,) we must first understand that Dagobert King or Duke of the Francons in the East France about the year of Christ 306. had two sons Clodomer and Genebavint, of which two brethren descended in direct line Clovis the first Christian King of France, and S. Arnoul Marquis of the holy Empire, at Antwerp, afterward Bishop of Metz. This appeareth in the Chronickle of Chronickles, in the Illustrations of the East and West France, in Robert Cenalis, Geoffrey of Viterbe, & many other good Authors. Now S. Arnoule, before he took the holy orders of Priesthood had been Mayre of King Clotaire the seconds 
li. 5. ca 5. lib. 4. ca 17. li. 1. 2. part. hist. ann. 540  Palace about the year 546. who made him tutor of his son Dagobert the first of that name, as saith Otto Frisingen. Aimoinus, Regano, Antoninus, and Vincent the historical, who writeth that this Arnouldes Duchy lay near to Flaunders toward Lorraine, and Sigisbert witnesseth that he married Doda, 
Vgo Geblac. lib. 6. cap. 7. ann 649  who after became a Nun at trevers, of which marriage issued three Children, Ansegisus, Walchisus, and Clodulph. The eldest otherwise called Anchises, was Mayre of the Palace to Clovis the second, and married Begga daughter to Pepin the elder and sister to Grimoald, as saith Sigisbert and Paul Emilius, of whom came Pepin father to Charles Martel, who of the sister of Childebrand begat Giles Bishop of Rouen, Carloman a monk, and Pepin father to Charlemaigne. Walchisus S. Arnouldes second son had a son called Wandragisillus, 
ann 693  both, as saith Sigisbert, Canonised, neither was their posterity of any long continuance. Clodulph the third, otherwise called Elodulphe, was (as saith Sigisbert and Tritehemius) after his father Bishop of Metz: 
lib. 1 in comp.  but he had before married Mary daughter to King 
Ann. 640.  Clotaire the 2. after some, but as others say, Almabert daughter to Carloman Duke of Brabant, of whom he begat a son named Martin, 
Sigisb, 687. supplen. 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 Palace of Thierry King of Austrasy with Pepin son of Ansegisus: and Paul Emilie calleth this Martin Cousin to Pepin the Fat: and Blondus nameth him his brother. This Martin left a son called Childebrand, and a daughter wife to Charles martel, saith Paul Emile: whereupon other writers do term this Childebrand brother to Charles martel, and Uncle to his Children, in respect of the alliance that was between them. Nicholas Giles calleth Childebrand, Uncle to Charles martel, 
Chron. volum. 1. lib. 2. Wass. lib. 2  Richard of Wassembourg nameth him Lambert, he left a son called Theodorie, or Theodowald, who flourished under Charlemaigne, and being in his youth in the battle of Roncevaulx, was made governor of Saxony, 
Paul. Ac mil. li. 2  about the year 780. and thereof was termed the Saxon: he also led part of Charles Army against the Huns, about the year 791. 
Suppl. Aim. li. 4. cad. 82 Vrsperg ann. 792  Paul Emile, and others do call him Charles Cousin, which cannot be but by the said Childebrand. In an other place, the said Paul saith, that this Theodorick had the precedence because he was a Prince of the blood, before Geilo Constable of France. Thierry married the daughter of Witichindus a Prince of Saxony, who a little before was Baptized, & this marriage was made to the end by the alliance of the blood Royal, the Saxon might be kept in duty and amity with the Estate of France, after the example of Charles the bold, toward Godfrey Duke of the Normans, whom he caused to marry Giles daughter to his nephew 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, descended Robert: In respect whereof the Abbot of Vspergue, speaking of Odo the first Capet that was crowned King of France, saith 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 Marquis of Aquitaine against the Normans, who slew him, and Ranulph Duke of Guyente, in the time of Charles the bold. Whereby we may learn that the Prince's of this house were termed Saxons, either in respect of the government of Theodorick in Saxony, either else because of the alliance entered with Witichindus the Saxon: whereof our deceivers being ignorant, took occasion to think the Capets originary Saxons & strangers, 
Regino lib. 2.  notwithstanding in troth they were very Princes of the blood royal of France, Earls and Marquizes of Anieow, in which Province the Annals of the Country do testify that Thierry father to the said Robert, deceased at the age of 80. years or more, and his said son Robert after him: after whose decease the County of Anieow was committed to to the custody of one Hugh an Abbot, during the minority of Odo, 
Nic. Vign. in Chron. Burgund.  Robert, and Thierry, sons to the said Robert, to whom it was rendered after the decease of Hugh, whom some do make brother to the first Robert. Thierry one of Robert's children, was Earl of Bourgondie, & had a son called Richard Duke of Bourgondy, who begat Raoul, who with the help of his Cousin Hugh the Great, was upon the resignation of Charles the Simple, proclaimed King of France, and was the third Capet that before Hugh bore the name and title of King of this Crown: which still fell out by the nomination and common agreement and consent of the Nobility: which is a most sufficient testimony to prove that the Capets were undoubtedly Princes of the blood, sith the Frenchmen, so sore enemies to foreign government, had even at once respect to those men, and so often had recourse to their arms as to their natural Princes. Richard likewise begat Gisilbert Duke of Bourgondie, 
Paul. Aemil. lib. 3 Vgo Gemblac lib. 6. cap. 19  who had one only daughter that was wife to Ottho, brother to Hugh Capet, to whom she brought the Duchy of Bourgondie. Odo second son of Robert, and Earl of Paris was tutor to Charles the Simple, 
Gng. lib. 5. Sigisb ann. 890 Otho Fris. lib. 6. cap. 18  and afterward being proclaimed King of France, died without issue. Robert the third son was Constable of France, and admitted King after the decease of his brother, whereby he grew into great hatred with Charles the Simple, and finally died about the year 922. leaving issue Hugh the Great, Earl of Paris, 
Sigis. Abb. Us. perg. Vgo G●blac.  Duke & Constable of France, as saith Paul Emile. This man in revenge of his father's death, endeavoured (as saith the Abbot of Vspergue) to make his Cossen Raoule Duke of Bourgondie King. He married Havide daughter to the Emperor Henry, 
supplem Aim. lib. 5. cap. 43.  and sister to Ottho the first, of which marriage descended three sons, Hugh Capet the first peaceable enjoyer of the Realm of France of that family. 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 progress and true genealogy of our Kings descended of the said Capet: whereby appeareth the falsehood of our sclaunderrs liedgerdemain, who give out that the Capets being strangers did usurp the Crown of the house of Charlemaigne, whereof nevertheless I have heretofore showed you that it is 580. years since that race was utterly extinct: so far are the Princes of Lorraine from taking their original thereof: neither need we believe the fable of adoption invented by du Rozieres, as false as blockheaded, and doltish a Chronegrapher, and historiographer, & a worse Lawyer. 
l. fidei commissum ff. de cond. & demo.  For he should have known that his pretended adoption made by some one of the Carlians of that name, from whom he would bring the descent of the Lorraines, could not take hold in the Realm of France which is successive, so long as any one Prince of the blood lived. 
l. vec eniml. nam ira. l. si pater ff. de adop.  Besides, that at all assays it had been requisite, even in default of heirs of the Crown, that this adoption with the notice of the cause had been made by the general Estates of the Realm, so to have made the adopted capable of the succession: as I could at large show him, if there needed any confutation of those fables, which they would suppose unto us in the underpropping of the pretences of strangers, our enemies, with a rotten post: but I will content myself with the representation of the genealogy of the Capets aforesaid, whereby you see how they abuse us. Wherefore let us there leave them, and among our natural Princes let us put of all passion, & judge what is right, also what pre-eminence the one may have over the other, both by reason and civil discourse. If it were to any purpose to lay open to the French, the rules of establishment of a Tyrant stranger, an usurper of an Estate, there is no man (how greatly soever affected to the felony which good men do find to be now conspired against the honour of the King, and the Princes of the blood Royal by these perturbers of the peace of this Crown,) but would abhor even to hear the same spoken of. To conclude, therefore I will now content myself with warning every one, to mark and consider the means, which such always as have gotten the upper hand of a Lordship, whereto they had no other right but ability have holden: and then I hope they will think that the government of a natural Prince is gracious, loving, and favourable, in respect of the mistrustful, suspicious, and tyrannous stranger, unto whom not only the deeds and words, but also the gesture, behaviour, yea, the goods and wealth of his Citizens are suspected, because he feareth his own shadow. Remember the ancient Fable of the Pigeons, who when they had elected the Ringdove to rule them, were soon weary of her courteous and gentle government, which they termed, soft and delicate, and in her room chose the Kite, who in lieu of well entreating of them, did eat, beat, and daily tear some one among them in sunder with her beak and wings: whereat these miserable fools being offended, could have been content to have returned under the yoke of their first election, but the Kites tyranny could never brook it, whose successors do yet to this day practise their roine upon them. Once it fell out that the Frenchmen through wicked counsel, in lieu and place of their natural Prince whom they bore somewhat heavy, were suborned to elect one Giles a Roman, of whom they were soon weary, after they had casted what it was to live under one whose humour and birth did not agree with his subjects: and it fell our well for them that their King was of power sufficient to resume them again into his protection.  
The end of the third part.    


❧ THE CONTENTS OF THE FOURTH part of this Book.  
1 The authorities of Doctors for the preferment of the nephew before the Uncle.  
2 Examples of the preferment of the nephew before the Uncle.  
3 Reasons in law for the nephew against the Uncle. The nephew succeed in the eldership of his father in proper person as being substituted to his late father.  
4 The right of eldership is transmissible & perfect, wanting but execution.  
5 The right of eldership is legal, or custumary.  
6 The Lord Cardinal of Bourbons acknowledgement in the favour of his nephew the K. of Navarre's marriage.  
7 Answer to the examples of the Uncle alleged against the nephew.  
8 Answer to the uncles reasons against the nephew. Substitutions and continuation from the father to the son in collateral line by justinian.  
9 Successiou once roored in a line, never departeth the same until it be finished or worn out.  
10 The order of Tutorship, and the succession of free borne, & Libertines is unlike.  
11 The King's youth never debarreth them from the Crown. The opening of the saying, that personal right is not transmissible.  
12 Successions made by civil law and custom, confessing the right of eldership, are far unlike.   

THE FOURTH PART OF the Cath. apology.  
IN the fourth Objection the King of Navarre's adversaries do oppose against him the Lord Cardinal of Bourbon, his Uncle, as nearer by one degree, and now by the decease of the late Anthony of Bourbon, Father to the said Lord King of Navarre, 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 arrests of the Salic Law that we have in these words. De terra verò Salica in mulierem nulla portio haereditatis transit, sed hoc virilis sexus acquirit, hoc est, filii in ipsa haereditate succedunt, sed ubi inter nepotes, & pronepotes post longum tempus de Allode terrae contentio suscitatur, non per stirpes, sed per capita dividantur. But the decision hereof we must seek in the Commentaries of our Doctors, which Accurtius, Odofrede, Pope Innocent the fourth, Durand, Ric. de Malumbris, john, Andrew, Alberick de Rosatis, Barth. Bald, Paul de Casiro, Angel. Aret. Martin. de Land, john Faber, Pet. de Ancar. Barbat, Felin, Ausrerius, Wil Benedict. Cassanee, jews Bolognine, Matth. de Afflictis, Andreas Sicul. Abbas Panormitanus, Bartholomeus Sosinus, jason, Alciatus, Tiraquel. jews, Charond. Choppinus, and many other have concluded in favour of the nephew against the Uncle, who termeth himself eldest by his brother's decease, either indirect or collateral line in successions indevided as Realms, Empires, Duchies, Counties and Marquisates. 
c. Imperi alem ff. prae te. ea de prohib. fend. alien Per Frid. coll. x.  Yea, Decius imitating Socinus, doth write, that among the Interpreters of Civil & Canon law, high qui pondere, numero, & mensura praevalent, have always consulted and determined against the Uncle: so that by the authority of so many skilful persons, the said Lord King of Navarre hath the better cause of the Cardinal his Uncle. Secondly, the foreiudgements must be alleged for the decision of this controversy. bald ho●ldeth, that evermore it hath so been observed and decided in all contradictory judgements of France and England. And Paul maketh mention of the Spanish law in this respect solemnly sworn unto by the states of the same land, & in deed we read goodly examples both of these and many others.  
2 First in France, for the same house of Bourbon in the time of jews the Fat, king of France, about the year 1110. Hanno had expulsed his nephew Arcembault, 
Paul. Ac 〈◊〉. in Ludou. Crasso.  a young child, son to his elder brother, pretending that the Lordship pertained to him as being entered into the Law of the eldership, by the decease of his elder brother: But the French Nobility forced the uncle to give place to the nephew, whom they substituted in the room and place of his brother, reserving to Hanno only some portion of the goods, as to one of the Children of the same house. another example we have in the posterity of Henry the second K. of England, who had three sons, Richard Cordelion, Secondly Geffrey, who had married Constance, the Heir of Britain, and died in his Father's time, 
P●lid. in hist. Ang Paul. Aem. in Philipp. August.  leaving his Wife great of Arthure, afterward Duke of Britain, and john surnamed without land: Soon after the father's death died Richard also without issue, whereupon Phil. Augustus' King of France, who reigned about the year 1141. adjudged the Duchy of Normandy, with other the Lands that the said Richard held in France, unto Arthure son to G●ffrey his elder brother: but afterward the said john made peace with Augustus through the marriage of his son jews unto Blanch. Niece to the said john by his Sister, wife to the King of Castille, together with some Lands that the said john abandoned to the said Philip. So that Arthure still prosecuting his right, was slain by his uncle john, whereupon the King of France took occasion for that felony, to confiscate all those lands as having always favoured and authorized the cause of the said Arthur. The third judgement passed in the time of Charles the Fair, King of France, about the year 1331. for the Earl of Flaunders: for jews of Nevers was by the Peers of the Realm declared Earl of Flaunders, and preferred before his Uncle, after the decease of Earl Robert, because he was son to the elder who died afore his father. True it is, that for entering upon the said County, and taking upon him the title of Earl, before he had taken his oath & done homadge to his Majesty, he was arrested at Paris and imprisoned in the Castle of Louvre, from whence he was soon after delivered again. another solemn arrest passed in the time of Phil. 
Idem in Philipp. Val.  of Valois, about the year 1328. for the Duchy of Britain, by reason of the decease of Duke john, who died without issue, leaving behind him his third brother Ih. Earl of Montfort, and the daughter of his second brother Guy viscounty of Lymoges, than wife to Charles Earl of Blois, 
Renat. Chop. de Doman.  unto whom by sentence of the Court the said Duchy in the yerre 1341. was adjudged, because Charles of Blois showed, that by the custumes of Britain, the succession belonged to the eldest, them 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 enjoy the same Duchy, that came by virtue of a certain agreement afterward made at the entry of Charles the fifth in the year 1364. another sentence passed in the time of Frances the 1. in the year 1517. for the County of Foix, and other the lands belonging to the same family, between Odet of Foix Lord of Lautrect, and Villemur, and Henry of Albret King of Navarre, Grandfather to the King of Navarre now reigning: for Gaston of Foix, and Eleanor of Navarre had two sons, Gaston the eldest, and john viscounty of Narbonne the younger: 
Garib. in hist Navar. li. 33  Gaston died before both father and mother, leaving survivors by his wife Lady Magdalem of France daughter to Charles the seventh two children, Philip Phoebus and Ratherine, whereupon their Uncle john viscounty of Narbonne, having married the sister of King jews the 12. made suit against the said Phoebus his nephew, pretending eldership by the decease of his brother Gaston: The cause pleaded in the Court of Parliament, was by the Counsel compounded in the year 1488 but soon after began again by Gaston of Foix Duke of Nemours, son to the said john, being in great favour with his Uncle King jews the 12. but because he died at the battle of Ravenna without issue, it seemed this process might have ended, but it fell out otherwise, for Odet of Foix his Cousin and pretended heir, took the same cause in hand against Katherine sister to the said Phoebus deceased, and proceeded so far that by arrest of the Court in the year 1517. he was put by, & the said County together with other the Lordships of the same famelic, adjudged unto Henry of Albret son to the said Katherine, and his posterity, of whom, as is aforesaid, is descended the now Lord King of Navarre. 
Polid. Verg. in hist. Ang.  In England, after the decease of Edward the third in the year 1378. Richard son to Edw. Prince of Wales, was without contradiction crowned, and preferred before his uncles the Dukes of Lancaster, of Clarence, of Gloucester, and York: but above twenty years after for his evil behaviour and misgovernment, 
Phil. dec. conc. 44. 2. part. 3. volume. Nicol. de Vbald. in tract. de success. ad intestat. number. 62.  he was deposed, and his Cousin Henry son to john Duke of Lancaster set up in his place. In Portugal King Alphons the fifth had two children, Fernand, and Henry, who being the elder deceased before his father, leaving a son named john: after the decease of the said Alphons, the said john commonly called john the second, whom the common Histories do falsely term son to the said Alphons, 
Garib. lib. 22. Osor. lib. 1. hist. Lusit.  did peaceable enjoy the Crown from the year 1482. unto the year 1495. when he died without issue, and then his Cousin Emanuel son to Ferdinand succeeded him. The said Emanuel having reigned 22. years, among other children left his son john the third, who was crowned after him, and Henry the Cardinal. john the 3. during his reign, had a son of the same name, who died before his father, leaving his wife with child of Sebastien, who after his Grandfather john the 3. was preferred before his great Uncle Henry, 
Tiraq. de jur. primog. quaest. 4. number. 5●.  brother to the said john the 3. notwithstanding the said Sebastiens father was never King, and that the said Henry might have objected the same: but he reigned not until the said Sebastien died and left no issue: which question saith Tiraquell, doth so resemble ours, as one Bee may an other. In Castille, King Alphons the 10. had two sons, the elder Ferdinand who married Blanch daughter to S. jews, and of her begat Ferdinand and Alphons. The younger called Sanxi who seeing his elder brother dead, and weighing his nephews right to the Realm, could not tarry the decease of his father the said Alphons, but during his life time raised wars to the end to procure himself to be declared heir: whereat this good old man was so wrath that he accursed him. 
Marian. Sicul.  Besides that the French King Philip the third Uncle by the mother to the said young Princes, after he had thereupon asked advise of the wise men of his Realm, led an army unto the frontiers of Spain, and had gone forward, had not the Pope's Legate lingered him with words, together with the assurance which the said Alphons made him viz. that he would uphold the right and cause of his said nephews: which nevertheless he soon after he forgot, and sent out his Letter sealed with gold, and his own Image therein graven, to his subjects, repugnant to the former, and by means of the same by forc●establish●d Sanxi his second son, so as the orphelins were not overcome but with the swor●, without any show of reason, as the history do import. 
Iust. lib. 23.  In Sicill, the like quarrel being moved between the son and the nephew of Agathocles in the extremity of his sickness, the nephew by the will and judgement of God, overthrew his said Uncle, and remaining victor was King over the whole Land. 
Witichind. lib 2. Sigis. in. Chron. circa. annum. 942.  In Germany, upon the like controversy under Henry the 3. & after under Ottho the Great, the histories do report that the States of the Empire met and agreed that this debate should, as the custom of that time required, be ended by a combat, wherein the defendants of the cause of the nephew son to his brother that would have had his father's room were conquerors, and thereupon the said Estates did so conclude and adjudge it. More solemn also is the sentence which Lycurgus the true Oracle of humane wisdom, gave in his own cause, about the 17. olympiad, & in the time of Numa King of the Romans: 
Plut. in Lycurg. Iust. lib. 3.  for we read that his father Enomus King of the Lacedæmonians had two sons, Polidectes and Lycurgus: the first died before his father leaving his wife with child: Enomus dead, Lycurgus took the royal Diadem, and kept it a few months, until at a banquet among his friends his nephew the after borne was offered unto him, whom he named Charilaus, & withal set the Crown upon his head. To this example hath relation also the same judgement that Pausanius writeth of the Senate of Sparta, above 400. years after Lycurgus, concerning the children of their King Cleomenes who had two sons, 
Pausan. lib. 3.  Cleonimus and Acrotatus the elder, who dying beforr his father, and leaving his son Areus, the Realm came in question between them, where sentence passed for Areus against Cleonimus, who was so wroth therewith, that he called Pyrrhus' King of Epiro son to Earida, and caused him to enter the land, whereupon he was declared enemy to the Commonwealth. In Italy, Robert the second King of Sicill son to Charles the second, 
Oldrad. conc. 224 Bald. in l. liberti C. oper. libert.  about the year of jesus Christ 1310. when there was controversy for the County of S. Severin, between Thomas son to the elder, and james the younger, gave sentence for the nephew: so that the said Robert, whom our Doctors term an other Solomon, 
john. An dr. tn ad dir ad specul. in tit. de feud.  being in avignon accompanied with a number of Doctors, and other skilful personages, adjudged the said County to him.  
Ottho of Frisingen rehearseth the custom of Bourgondy, which saith he, was evermore observed among the Gauls, concerning the father's succession, which was adjudged to the eldest and his posterity, unto whom the rest as to their Lords, aught to yield all respect, honour, and duty. Demosthenes also maketh mention of the Athenians law whereby brothers children had part in the succession of their Grandfather, as branches and bodies substituted in the Rooms of their deceased parents. So as the great number of arrests passed might at this day be reason sufficient to restrain the Lord Cardinal of Bourbon, and those who under pretence of favouring his cause, do practise their own advancement by the destruction of the Royal family: especially sith these judgements passed not without great notice of the cause, ripe & most sound considerations, which learned men shall conceive, as drawn out of the fountain of the Civil and Cannon laws, from whence the best and most of our policy is taken.  
3 The first reason is, because the father and the son, saith justinian, 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 son, who is part of his flesh and bones, and is therefore termed son of the household, as the other father of household, 
l. 1. C. de privil 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 manner not dead, because he hath left one like himself. And after the father's decease the son purchaseth not a new his rights and succession, but taketh upon him the administration and use of the same, 
l. ut intestato C. de suis & legit. l. posthumorun ff. de injust. rupt.  whereby the same matter that was to be considered in the father, is no doubt transported to the person of the son, how personal soever the same be, and he is thereof capable, as a stranger inheritor cannot be: in such wise that the son by nature and civil law substituted in his father's room and place, is to enjoy all privileges, dignities, and rights that might to the deceased have appertained. This civil reason conformeth itself to infinite examples of the law. First, we know that the son dying before his father, the nephew entereth the room of the deceased, and enjoyeth the same rights as his father, if he had lived, should in his Grandfather's succession, as appeareth in the Counsel of Gallus Aquilius: by the law Vellea, and other the heads of our wisdom: so that no reason can be alleged why we should otherwise think in this deed, which dependeth of the right obtained by the father in respect of sevioritie in the succession of his predecessors: 
Paul de Cast. conc. 264. in 2. part. Oldrad. conc. 224.  for although the son of the deceased elder do maintain the sevioritie to be his, by his own right and person, yet is he as it were substituted in the place and person of his said father, and admit the quality of seniority were by the father's decease dead and extinct, yet the power & ability to succeed thereby is not extinct and lost, 
l. Lucius ff. de haered. inst. l. 1. C. de conduit. insert.  which being divers, and separated from the eldership, is continued and transported into the person of the son. Whereupon in law we do say, that the same departing before the father, his son succeed in his possibility, because the same occasion, if any dieth without children, is accomplished in the wise counsel of the testator, if there remain any issue of the afore deceased son. Hereupon by the arrest of the Court in the year 1555. was the daughter of the eldest son of Thibault of Vitry preferred before her Uncles in the right of eldership, to the lands and noble Lordships of the said Thibault. Secondly, it was determined that the free borne children were not bound to lay together their own goods in partition of their fathers, or if it happened the same being under his father's jurisdiction to decease, leaving his son alienated to some one of his brethren of the same calling, the nephew who in his own person could not attend the relation of his uncles proper goods in the succession of his Grandfather, might nevertheless demand the same in the behalf and as substitute to the person of his deceased father, and therefore the same right that he had in the same relation is adjudged to his son, who of himself was unperfect & badly grounded in his demand. 
Novel. ●18. cap. 2. & novel. 127. cap. 1. nuth. cessant C. de legit. h●●red.  By our Laws also the brother by father and mother, is in the succession of his deceased brother, to be preferred before the rest of his brethren of the same belly, or kinsmen: Let us now presuppose the brother both ways were deceased, leaving one son. The son is to take up the inheritance of his Uncle, before the rest of the brethren of the deceased, being of one belly, or kindred: which he cannot do by his own right, because he was not brother to the deceased, and therefore necessarily he taketh it in right of substitution and succession to his late father transported into his person, whereby he not only succeed with his Uncles, but which is more, excludeth them as might his father have done if he had lived. 
l. quae de tota ff. de rei vend.  Moreover, that which is noted in part, must take place in the whole, and yet in the substitution of the deceased father's succession, the children of the deceased do take their part and portion of their deceased Grandfathers goods by stock, not by head, that is, in consideration of their father's person, which we call in stirpes non in capita, which also concurreth with God's law, as we may note in the portion that Abraham gave to his nephew Lot the son of his brother Aram, 
Genes. 11. 13. & 13. Novel. 118 ff. ceterùm.  in the succession of their general father There. In the collateral line, the text of justinian's novel saith, that the neu●we son to the brother succeed in such part as his deceased father might have done: why then should we not observe the same in things wholly undivided, as in a Realm, Empire, duchy, and such other like, which can have but one master? so that the nephew taking his father's room may exclude his Uncle, even as his deceased father might have done, because in such successions there is place but for one? Moreover, we know that the obligations wherein the father stand charged to his son, are in like force and virtue in the persons of his issue, and therefore the Grandfather is bound to endow his niepce for her father's sake, 
l. dedit dotem ff. de coll. bonor.  so as the same right whereby the Daughter may force her Grandfather to marry her, is in consideration of his son, because, saith Celsus, the Grandfather's duty to his niepce, ariseth of his fatherly love to his son, and thereby his children ought to have the same that to him had appertained, if he had lived in the world. In an other place the emperors Zeno and justinian have decreed, that at the decease of one of the children of the first bed, the part that he should have had in the gifts between his father and mother at their marriage, cannot arise to his brethren, but must (by their wills) appertain to his children, if at his decease he left any during his father's life. Pomponius speaking of a Libertine, 
l. si operarun l. à duob. ff. de oper. libert.  who had promised his endeavour to two Patrons, is of opinion, that if the one die, the same duties belong to his children, notwithstanding the other do live. Which can not be, but in respect of the Obligation wherein this boundman was bound to their father. To be brief, I might be tedious in discoursing upon infinite continuations and substitutions of Children in the rooms of their deceased Fathers. Neither is to any purpose that answer of those of contrary opinion, which allege, that whatsoever we have said taketh place only where the father is of himself perfect, and in his own person doth certainly obtain: For I say moreover, that in case there were no more but the only and sometime vain hope, yet were it lawful for the son to use the same, and to seek out the effects that may come to hand, 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, judicium operarum non contestatum, & such like, wherein do very often consist the power and force of ●ature, although the children be not heirs to their father.  
4 The second reason is mere civil, whereby we say the right of eldership is borne and form in the person of the Father at his first entry into the world: Moses termeth it, primogenita tua, by a possessive pronoun. The Interpreter do describe it, 
e. quam periculgsum 7. q. 1.  Ius prioris aetatis, honorificum & utile competens filio, quia primus est in ordine nascendi. So consequently he is of nature, and therefore transmissible. whereby also during the Father's life, the eldest son is called King, Duke, Earl, etc. of his father's quality, the hope of which seniority he may sell, 
Genes. 36. Decius' council. 443. in 2. ●arte. Abb. conc. 85. Andr. Siculus concil. 10. l. emacipatum ff. fin. ff. de senate. l. diuo. C. de quaest. l. ut Iuris● trandi ff. si liberis ff. de oper. libert.  give, dispose, transfer and resign to an other man's person: as Esau did to jacob: especially, because he hath notable interest therein, as in this matter in respect of the natural affection he beareth to his son, and the desire that nature hath planted in him to leave his son substituted and successor in his room: besides that sith eldership is an excellent and notable dignity, death or any other mishap of the father cannot be prejudicial to the son, who in this point is not considered as inheritor to his deceased father, but only in the quality of a son, 
Paul. de Cast. conc. 294 in 2. part. Oldr. conc. 224.  whereby all whatsoever his father's rights are to him obtained, and without difficulty reserved: It is not therefore properly transmission, whereby the son succeed in his father's seniority, 
Bald. in l. cum antiquioribus C. de jur. ●elib.  but more truly it is termed continuation, represemation, and natural substitution in his own person, and therefore divided from the father's right and quality, though extract out of the same: whereof it oftentimes falleth out, according to the doctrine of Barth. Aret. Alex. and jason, that it 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 only cause of a privilege, he loseth himself and vanisheth therein, otherwise if he be brought forth of any quality separate, and divers from the man, although resident in him as in a free birth, 
l. non solum ff. de rest. in integr. l. haered. C. ap Well l. minor. ff. fin. & l. seq. ff. de minor.  in which case it is transmissible, and may be obtained to his successors, in whose person he was resident. Even in this case our interpreters do uphold that the right of eldership, because it is form, and wauteth no more but execution and full possession, may justly be compared, juri accescendi, & juri deliberandi, which are transmissible, and do extend to the heirs.  
5 The third reason for the nephew, is, that the right of eldership is a constitution and decree, or rather a legal and customary institution, established in the favour and benefit of the first borne, to whom by the same order are substituted the younger, in case the elder die before them. Now it is certain that the law is of like, 
l. non imp●ss●oile ff. de pact.  or greater authority than composition or contract between parties, by which compact, whatsoever is to us merely or conditionally due, is transmissible, and may be obtained for the successors, or heirs of the obteyner: & so consequently although the right of eldership were not perfect, or fully obtained to the first borne, as it is, but had therein any modification or natural condition, yet should it together with all the qualities thereof, be obtained, 
l. si pactum ff. de probat.  and belong to the son of the elder, to whom the law hath had regard, no less than they qui paciscuntur, tam haeredibus, quàm sibi ipsis cavent: which is the reason of the difference, whereby that which is to us due conditionally, by virtue of a later dispostion, cannot belong to our heirs before the condition accomplished, 
l. vnic. ff. sin autem C. de cad. toll.  because the deceased thought not to give it to any other than him whom he named, but contrariwise contractors doc covet to obtain whatsoever their rights to their substitutes after their decease. Besides that this substitution by custom made of the younger to their elder brothers, cannot be understood, but in case the elder die without issue: as we say out of Papinians opinion, that the substitution of the father made unto the son is meant, if this should die without issue. The fourth is, that although the son of the elder be a degree further of then his Uncle, yet being substituted in his father's room and place, he must be preferred, because the right of preferment is not obtained to us only, but also by the right & person of an other: so that so long as any portion or relic of this seniority shall remain, 
l. 1. C. de testa. tut. l. si quis sub conditione ff. cod.  no other can take place by any mean whatsoever: even as we do maintain that how small soever the token of the former tutel be, it is in respect of the son sufficient to hinder any other, or divers course of the same: and so consequently the son, 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 uni ex liberis assignavit libertum, to whom and to his he is due, & illis extantibus, alteri non est locus. So then the law, custom, and public ordinance having called the eldest, and to him assigned that right of the Realm, it cannot belong to any other but him or his being sufficient, so long as they shall remain in the world, to take up that succession, which the right of eldership hath given him. 
c. 1. de nature. succ. feud. cap. 1. de success. feud. March.  The sixth reason shall be that the same laws and customs that are observed in siefes and vasselag, are considerable in Realms and 〈◊〉 ruling. And it is certain that in beneficio quod feudum appellant, nepos ex filio, solus succedit, and in default of him only the Uncle is called to the said succession, notwithstanding our writer dare falsely maintain the contrary, and allege the texts that make ad literam, as they term it, against him. Why then should we not say as much of the Realm and Crown, which is the rule and government of the said stefes? Finally, 
l. 1. ff. si tabul. test. thursdays. ex tab. l. 1. ff. de success. Edict.  without doubt the right of eldership is a quality that passeth to every of the children, from the first to the second, from the second to the third, and so consequently, as do the heads of succession ordained by the praetors 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 universos agnatos cognati. Thus are the first borne the first head, whose degrees are to be considered in their issue. The other head is of the second borne, whose degrees are to be observed in his children. etc.  
6 Yet is there in this cause one especial reason for the said Lord King of Navarre, which cannot be answered, that is, that his said Uncle, the Lord Cardinal of Bourbon at the marriage of his nephew the King of Navarre to Lady Margaret of France, acquitted, demissed, yielded and transferred to the said Lord King, all and every the rights & tles, voices, and actions present & to come, that any way might to him appertain, as coming of the house of Bourbon, expressly acknowledging his said nephew the Lord King of Navarre, for the true son, heir, successor, 
l. 1. C. de pact. l. de fidei commisso. C. de trausact. c. cum contingat x. de jurejur. cap. ficet eodem in 6. cap. quamuis de pact. in 6.  and in all and by all, representer of the seniority of the said house. To think therefore now to go against the said renunciation, made under a vain hope of succession in this Realm, comprised under this general eldership of his late brother the Lord King of Navarre, there is no appearance, sith spes fidei commissi, & conditionis in certum remitti poterit, yea, that iusiurandum rewnciationi interpositum tale est, ut observari possit sine salutis aeternae dispendio, also that by the Cannon laws a renunciation confirmed with an oath can not be broken. Besides that the renunciation was a part of the donation in the contract of Matrimony, whereby the marriage of the said Lord King of Navarre to the said Lady of France, was more easily accomplished, and by the restoring of the same, the children of the said Matrimony might be endamaged: which may not be permitted, especially because the said Lord Cardinal can allege no likelihood of hurt through his minority, force or other causes of restitution, against the said Lord King of Navarre his nephew, who at that time was young, and under the said Lord Cardinals authority. 
Dionys. Halic. lib. 1.  On the other side, the learned do for the said Lord Cardinal, bring in the example of silvius King of the Latins, who was preferred before julus his elder brother Ascanius son: but in this matter the argument is not alike, for Ascanius died not in his father Aeneas time, but had worn the Crown 38. years, or there about after his decease, and when he died the succession thereof was restored to silvius, to whom it rightly did appertain, as being the true inheritance of his mother Lavinia. For it is evident that Aeneas after the destruction of Troy, landed in Italy with his son Ascanius, and so well ordered his affairs, that he married Lavinia daughter to Latinus King of Alba Longa, whom he afterward succeeded, & of that marriage begat silvius: so that Ascanius reign over the Latins in Italy, was by tyranny, and without any available, or more apparent title than the sword: for the Realm belonged to silvius in the right of his mother Lavinia. Secondly, they allege a judgement of the Senate of Sparta, 
Pausan. lib. 3.  between Agesilaus and his nenewe Leotichides, son to his elder brother Agis, whereby the Uncle was preferred and the Diaden royal to him adjudged. But herein I would also desire them to have recourse to the reason that Pausanias yieldeth for the said judgement, which was because he was by his father Agis denounced a bastard, whom in such cases the ephors commonly believed, as appeareth by a fore judgement long before by them given in the person of Demaratus, 
idem eodem libro.  who was driven out of the Realm which he did enjoy, because of the like speech used by his father Ariston, & in his place as unsufficient, was substituted his Cousin Leotichides.  
Their third example hath yet less appearance, 
Aimoin. Monach. lib. 3. cap. 62.  and is of Gontran King of Orleans, of the sons of Clotaire the first, who was preferred before Childebert, son to his brother Sigisbert King of Metz, in the succession of Cherebert King of Paris: for they say not that it was by force, either that the Realm of the said Cherebert was divided, even in the life time of the said Sigisbert, father to the said Childebert, among all his brethren, and yet that afterward the weapons of the said Gontran were the stronger, when Fredegond had procured the death of Sigisbert, which soon after Gontran repented, and having no children adopted his nephew Childebert, who in the end enjoyed all his possessions.  
The fourth is of Honoricus son to Gisericus King of the Wandales, 
Procop. lib. 3.  who was preferred before Gondabundus son to Genson the said Gizericus elder: but to this purpose they should withal have set down the words of the said Gesericus the father's last will and testament, importing, as saith Procopius, that he would have the eldest of his children to succeed him: which peradventure he had learned of the ancient Nomades, 
Strabo lib. 16.  among whom, saith Strabo, the prerogative of years was religiously observed, in consideration whereof sentence passed for Corbis the eldest against Orsna his Cousin, 
Liu. lib. 8. decad. 3.  and son to the last King, whose controversy was decided by a Combat. But in France we regard not the age, but only the order of seniority, wherein the nephew continueth by substitution of him in the room and place of his father, the prerogative of the son. The like was observed in barnard son to Pepin, Charles the Great eldest son, before whom was preferred to the Empire jews the Mecke, second son to the said Charles. But this example may most easily be answered, because it was the same Charles their common father, that had divided his Dominions among his children, and had given Italy to Pepin his eldest son, which also was reserved to the said Bernard his son, and therefore after the partition made by the said Charles, he could pretend no further in the succession that might come in question: besides that at that time the Empire was not properly successive: for notwithstanding the nearest in blood to the deceased Emperor did succeed, yet durst he not so entitle himself, until by the consent of the Romans he had been publicly anointed and crowned. 
Onuphr. de Comit. Impor.  Much less also was the Imperial dignity successive after the creation of the Prince's electors of the same in the time of Ottho the 3. of the house of Saxony, or by the opinion of the skilfullest of our world, in the time of Frederick the 2. so as there is no likelihood to draw an elective Empire into consequence, with hereditary and patrimonial Kingdoms. The 5. judgement is of the County of Arthois, 
Paul. Acmi. in Philip. Pulch.  which was in strife in the time of Philip the Fair King of France, between Maude wife to Ottho Earl of Bourgondie, daughter to Robert Earl of Arthois, slain at the battle of Courtray, and Robert the son of Philip, who likewise was son to the said deceased Earl Robert: in which case the aforesaid County of Arthois, was by the said French King adjudged to Maud, who was preferred before her nephew Robert, being yet in infancy. And in troth the history setteth down no other particular occasion of this judgement, but that it was given by the mere motion of the said King Philip, Lord of the fief. Neither is it said that his Majesty took any other advice but of his own will, & the need that then he had of Ottho the said Maudes husband: together with the small service that of long time he might attend of the said Robert a young child, 
1. l. ff. de usucap.  and at that time there needed a good warrior to be opposed against the Flemings, to the end to suppress their boldness and customary rebellions. So as in respect of the said Roberts very youth, the said King Philip thought it meet to infringe the law and custom usually observed in like causes. But God be praised, in whatsoever may happen between the said Lords the King of Navarre, and his Uncle the Cardinal of Bourbon, we cannot incur that danger, but rather were to be feared the great years of the said Lord Cardinal already old, worn, and by reason of his order estranged from all use of arms, in respect of the flowering time of the King of Navarre, a Prince brought up in the same, and in gonernment of Estates.  
The sixth is for the County of Champagne, between Henry the second son of Earl Thibault, 
Geofroy Ardoin du voyage de la terre saint.  & the daughter of the said Earl's eldest son wife to Erard of Breno, in which case by arrest of the Court of Parliament of the Peers of France, in the year 1216. the said County was adjudged to Henry the Uncle, against his nephew, daughter to his elder brother. But it may easily be answered, the eldest son of the said Thibault going into the holy Land, had expressly ordained that in case he died in the said expedition, or otherwise without issue male, then that his brother should succeed in the said County, with endowing his daughter, wife to the said Breno with a competent sum. The seventh happened between the children of Charles the second King of Sicil, 
Collenut. in hist. Neapol.  son to the brother of King S. jews, who married the heir of Hungary, and of that marriage begat Charles Martel and Robert. The father gave and appointed to the said martel the Realm of Hungary, and in his life time caused him to be thereof crowned, whereby he did a while enjoy it and then died, leaving his son Charles, to whom Charles the Grandfather confirmed the donation of the said Realm, made to his father martel: and to his second son Robert he gave the Realm of Naples. So that by the truth of this history, it appeareth that this was a partition by the said Charles the second made between his children, which they could not resist, and whereof neither the said Martel, nor his son Charles had cause to complain: for the Realm of Hungary was far greater, more rich and wealthy, then that of Naples, which was already rend and dismembered by the Arragon's, as it is evident, by all histories of those times. Our Interpreters do yet more briefly answer this preferment of Robert the second, 
Bald. in l. liberti C. de oper. liber. Oldr. conc. 224. Panor. conc. 3. in 2 part.  before the son of Martel his elder brother, aleadging that Pope Clement the 5. pretending authority over the Realm of Naples, which he avowed to be of the fief of the Church, pronounced this sentence lightly enough therein, doing the office of a party rather than of a judge: besides that of the said Realm in respect it was subject to Saint Peter's chair, was not properly successive.  
The last example that they allege is of jews Sforce, 
Guichard. lib. 1. hist. ●●al  who was preferred to the Duchy of Milan, before the son of john Galeas, but they might rather say that he preferred himself by force, and through execrable tyranny which the said jews exercised against this poor orphan, under pretence of governing and defending him. Besides, it is so far from being our case, that it is certain that the young child enjoyed his father's Estate, when this Tyrant his Uncle seized thereon, and put him to death, as unjustly, as in the end God did justly punish him, in causing him to end his days in misery and captivity. Having thus answered such examples as they may allege, 
l. pater filium ff. de in of. ff. 1. de leg. agn. success.  let us now consider whether the reasons that they propound be sufficient to cause us to alter our advice.  
8 First in all Successions it is a general rule, to call thereto the nearest to him whose state is in question, so that it is by privilege and extraordinary licence, that we admit the the Children of the deceased brother to share with their uncle in such goods only as will baare division. Which is the cause that our Doctor allegeth Butr. in his Tree of the succession of the Realm of France in these words. 
in sue pratict. rit. de success. feud number. 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, & jerusalem, quia ille erat in 7. gradu, nec successit Ludovicus nepos Beati Ludovici, quia ille erat dicto Carolo decedenti in quarto gradu. 
l. filio quem pater. ff. de injust. rup.  Therefore, sith otherwise the Uncle retaineth still the chief degree, the especial regard that justinian had to the posterity of the deceased brother, to make them equal with their Uncles, can not serve them in undivided matters, wherein can no room or place be found but for one, in which cause it is more meet to prefer nature, that is to say, the uncle, who naturally is nearest rather than the nephew, who can not be so accounted, but by the fiction of the emperors decree, & the unproper explication of the word proximus, 
l. 3. C. de legit. haered.  which is yet more odious, because it containeth alteration of the Law, whereby the nearer only is admitted to succession: and in the same cause the Emperor Decius speaking to the sister of the deceased, writeth, Unto thee rather, that art in the second degree, doth the inheritance belong, then to thy brother's children, who are in the third: Because also, in case of inheritance we admit rather the immediate 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 vain that the emperors Theodosius and Valentinean the third said, 
l. fi viva c. de bon. matem.  that in this case the children should not be made worse than the nephews, who are nearer than the elder brother's Son in both age and degree. Thus they should be thought more capable, so that in what so ever concerneth the nephew. 
l. commo dissimè ff. da lib. & Posth.  The cause of birthright ceasing, the effect also should be none: because a case by Law omitted, is to be adiudhed os omitted, otherwise this writer addeth a trim consequence, which importeth, that in the case now in question, the children of the late Lord Prince of Conde, being four in number, should divide with their uncle the said Lord of Bourbon and the King of Navarre their cousin, whereby the succession of the Realm of France should be divided into three parts or portions.  
The first heads of this Reason might be true, if we should consider the nephew only and in his own person, but in this action we regard him as substitute in the continuation of his late Father's right, and yet not by any extraordinary fiction or privilege whatsoever, as they say, but by the proper interpretation of the Law, and man's natural motion, whereby the father is said to live so long as the son remeyneth, and the senne is termed the natural portion of his father's body, so that it is no odious explication, but by our men is called an extensive interpretation by natural reason induced, which never was forbidden, but contrariwise have always justly been received in caces most stricely observed, and such as can not bear even the least alteration that may be. Consequently therefore, although before justinian's brother's children could not concur with their Uncle in collateral line, (because the ancients would not corrupt, but so little as might be the degrees of kindred,) yet this Prince considering that there is no greater reason to make this substitution and paternal continuation in direct ligue then in collateral, 
Novel. 118. ff. caeterùm.  also that nature of herself was each way alike, he did justly and natually in all sorts of successive lignes, continue the person of the father by the substitution and succession of his posterity: which hath also been imitated in feudal customs, 
c. ad audi entiam c. cum dilectus de cler. none resid.  as is aforesaid. So that to omit nothing, ex eo nec prior aetate, nec gradu propior patruus judicari poterit: quin & causam huius successionis in nepote conspicimus. The effect whereof should withal ensue, without thinking this case omitted, sith that by natural interpretation, an other like to the first doth follow: or rather to say the same which is considered of the father in the person of his son: whereof the second brother cannot complain, no more than he that hath promised or constituted some real servitude for the benefit of his neighbour's land, 
l. 1. ff. penult. ff. de aqua plu. arcend.  which afterward was obtained and fallen into the hands of many and divers heirs: of whom every one useth that whole service, so as if the manner thereby be over sore charged, yet as is the Lord of the serving manor compelled to suffer it, as being the nature of the thing. And marvelous unlearned is the consequence that our Attorney maketh, when he saith, because the King of Navarre will have like degree of proximity as his Uncle, therefore the children of the late Lord Prince of Conds might say as much: for it is evident to all men that the King of Navarre's reason hath no community with the pretence that this man imagineth of others, because the said Lord King of Navarre representeth the elder, and is substituted in his room & place, by virtue of which substitution he excludeth not his Cousins only, being children to the younger, but also the said Lord Cardinal, who had been more capable than they: whereby we are come to the rule, 
l. de a coes. sionibus ff. de chuers. & tem. praescrip.  If I overcome him that overcometh thee, much more shall I overcome thee, considering that the Realm and sovereign Lordship is not yet subject, judicio familiae Hercis. neither can brook the light of two Suns.  
9 Yet are we to annswer the deduction of james de Per. where he saith that the reason why Robert King of Sicill, jews Duke of Bourbon, and Robert Earl of Arthois succeeded not Charles the Fair King of France, but that Philip Earl of Valois, his Cousin germane, obtained it, was, because he was found to be in the fourth degree to the deceased King, and the Earl of Arthois in the 8. and the King of Sicill in the 7. But immediately he cutteth off himself again, when he confesseth that the Duke of Bourbon was also in the 4. and therefore by reason should as soon have succeeded, not that we must deny that the succession of the Crown of France, non deferatur proximiori agnato, but I say first, that we have more then sufficiently verified that the said Lord King of Navarre, is not ulterior gradu, than the said Lord Cardinal his Uncle, and that according to natural and civil reason. But I will moreover add in the example by this writer propounded, that the proximity of degrees was not the cause of the alleged judgement in favour of Phil. of Valois, but it was because certainly when once the succession of a Realm is entered one line and progeny, the rest of all that branch must fail before we may pass into an other, or inhable the same, how near soever it be. The reason is most evident, because sith the Kingdom is gotten to their kinsman, they all are accounted more capable than any other kindred, feudorum exemplo, wherein to them only, and to all those that are of the same line whereof the deceased was, the commodity doth appertain, and that is it that is said ad proximiores deferri, because these are accounted proximiores in respect of other lignes. These are the words of the text in feudal cases. 
〈…〉 50.  This was the reason why the King of Sicil, neither the Earl of Arthois could pretend nothing in the Crown of France, which once obtained to S. jews, excluded the line of the aforesaid, who descended of Robert Earl of Arthois, and of Charles the first King of Sicil, children to jews the 8. and brother to S. jews. Likewise jews Duke of Bourbon could not be admitted to make challenge to the same Realm, because he was son to Robert of France, the younger son of the said S. jews, whose succession was entered into the line of Philip the 3. surnamed the Bold, his eldest son, of whom came two sons, Philip the Fair, who was King by right of eldership, and Charles Earl of Valois, father to the said Philip, true successor to his Cousin Charles the Fair, son of Philip the Fair, who both were come of the branch of the said Philip the bold, eldest son to S. jews. The like observation fell out after the decease of Charles the 8. King of France, to whom succeeded jews the 12. son to Charles Duke of Orleans, & after him Frances the 1. son to Charles, & petty son to john Earl of Angolesme, both descended of jews Duke of Orleans, son to Charles the 5. surnamed the Wise, whose coming to the Crown procured his posterity to be by right preferred before all other the Princes of Bourbon, then being, and those of Alencon borne in direct masculine line of Sir Charles of France, youngest son to Charles of Valois, and brother to Philip of Valois King of France. 
.1. ff. proximus ff. un. cogn. l. cùm ita ff. fin. ff. de leg. 2.  The second consideration is, because by the law of the Realm, the nearest must succeed to the Crown: but be must be proximior at the time of deferring the inheritance, 
l. A●ethusa ff. de stat. hom.  and when the succession is open, as si familiae fidei commissum debeatur, high ad petitionem admittuntur, qui ex nomine defuncti fuerint, eo tempore quo testator moreretur, & qui ex his primo gradu procreati sunt: in which case he is called prior, whom none precedeth, 
l. 3. ff. ff de tracta ff. de nox. act. Bald. in l. 2. C. de iur. 〈◊〉 phiteut.  because prius and posterius do consist in the time, & that the quality (say our Masters) in a conjoined word must be expounded after the time of the word: namely, it we should otherwise mean, and would note eldership at the time of the birth, there must ensue an evitable inconvenience, which is, that the eldest dying, the second should never take his rovine, because he first included himself to the excluding of an other: which in this argument is utterly 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 quality of seniority bear any comparison between the elder deceased, and the younger surviving, whereof it followeth that the dead being unable, as not being in rerum natura, his some must have the like bar, as succeeding in the person of his father.  
All these gay reasons might take place and were to be considered if the son of the elder non esset in medio, neither were the discourse of the same any hindrance, for by him and in him pater primogenitus, censetur vivere tempore delatae successionis, and in troth, extante nepote, inclusio primogeniti continet exclusionem secundi, sith that filius fratris fratr● aequiparatur, & ita succedit atque pater si viveret, 
ff. caeterùm Novel. 118.  saith justinian: also this new constitution, facta in casu vero, extenditur ad alterum vero aequiparatum, after the opinion of Paul de Castro in his explication of Scevola, upon the Counsel of Gallus, together with many other skilful persons: so that the father is not quite extinct while his son liveth, 
l. cùm pater ff. haereditatem ff. de le. 2.  though by a new soul, he be a new man, neither saith Papinian in totum falsum videri, quod veritatis primordio adiwaretur. So that though the Uncle cannot be termed younger in respect of the elder deceased, who neither in himself, neither in any quality that we may suppose unto him, is any way to be regarded, yet when he shall behold his nephew, the successor, continuing and making a part of his late father, he shall find a fair argument, and object of comparison of the others seniority with his iunioritie. First, this principle is not always true, neither doth the ability or inability of the father perpetually take hold of the children. As for example, eius qui ante amissam patris dignitatem natus fuerit: Again, de liberis illius liberti, qui in servitutem redactus sit. To be brief, herein we may say as Alphons teacheth us: The father taketh not from the children those things that kind, Country, and nature giveth them, 
liqueritue l. de bon. ff bert.  as is the right of eldership, which is truly set in the person of the father, being elder of the house, but it is granted to him and his by the law, custom, and common order of the Realm: and therefore is transmissible to his children. Moreover, 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 incapacity, or inability of the father, might hurt the son afterward borne, but not him that were begotten before, to whom his father's calamity can be no detriment: so that the right of eldership being perfect, sound, and to the father obtained in his life time, is continued and transferred to his posterity.  
The third reason is, that the right which is not obtained, cannot in any whatsoever quality, be transported or transferred to any heir whatsoever: and therefore we do usually say that haereditas non adita, non transmittitur, as doth not also the age, which is inseparable from the person, and which being in question, we have no more respect to the successor then to his predecessor: now the right of eldership proceedeth of the years, 
l. ca quae C. de tem por. in integr. restir.  and precedent light of the deceased father, who nevertheless did never obtain the succession in his life time, 
l. si paterfam. ff. fin. ff. de dop. ff. mino ten de adopt.  as not being open, & so it followeth that the son of the elder can pretend nothing, neither could the father obtain to him the right of his years, wherein the son were more to be considered then the father deceased, as Constantine writeth, si minor minori successerit, ex illis persona restitutionis tompus connumerari.  
To this objection the answer is easy, because we have already showed that the right of eldership is perfectly obtained to the eldest so soon as he seethe the light of the world, and is made man, and the §. pro secundo which is alleged to the contrary, hath relation to that which presently is not obtained, neither in hope, but may be altered by the only changeable will, even until the death of him whose goods are in question. Therefore in this matter we argue not about the transmission, 
●iraquell. in tract. primogenial number. 109.  or transferring of the life and years of the elder deceased into the person of his son, but only of the right and pre-eminence that his seniority hath brought him, which being in him is according to the former discourse continued in his posterity.  
The fourth objection is taken of the vulgar consideration observed in the common dispositions of every one, to call into the first degree their own children, and then their nephews after their degrees and order of nature, which is evident in the counsel of Gallus Aquilius, 
l. cum pater. ff. penult. ff. de leg. 2.  and more expressly in the answer of Papinian in two places, wherein he acknowledgeth, inter liberos ordine, gradu fidei commissi praescriptos, 
Paul. de Cast. concil. 164. Oldr. conc 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 nephew only in his own person and cause, but we have often said, that in deed in his own right: but by his father successively, he continueth 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 we know that the same degrees that are observed in tutele, are likewise kept in succession. But it hath been decreed of the son and nephew concurring together for the tutele of the father's libertine, the son only remaineth tutor, and not the nephew, son to the deceased brother the like therefore must be observed in matter concerning the successive right of the one and the other. In this argument the Doctors that make the objection, do not note, that the same was first advised, for the benefit of the nephew, ne oneri tutelae astringatur. Secondly, that the reason of tutele is particular for the wealth and benefit of the pupil, 
Pano●m. conc. 32 pas Paul. de Castr. & Panor. in Conci. supra alleg l. 1. C. de haered. tur.  to the end the eldest of those that are capable of the succession, may only be admitted his governor. Besides the quality of a tutor resembleth the procuration and pre-eminence which are not transmissible to the heirs of whatsoever condition they be: whereof proceedeth the reason, 
●. si libertus ff. 1. ff. de bon. li. bert.  whereby alio modo tenentur tutores, aliter ipsorum haeredes conveniri 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 julian writeth, si libertus intestato decesserit relictis patroni silio, & ex altero filio duobus ne potibus, nepotes non admittentur, quandiu filius esset, although it be otherwise in ingenuorum successione, because the right of patronage is mere personal, itaque non transmittitur, at verò in ingenuis: the natural affection of the father to the son, or of the Grandfather to the nephew hath caused this representation to be ever observed in the direct line, and afterward in the collateral, ex constitutione principum. And we also see that the goods of the deceased libertine, are parted by the number of heads among the patrons nephews, contrary to disposition of common right in free persons, whose under Children do distribute the succession of their Grandsire by stocks, 
l. cum 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 object, that the government of the said Lord Card. is more necessary to the realm, because he is of more years, and therefore better advised, more prudent and capable of public knowledge in the world. But this presumption sometime deceitful, taken of the years of the successor, must not be prejudicial unto the right obtained to a third, especially this third being capable of discretion and judgement as is the King of Navarre, who goeth now in the 33. year of his age: but also more particularly in the succession of this realm wherein, so far are we from preferring the eldest, that even ourselves do admit children in their Cradles and Infancy to be our lawful Kings, as appeareth by the History of Saint jews, who was consecrated ween he was but nine or ten years old: of john son to jews Hutin, borne after his father's decease, 
Puul. Aemil. in Ludon. 9 idem in Hut. idem in Carol. 8.  who lived but fifteen days, and died in his journey toward Rheims to be consecrated: of Charles the eight, who was crowned in his infancy, as also was the late Charles the 9 in our tyme. The like whereof have been very religiously observed in all successive Realms and kingdoms: In judea and Jerusalem, David, Solomon, Azarias, Manasses and Ios●as were anointed in their youth. Augustulus a young child was Emperor of the West, although in his nonage, whereof, saith Procopius, he was named Augustulus. Athalaricus was but eight years old when he succeeded in the Realm of the Goths, under the government of his mother Amasasiuntha: Baldatus being almost in his Cradle, was King of the Lombard's. Sapor was declared Monarch of Persia in his Mother's womb. Herodotus rehearseth the History of Aeropus King of Macedonia, who being in his swath, was carried in the Army against the Illirians, and presented to the Soldiers, who seeing him, were so embouldened, that they defied their enemies, and expelled them their country. To be brief: Agathius maketh mention of the ancient Law of our French men, whereby the children how young so ever, were called to their father's Realm.  
Their seventh objection is drawn out of a rescript of Pope Innocent the third, 
edicet ext●● devot.  wherein he threateneth Andrew, the second son of Bela the third King of Hungary, that if he fulfilled not his father's vow in going into the holy land, he would trasport his crown to his second brother: to which injunction the said Andrew obeyed very carefully, and after for beating the Sultan of Babylon, was surnamed Hierosolomitan. But touching our question, it doth not in the text appear that there was ever a nephew, son to Andrew's brother, that might resist or make head against the second brother: so that this decretal maketh nothing to the purpose, no more than the discourse of Pope Clement the fifth against the Emperor Henry of Luxembourg, 
c. lem. pastoralis de re jud.  in favour of Robert the second King of Sicily, whom usually they allege in the proof of their advice.  
The eight reason by our Doctor alleged, is taken of the rule of ancient right, 
l. 68 ff. de reg. jur.  whereby we ordinarily say, that where the condition of the person maketh place for the benefit, when the one faileth, the other also perisheth. But the age and particular forebirth gave this privilege to the late Antony of Bourbon King of Navarre: therefore his Son cannot have the like right, as, not having the said qualities: besides that, when the Law hath given any thing to the son, the same never passeth the words of the decree, as ordinarily we say, tutorem datum, ne potibus ordinatum non censeri.  
This reason containeth the same that the former: and so to be answered, that it were to true, if the person were the only cause of the privilege, as appeareth in the consulters' examples. But we have said before, that in our question we regard not so much the person of the elder, as the quality in him resident: whereby the right and cause of succession is to him obtained, which is not extinct with the person, sith now it cleaveth to his cause and goods, like as we say that it is the reason why restitutiones in integrum adolescentibus concessae haeredibus illorum competunt, quia laesionis occasione minoribus indulgentur, eademque ratione S. C. Vell●iani exceptio succcessoribus quique prodest. Item actionis funerariae privilegium haeredi, ac caeteris successoribus non denegatur, & tempus iudicatis datum haeredibus proficit: so that sith this quality of eldership hath perfected and obtained this right and cause of succeeding the deceased father, he shall seem to have transferred the right that he had in his goods to his son. Who also shall be capable of a more personal privilege of his father: for in truth by the order of law, if any thing resteth in actions, petitions, prosecutions, or law, it shall be numbered with the goods. 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 be amiss to say that the same right may be said to be comen to him, as in league Julia, that word pervenit Ulpian taketh for accipiendum. For notwithstanding succession should never fall or take effect in the person of the eldest, yet hath the law made him during his life possessor of successive possibility and quality: so that he hath obtained that right to himself both unweting and unawares, which proceeding of the authority and virtue of the law is transmissible: and as depending of the cause and matter, is to the son transferred, who is part and portion of his father's bowels, as we have sufficiently showed, and thereof it ensueth that the elder had not this in his own person only, but rather illud idem in persona ipsius residebat, 
l liberoaun ff. de ucrb. signif.  ab ea tamen diversum & seperatum, illudque idem est, acsi non filio, id est, certae personae lex ipsa detulerit, sed liberis. i. genero, & cognato primogenito datu●● fuerit, 
ff. fin. de satisd. apud instin.  which may stand for an answer to the text before alleged to the contrary, of him qui filio tutorem dederat ut nepoti dedisse non videatur.  
12 The last reason is taken out of the text of the custumary of the town of Paris, the head City of the Realm, whereby the universal Estate thereof should be ruled: Now by the same it is expressly inferred that the representation can take no place in collateral line, 
ff. placebat de legit. agn. success. Novel. 118. & 127.  except between the brother and the brother's son, in the partition of their deceased brother and uncles goods: neither hath our writer forgotten to say that it is the order of the Romans law contained in the ancient decrees of the Emperors, before the which in the old decemuirall law, there was no representation in collateral line.  
Hereupon we may allege reason of double difference, first in respect of the Civil law, which hath had no consideration at all of inheritance undivided, and not subject to partition among successors, as also it hath not respected seniority or innioritie of the heirs of the deceased, but being in like degree, hath equally acknowledged them in the succession to them fallen: whereupon it followeth, that sith contrary to our policy, moribus & ferè iure gentium omnium instituta, require these two qualities in the obtaining of a Realm, that is, that only one and he the nearest: but among those of equal degree, the first borne be preferred: The same law, and observation of birthright, might and ought therein to have perpetual place of representation, which it hath as is largely before discoursed: so that to argue between the qualities of civil and Roman inheritances, and ours both political and quite altered, there is, under correction, no purpose, reason, or appearance.  
The other reason shall concern the article of the customary of Paris, 
cap. 1. parag. praeterea ducatus de proh. feud. alu●n. ubi Bald.  which cannot be understood of the succession of the Realm, because therein the nearest successor to the Crown, is not therefore called heir of the King last deceased, (to cause in this controversy, the common rules of successors are to be observed) but the Realm belongeth to him in virtue of the common law thereof, whereby the next male of the blood Royal must succeed, not in quality & as owner of the goods of the last enjoyer of the Crown, 
Alexan conc. 〈◊〉 Bald 〈◊〉 digna ● deleg.  but by his birthright, although in troth, in whatsoever concerneth Commonwealth and commodity, he be bound to keep and observe the covenants and agreements of his predecessor, and therein only may he be accounted heir to the King whom he hath succeeded.  
These be the strongest reasons that those of the contrary opinion can allege, which also I have further augmented then our writer, lest it should seem to the learned Lawyers (to whom only in this last article I mean to speak) that I would omit or dissemble any thing that they could imagine against the truth, which by this means I think to have laid so open, for that every one may perceive it an easy matter to answer all their frivolous allegations, by the grounds of the knowledge of the laws, which both the one and the other would use. Wherefore there is no more for the Frenchmen to do, but when occasion shall fall out, to resolve upon the most certain and reasonable opinion for the said Lord King of Navarre, son to the elder brother, allowed by a great number of Doctors both Canon, and Civil, even by the two notable lights of the Law, Innocent for the Canon law, and Barthole for the Roman policy, who make no difficulty thereof, neither is the doubt dispersed over the Land to any other end, but to destroy both the one and the other, and so to give opportunity to a third, to become Lord of the Realm, under whom this Estate will never flourish, and the tyrant, the instrument of the devil, who durst enterprise the same, shall perish miserably with all such instruments as to that effect he may have used. Let therefore the perturbers of the peace of this Realm, if they be, I say not Christians, but even men, capable of natural reason, ponder, not the politic justice of the society of this civil life, but only the hazard wherein they shall at once plunge their memory, honour, wealth, life and soul: and they shall see, unless they will wilfully be blind, those men that shall most employ themselves in favour of the detestable conspiracy now discovered by all good Frenchmen, remain also overwhelmed in the greatest misery and ruin, which shall leave unto them more affliction without comparison, then to the veriest clowns and poorest peasants in the country, over whose bellies they shall so often have marched: because at the least, the life, peace of conscience, and divine vengeance, shall stay in favour of these: when the others may assure themselves of the loss of the love of God, the light of the world, and their good fame with the posterity, for having tainted their hands in the blood of their Kings, Princes, and fellow countrymen, and for evil entreating them, and assisting the Tyrants, tormentors of their consciences, and abusers of the honours that they have received of our Kings, and the Princes of the blood of the house of France. Let them mark the miserable end of Absalon, and Achitophel his counsellor, against the Majesty of David: of Adonias, Athalia, and infinite others, who with their conspiraties have died in confusion and misery. Oh noble Frenchmen, will you abide in the world, I will not say to look upon, but which is more, to hasten and advance the cursed drift of the translation of the sceptre of the Flowerdeluce, out of the hands of your King, and the Princes of his house, to whom only you do owe your condition, your wealth, and your very life, not in courtesy, and honesty only, but by God's express commandment, who hath therewith burdened your consciences? Will you more then villainously forego that great commendation which all nations in the world have so greatly commended and honoured in you, for being more faithful and jealous of the hononr and service of your Kings, and Princes of their blood, than any nation that ever was upon the face of the earth? Will you stand as instruments, and offer the ladder to those that wrongfully would make themselves Kings, and cause you to commit the most abominable felony that ever was conspired? Do you not plainly see that those who do solicit you, are not able to uphold you, as having no other means then such as your enemies minister unto them, to whom both you and they shall serve for pasture the next day after? Is it not most certain that they cannot pretend, sith God hath given us a King, (I will speak without s●atterie, as wanting the honour to be known of his Majesty,) of whom the least of them can not say the pertinent occasion of his discontentment? but yet, when GOD shall have wrought his will upon him, are ye not certain who ought to be his successor? Live you not under a Christian Monarchy, that hath laws established for that purpose? Would you live to be called corrupters, and perturbers of the foundations of the Crown, under the which, and by the succession whereof your fathers have obtained and left unto you the name, honour, and title of Nobility, which ye bear? What ween you the curious posterity may think of you, when they find it written that the French Nobility took Arms against their King, to name unto him a successor, and under the pretence thereof to deprive him of all authority, respect, & honour unto him due, even by him that should succeed him according to the Salic law, who with this declaration should still be assisted by these firebrands of this time, to the end to make him withstand and eclipse the bright sun of his Majesty? What opinion would you wish Christian Princes to conceive of your fidelity, when they shall know that without regard of your bond to this Crown, you shall have assisted the enemies thereof against your King and the Laws of the Realm? Would you your King should have occasion of ielouzy against him whom they pretend to cause to be nominated, who also by such as shall have advanced him, might be persuaded to lift his horns over high, and so to become a censor over his Lord? To be brief, I tell you the world could never bear two suns. What greater recompense may ye hope for of strangers that you know not, then of your natural Princes whom God by his holy will hath established over you? Is it not felicity enough for you to be borne men? to be made Christians? to have been brought up Frenchmen? See ye not well enough, that the Lord Cardinal of Bourbon is but the vizard and pretence to run into arms for the glutting of their ambition? there is great zeal and likelihood in their deeds, when they would name a successor above 60. years old, broken and crooked, to succeed a young King, healthy, lusty, moderate in his exercizes and manner of diet: yea, and all this contrary to justice and the laws, not only of this Realm, but also of all other the best ordered Estates that ever were, whereby together with infinite reasons I have showed you, that it is the King of Navarre to whom the same should appertain. Shall I with Cicero speaking of Cesar and Pompey, tell you all? They here offer unto us the Image of the Lord Cardinal of Bourbon, but would set up their own: They will with that good man arm themselves, and become more Kings than he, whom they make show to love more than any other, and yet do they love themselves better, even to the prejudice of your honour, life, memory, and reputation, if ye take not heed: so that God will undoubtedly suffer them to be swallowed up, when they have been the occasions of infinite murders, robberies, and spoils. For the letting whereof, as also of all other mishap, or destruction, that we attend of such civil wars, as under this contention are brewed, let us withdraw ourselves to God, and most humbly beseech him to order our hearts in one consent according to his holy will, to the end, according thereunto we may acknowledge and embrace our King, who is the same to whom next after God we own all, and after the divine power ought to be unto us above all. Let us also weet, that next unto him we are bound to have respect unto him, whom it hath pleased God to cause to be borne into the world to govern us in the Royal dignity, whensoever it should please him to call away our king without issue capable of the Crown: and together with him, whom for us he hath elected and blessed in his mother's womb, let us with one heart and mind cry, peace, peace, be among us, glory to the Lord on high, and peace and good will unto men. Amen.   
FINIS.