Timar, which is to say in their language, the Vse and profit, deriued as I suppose of the Greeke word
Timar signifying with them the honourable vse and profit,
which is the true nature of Fee, to bee free from all tribute or base charges.
And for this cause the vassall in the auntient law of the Lombards, is called
Leude, which is to say, franke and free: Aldius and Alda, affranchised,
from whence the words Alaudium and Laudimia are deriued, signifying the honourable rewards woont to be
giuen to the lord of the fee, taking the oath of fealty of his vassall. But
hauing thus much said for the explanation of these words, let vs proceed
We have said here before, him to be an absolute soueraigne, who next vnto almightie God, is subiect unto none: neither holdeth any thing next unto God, but of his owne sword: For if he be enforced to serue any man, or to obey any mans commaund (be it by his owne good liking, or against his will) or if he hold of another man, he looseth the title of maiestie, and is no more a soueraigne, as saith a certaine Poet:
If they then which hold in fealtie and homage have no maiestie or soueraigntie,
there should be but few soueraigne princes to be found. And if were graunt that
they which hold in fealtie and homage, or that are tributaries, be soueraignes,
wee must by the same reason confesse, the vassall and his lord, the master and
the seruant, to be equal in greatnes, power, and authoritie. And yet the
doctors of the law hold that the dukes of Milan, Mantua, Ferrara, and Sauoy,
yea euen and some Counties also are soueraignes:
Wee said before in the Chapter of Patronage (which we otherwise call
Protection) that princes which are in protection, if they have no other
subiection, hold yet their maiestie and soueraigntie, although they have enred
into inequal alliance, whereby they are bound to acknowledge their protectors
in all honour. But there is great difference betwixt them which are in simple
protection onely, and them which hold
Which that it may be the better vnderstood, we will make nine degrees of
inferiours,M,
Charles du Molin hath both thought and writ) but the subiect whatsoeuer
is alwaies and in all places bound to give his oath, and so oft as it shal
please his soueraigne prince to require it: yea although he were a bishop
without any temporalitie at all. As for the liege man, it is not requisite that
he should bee subiect unto the lord of whom he holdeth: for it may be, that he
may be a soueraigne prince, holding some seignorie of another prince in liege,
fealtie and homage: it may also be, that he may be the naturall subiect of one
prince, and liege man to another, by reason of his
We find that the kings of England have giuen their liege faith and homage vnto
the kings of Fraunce for all the countries which they hold on this side the
sea, except the counties of Oye and Guynes: And yet neuerthelesse they held the
kingdomes of England and Ireland in soueraigntie without acknowledgement of any
other prince whatsoeuer. But after in the yeare 1212 they made themselves
vassals unto the Pope Ine king of England,
in the yeare 740, & augmented by Etelpe, which they
called S. Peters pence. For it is found, that Iohn king of England, by the consent of all the counties,
barrons and lords of the land, made himselfe vassall unto the pope and church
of Rome, and vowed to hold the realmes of England and Ireland of him in fealtie
and homage, with the charge to pay the yearely rent and reuenew of a thousand
markes for euer, upon Michaelmas day, beside the Peter pence, which I have spoken of: & gaue his faith
and homage unto the legat of pope Innocent the third, in
the yeare 1213, in the presence of his chauncelor, the archbishop of
Canterburie, foure bishops, sixe counties, and many other great
lords.Sir Thomas More, chauncelour of England, was the
first that maintained the contrarie: yet so it is, that in the same time, and
vntill that king Henrie the eight reuolted from the
pope, in the yeare 1534, the yearely reuenew and tribute was alwaies paied. But
that is worth the noting, that the act of fealtie and homage, giuen unto pope
Innocent the the third, importeth that Iohn then king of England, humbly requested forgiuenesse
of his sinnes of the popes legat. Whereby it is plaine, that patronage of the
bishop of Rome to have bene by him sought for, to extenuat the horrible murder
which he had cruelly committed upon the person of young Arthure his brothers sonne, duke of Britaine, and
lawfull successour to the crowne of England; least otherwise he should haue
bene therfore excommunicated by the pope. Whereas Philip
Augustus, king of Fraunce, for the same cause had confiscated the
duchies of Normandie, Guyenne, Aniou, Touraine, le Maine, & all the
countries whereunto he pretended any right, on this side the sea: which the
kings of England held by fealtie and liege homage of the king of Fraunce; and
yet had the chiefe soueraigntieConstantine king of the Scots, with the rest of the nobilitie of that
country, did fealtie and homage to Adelstan
Baliol king of Scots did fealtie and homage also to the M. Danzai,
ambassador for the king in Denmarke. Howbeit the kings of Scotland which
raigned after Baliol, renounced their homage unto the
English, neither acknowledging them for their superiours, or yet to be vnto
them vassals. And albeit that Dauid king of Scots did
what he could with his subiects to consent that the kingdome of Scotland might
bee holden Edward the third his brother in law, and him, it
was agreed, that he should be set at libertie, without any more obtained from
his estates but that he should live in amitie and friendship with him. As for
the realme of Ireland, it is not long since it receiued the English government,
excepting yet the earle of Argueil, who seemed alwayes to keepe the state of
soueraigntie.
So might we say also of the king of Denmarke, who is a soueraigne prince in
partCanutus duke of Denmarke
yeelded fealtie and homage unto the emperour Lothaire,
and afterward to the emperour Frederike the fift: who
first of all sent unto Peter duke of Denmarke the sword
and the crowne, and honoured him with royall dignitie; yet with condition, That
hee should for euer yeeld unto the emperour fealtie and homage: howbeit that
his posteritie afterwards reuolted from the empire. And yet neuerthelesse these
whome I have named, beeing no subiects, neither acknowledging the greatnes of
any prince, but in respect of the feesIohn de Montfort, and Peter, dukes of Britaigne would neuer yeeld their fealtie
unto the French kings without exception, as their liege men for the dukedome of
Britaigne: about which matter the chauncelors of Fraunce and Britaigne were
twice at debate before the kings, Charles the fift, and
Charles the sixt. And albeit that these two kings
caused two acts to be produced, concerning the fealtie and homage done by the
dukes of Britaigne, to Philip the victorious and Lewes the eight: yet for all that, the dukes would not
doe their homage as liege men, but were receiued doing their simple homage
onely. True it is, that the liege Lewes the eight, was not but for the life of him that did
it, as appeared Arthure, was not pure and simple, but onely conditionall; as to be
restored by Philip the victorious, unto the territories
and segnories from which he was embarred; which he did not. Now such is the
force and nature of true and lawfull acts, as not to admit any time or
condition, and the act of fealtie and homage of all other acts the least. But
the end of the controuersie was, that the simple oath of Iohn and Peter should bee taken, least they
should seeme to bee the liege vassals of the French: although both those dukes
ought of right to have bene depriued of the fee of the dukedome of Britaigne,
for that they had renounced the French king their lawfull patron. Neither
isGregorie bishop of Tours) and being
reuolted, were subdued by Charlemaigne, and afterwards
by Lewes the deuout, to whome they did homage, and
yeelded all obeysance with hostages; as a man may see in the histories of Floard and Girald, whome some call
Vitald, the nephew of Charlemaigne. And againe for another rebellion against Charles the Bauld, in the yeare 1359, they were accused
unto the estates, of treason, & so condemned and executed: which could not
have taken place but against the naturall subiect, for treason against his
soueraigne prince. And after that Herispo countie of
Britaigne, doing his fealtie, and with a great summe of money giuen appeased
Charles the Bauld: as had also before him duke Iudicael pleased Dagobert. Neither
is it true, or Clodoueus, who had bounded the kingdome of Fraunce with
the Pyrenei Mountaines, both the seas, and the riuer of Rheine; or Charlemaigne that had in many places vanquished infinit
numbers of the barbarous nations, and had subdued Spaine, Italie, Hungarie,
Germanie, the Saxons, them of Pomerland, the Polonians, and Russians, and had
extended his empire euen as faire as Scithia, would have receiued the dukes of
Britaigne, euen in the bowels of Fraunce, as companions of the French empire.
And admit that by the favour of any the French kings, they obtained respite of
homage, that could not be preiudicial unto the kings their successors, and much
lesse unto the crowne of Fraunce. And that more is, in the treaties betwixt the
kings of Fraunce, and the first dukes of Normandie, it is expresly set downe,
That the Peter de
Dreux prince of the blood, surnamed Maucler, had
acquited the soueraigntie of Britaigne unto the kings of Fraunce, seeing that
hee was vassall and naturall subiect unto the king: and yet neuerthelesse, in
yeelding the homage,Argentraeus otherwise thinke. Yet is it worth the noting
that Iohn Montfort and his successors, although they
went about to have rent the dukedome of Britaigne from the kingdome of Fraunce,
yet as counties of Montfort and Virtus to have alwaies yeelded
There is then great difference betwixt him which holdeth simply in fealtie and
homage (being himselfe no soueraigne, nor subiect unto him which is lord of the
fee) and him which is soueraigne of a countrey, and yet vassall to some other
lord for some fee; as of him which is in protection onely, or which is
tributarie unto a prince, hauing soueraigntie over his subiects, or which is
himselfe a naturall subiect. WherforeSeruice, in all matter of fees, and customes, is not preiudiciall vnto
the naturall libertie of the vassall; yet so it is, that it importeth a
certaine right, dutie, honor and reuerence that the vassall oweth unto the lord
of the fee: which is not indeed a seruitude reall, but is annexed and
inseperable from the person of the vassall, who cannot be therefrom freed, but
by quitting his fee: prouided yet, that hee bee no naturall subiect of the
lords of the fee, from whome he cannot discharge himselfe by renouncing his
fee.
Now when I say, that homage and personall seruice is inseperable from the
vassall;Lewes Sfortia, gouernour of Lombardie, sent his Agent
into Fraunce, to king Charles the eight, to haue
obtained of him that his nephew the duke of Milan might by him be receiued to
do his homage by his deputie for the duchie of Genes: whereunto the king would
not condescend. And when question was made of taking of fealtie and homage of
the marques of Salusse, the court of Paris decreed, That his deputie shuld be
admitted in his name, if the king so thought it good; for that the marques
pretended himselfe to be sicke: yet with that condition, that so soone as he
was able he should come and doe it himselfe in person. The same hath also bene
oft times iudged in such like cases. But contrariwise the lord of the fee
Lewes the xj, who by Philip
Commines his ambassador receiued fealtie & homage of the mother of
young Galeas duke of Milan, for the duchie of Genes, the
duke her sonne being under age, and paying fiftie thousand ducats for reliefe.
And for the same cause in the treatie made betwixt Lewes
the eleuenth, and Maximilian archduke of Austria, in the
yeare 1482, in the 56 article it was expresly set downe, That the subiects on
both parts should be receiued to do their homage by their atturneies, which
otherwise Philip the faire the French king, and Henrie king of England, in the yeare 1303, That the king of England
should himselfe in persom come to do his fealtie and homage without exception,
if he were not otherwise letted by sicknesse without deceit: in which case Philip Valois, and king Edward the third, it was also said, That the king of
England should in person come to doe his fealtie and homage, if he were not
without fraud by sicknesse letted; which ceasing, hee should then also come.
And by the treatie of peace, made in the yeare 1259, betwixt Lewes the ninth the French king, and Henrie the
second, king of England, it is expresly declared, That the king of England
should in person himself yeeld his fealtie & liege homage unto the French
king. Which liege homage (as they tearme it) is of that force, as that the
person of no prince, pope, or emperour, is therein excepted. Now the forme of
the homage declared by the treatie, in the yeare 1331, betwixt Philip Valois the French king, and Edward the third, is this: The king of England hauing his hands
ioyned, and put Thou shalt become a liege man to the king of
Fraunce, who here is, as duke of Guyenne, and peere of Fraunce, countie of
Poitou, and Monstrueil, and shalt promise to beare unto him faith and
loyaltie: Whereunto the king of England shall say, I
consent thereunto: Then the king of Fraunce shall receiue the king of
England into his fealtie with a kisse. But the oath of Charles the king of Nauarre was more religious, when he yeelded his
fealtie unto Charls the fift, the French king, in the
yeare 1370: for that he was not onely the French kings vassall, but his subiect
also, unto whome hee promised his faith and loialtie towardes and against all
men, which could live or die: albeit that he was then soueraigne king of
Nauarre, and pretended Iohn de Montfort, Arthure the second, and
Peter the second, dukes of Britaigne, is like,
excepting the word Liege man. But for vassals which be
also subiects, the forme of fealtie is more religious & precise, for that
they are bound with a double bond, whereas the forren vassals are not so. For
the king of England, Edward the third being come to
Amiens to doe his homage unto the king of Fraunce, refused to ioyne his hands
betwixt the hands of the king, and so returned into his kingdome, where it was
sixe moneths debated betwixt the French kings commissioners, and the assembly
of the estares, about the resolution for the forme of the homage: in fine, king
Edward thought it better to follow the prescript
forme, than to loose so many Philip the Victorious, the French king, in the yeare 1209. Yet some
vse another custome.
Shall we then say, a Vassall (that is to say another mans man) although he at
homeLewis the eleuenth, ten times so much as his
principalitie was worth, which stood him in more than hee receiued profit
thereby: And for the same cause Edward the third, king
of England, in the first article of the treatie of Bretigni expresly excepted,
that all royalties should be giuen unto himselfe in those countries which he
had by inheritance in Fraunce; least he should for them have beene enforced to
have yeelded fealtie and homage unto the French kings. Neither for any other
cause did Stephen, Vayuod of Valachia, reuolt from the
kings of Polonia, but for that the king of Polonia had caused his tent to be
cast wide open at the same very instant that the Calisthenes the nephew
of Aristotle chose rather to loose his life, than after
the Persian guise, in humble and deuout manner upon his knees to honour Alexander the Great: albeit that Alexander courteously tooke them up with a kisse that so honoured him.
Which was also an vsuall thing with the Romane emperours, when they gaue vnto
the kings that were in their protection, their scepters and diademes. For so
Tiridates king of Armenia being come to Rome, humbled
himselfe upon his knee before the emperour Nero, whom
Nero taking by the hand, lift him up, kissed him, and
taking his turbant from off Adherball king of Numidia tearmed himselfe
nothing but the steward of the people of Rome. And Eumenes king of Pergame after the discomfiture and death of Mithridates king of PontusPrusias king of Bithynia as oft as he went into the Senate, commonly
kissed the threshold of the gate, calling himselfe Solyman the
Turkish king was about to have restored Iohn king of
Hungarie into his kingdome in the yeare 1555, with condition to have holden the
same of him in fealtie and homage, without other subiection (as he by a Chiaus
his embassadour, certified Sigismundus Augustus king of
Polonia) if king Ferdinand, who pretended the kingdome
Sanislaus Rosdrazeroski, a Polonian, written to Anne Mommorancie constable of Fraunce the same yeare
1555. And for this cause Francis the French king to
hinder that Charlet of Austria should not bee chosen
emperour, declared unto the princes, Electors of the Empire, that the maiestie
of the Empire should be much debased, if they should of his vassall make their
head and Emperour: wherewith the emperour not a little moued, and afterwards at
the battell of Pa
But it seemeth that it is not enough to say, that Charles of Austria was vassall unto the crowne of Fraunce, but that he
was thereunto a liegeman also; and not onely aCharles, and the cities upon the sea
coast to have bene excepted. For the earles of Flaunders were alwaies accounted
peers of Fraunce, euen from the first beginning of that kingdome: and the
soueraigne roialties thereof, alwaies before reserued unto the same, but
especiallie at the solemne treatie of Arras betwixt Charles the seuenth and Philip the second duke
of Burgundie. Also Charles the fift beeing chosen
Francis the French king, that hee might leuie of his subiects the
subsidie graunted him at Arras, in the yeare 1520; whereunto the kings aunswere
was, That he would therein do what he might, without diminishing in any thing
the right of his crowne: as I have seene by the instructions giuen to M. De la Roche-Gaucourt at such time as hee was sent
ambassadour into Spaine. Although that greater causes might have beene
alleaged, which might have stayed German princes from the election of Charles the fift. For Charles of
Austria was as thenArnold the last of that name, countie of Burgundie, gaue it with the
other countries to the emperor Conrade the second, in
the yeare 1205, and after that, the emperour Charles the
fourth gaue it to Charles the sixt, the Dolphin, by
fealtie and homage, as appeareth by the inuestiture thereof in the treasure of
Fraunce, the copie whereof we have out of the records. But at such time as he
professedVrban the fift, therin inuested Charles of France brother unto king Lewes. And in the inuestiture of that kingdome, made by Innocent the fourth, unto Edmond
the sonne of Henrie king of England, in the yeare 1255,
the copie whereof we have written out of the Vatican records, are these words,
Ego Henricus, Dei gratia Rex Angliae, nomine Edmundi filij
nostri Regis Siciliae, plenum & ligeum vassallagium facio ecclesiae
Romana. viz. I Henrie, by the grace of God king
of England, in the name of Edmund our sonne, king of
Sicilie, yeeld full and liege homage unto the church of Rome, &c. And in
the act of fealtie and liege homage giuen Robert king of Sicilie, in the 1338, he by oath
promised neuer to receiue the imperiall crowne, neither the dukedome of Milan,
nor any seignorie whatsoeuer in Tuscanie, upon paine of the losse of all such
right as he might pretend unto the kingdomes of Naples and Sicilie. The like is
also found giuen by Charles king of Naples, in the yeare
1295: and by queene Ione in the yeare 1348, as I haue
read in the register of the Vatican. And for this onely cause pope Iulius the second refused to inuest Ferdinand king of Arragon, Charles the fift the
emperours grandfather by the mothers side, in the kingdome of Naples, but upon
the conditions I have aforesaid: and a yearely Alphonsus king of
Naples, at the denuntiation of pope Sextus, made warre
upon the state of Florence, for that they had hanged the Cardinall of Pisa, the
popes Legat a latere in his pontificalibus. And in our
time pope Paulus the third by his Ambassadour Alexander Farnesius, summoned the emperour Charles the fift, being then with a great armie in
France, to make peace with the French king, so with their vnited forces to make
warre upon the Protestant princes, as was Charles, wherewith he was like to have subdued most
part of Europe, had hee not bene letted by the armes and power of the French.
And albeit that in the yeare 1528, by the treatie made betwixt pope Clement the vij and his Cardinals, besieged in the castle
S. Angelo on the one side, and the emperour Charles the fift on the other, it was set downe, That
the kings of Naples should for euer be acquited of the yerely rent of 8000▪
ounces of gold, and of all the arearages, which amounted unto great summes: yet
so it was, that all the rest of the pointes of the auntient inuestiture, still
stood in their former force and vertue. But euer since, the German emperours
have well knowne, and the pope better, (seeing Rome sacked, and himselfe put to
ransome of 400000 duckets, after he had released the fairest rights of S. Peters demaine) what daunger it was to make choice of the
vassall of a soueraigne prince, and the natural subiect of another, to be head
of the Empire: For with the forces of Germanie he brought downe the pope, and
with the popes power hee ruinated the princes of Germanie. And albeit that by
the imperiall title hee held the duchies of Pius the fift by his Legats sharply rebuked the emperour Ferdinand, for that he had not of him receiued the
imperiall crowne, which his brother Charles had not
before doubted so to receiue; and had by excommunication compelled him so to
doe, had hee not by the intreatie of king Philip his
kinsman, and of the French king, otherwise appeased.
But heresome man will say, How could it be that the emperor Charls the fift, should
I here vnderstand the liege homage properly as it is to bee vnderstood in the
lawes of Fees; for that our auncestors have abused this word Liege, in all their auntient treaties of alliance and oathes that they
made: I remember that I have seene 48 treaties of alliance, which our kings Philip the v, and Charles the v.
vj. vij. and Lewes the xj, made with the three electors
on this side the Rhine, and diuers other the princes of the empire, wherein
they by oath sworne betwixt the hands of the kings deputies, solemnly
Ego deuenio vassallus ligius
Caroli Regis Francorum, pro ratione quinquaginta millium
scutorum auri, ante festum D. Rhemigij mihi soluendorum, &c. viz. I
become liege vassall of Charles the French king, for the
summe of fiftie thousand crownes of gold, to be paid unto mee before the feast
of S. Rhemigius, &c. This oath bore date in Iune, in
the yeare 1401. Yea, euen betwixt kings themselves leagues were oftentimes
conceiued in such words, as that the one of them professed himselfe to be the
others vassall. As in the league made betwixt Philip of
Valois the French king, and Alphonsus king of Castile,
in the yeare 1336, it is said, That they should giue and
receiue fealtie and homage the one of the other: which proceeding but
of the ignorance of their ambassadours, is now better vnderstood, as but an
abuse of the words Vassall and Liege: the oathes also of the kings pentioners,
Wherefore againe to returne from whence we have a little digressed. I say
then,Charls the fift could not yeeld his liege fealtie and homage unto the
pope without exception, considering that he was liege man, peere, and naturall
subiect unto the French king, and that the seruice and homage is inseparable
from the person. And admit he were not the kings subiect, but his liege man, or
not his liege man but his vassall onely; yet so it is, that in tearmes of right
the liege homage is due unto the most auntient, and that the vassall ought to
serue his most auntient Lord. But if the lords be equall, and yet at variance
amongst themselves for the seruice, hee oweth aid neither to the one nor to the
other: For that in matter of seruices or seruitude, the
But most certaine it is, that the naturall subiect ought alwayes to preferte
his naturall Lewes the eleuenth, and of Philip the second,
duke of Burgundie, made for the order of Fraunce, the xiij article, and for the
order of the golden Fleece, the ix article, it is set downe, That the knights
of what prince soeuer it be, ought to aid their naturall lord, whose liege men
they are, and the countrey wherein they were borne, against him that shall make
war upon them, without any blemish to their honour; prouided that their
naturall lord be there in person, and not otherwise, and that they signifie so
much unto the chiefe of the order whereof they are knights. Whereby it
appeareth that the emperour Charles the fift could not
giue his faith unto the electors of the empire, but with reseruation of his
fealtie unto the French king, and afterward unto the Pope. For beside the
kingdome Peter king of Arragon is set
downe in these words, Ego Petrus Dei gratia Rex Arragonum,
Comes Barcinonae, Dominus
Montispessulani, cupiens praeter Deum, principali beati
Petri, & Apostolicae sedis protectione muri,
tibi reuerendissime pater, & Domine summe Pontifex Innocēti, & pro
te, sacrosanctae Romanae Ecclesiae, & Apostolicae sedi, offero regnum
meum: illudque tibi pro remedio animae meae primogenitorum meorum constituo
censuale, vt annuatim de Camera Regis ducenta quinquaginta Massimitinae
Apostolicae sedi reddantur: & ego ac successores mei, specialiter &
fideles & obnoxi teneamur: hac autem lege perpetua seruandum forum
decerno, quia spero & confido, quod tu & successores
tui, quali beati, Petri manibus in regem duxeris solemniter coronandum.
Actum Romae anno Christi 1204. In English thus: I Peter by the grace of God king of Arragon, Countie of Barcelona, Lord
of Montpelier, desiring next unto God to be strengthened with the principall
protection of blessed S. Peter and the Apostolicall See;
do offer unto thee most reuerent father and high Lord, Pope Innocent, and for thee unto the most holy Church of Rome, and to the
Apostolicall See, my kingdome; and the same for the health of my soule and of
my predecessours, I make unto thee tributarie, so that out of the kings chamber
shall bee yerely paied unto the Apostolical See, two hundred & fifty
Massimitines, & that I and my successors shall be especially bound to be
(unto you) faithfull and subiect; and by Peter, to be solemnly crowned king. Enacted at Rome
in the yeare of Christ 1204. So that kingdome of Arragon was by the Arragonian
kings offered unto the Bishops of Rome, least they should for their enormities
and murders have bene well beaten. But the kingdomes of Sardinia and Corsica,
was by the popes giuen unto the kings of Arragon (as the popes guise is
bountifull to giue that is none of their owne) for which kingdome the Emperour
was also liege man unto the Pope, as I have scene by the inuestiture thereof
made unto Peter the third, king of Arragon, in this
sort, Pontifex Max de fratrum suorum ascensus,
dat in feudum regnum Sardiniae & Corsicae, proprietatē
ecclesi Romanae &c. Per capam
Auream te praesentialiter inuestimus, &c. Ita tamen quod
tu & successores tui, praestabitis homagium ligium, vassallagium plenum,
& fidelitatis iuramentum, &c. Et centū equites armatos, & vno
equo ad arma, & duobus equitaturis adminus per quēlibet, &
quintagentis peditibus terrae vestrae de Arragonia, cum gagijs per
trimestre, a die quo intrabūt terrā Ecclesiae, &c. Et in super censum
duorū milliū marcarū argenti bonorum, & legaliū strelingorū:
vbicun{que} fuerit Romanus Pontifex in festo▪ beatorus Petri & Pauli,
annis singulis, sub poena excommunicationis post quatuor menses, &c.
& post tertium terminum non solueris, tu haeredes{que} tui, a dicto
regno Sardiniae & Corsicae cadetis ex toto, & regnum ad Romanam
ecklesiam reuertetur. viz. The great bishop by the
assent of his bretheren, doth Peter and Paul, euerie yeare, upon paine of
excommunication after foure moneths, &c. and if after the third time thou
shalt not pay it, thou and thy Iames king of Aragon, did also like homage at Valence,
betwixt the hands of the popes legate, in the yeare 1353, with reseruation vnto
the pope of appeales, put in by the clergie, and abolishing of the lawes and
customes brought in by the kings of that country. I finde also that Ferdinand, and after him Alphonsus, kings of Aragon, did the like fealtie and homage in the
yeare 1455. And in the publike records of the court of Rome, are to be seene
the names of the vassall kings set downe in this order: the kings of Naples,
Sicilia, Aragon, Sardinia, Hierusalem, England, Ireland, and Hungary. And this
is the old description of such princes as 380 yeres ago, yeelded their
Henry of Benonia, taken from the Moores, the
kings thereof made themselves vassalls unto the bishop of Rome, and payd the
yearely tribute of two thousand duckats into the bishop of Rome his treasure.
And therefore Innocent the fourth, bishop of Rome, by
his letters admonished the princes of the kingdome of Portugall, to appoint
ouerseers to their prodigall king, who should also take upon them the
gouernement of the kingdome. And as for the Islands of the Canaries, Nigaries,
Gorgonides; the emperour holdeth them also of the
pope. We also reade, that Lewes king of Spaine, did
fealtie and homage unto the pope, in the yeare 1343, with charge to pay yearely
into the chamber of Rome, foure hundred florines of the Alexander the sixt, diuiding the new world betwixt the kinges of
Castile and Portugall, expresly kept unto himselfe the inheritance, the
iurisdiction and soueraignetie thereof, by consent of the two kings; who from
that time made themselves his vassalls, of all the purchases and conquests by
them already gained, and that they should from that time forward, gaine or
make, as the Spaniards themselves have written. In like manner pope Iulius the second, gaue unto Ferdinand king of Spaine, Charles the fift, his
grandfather by the mothers side, the kingdomes of Granado and Nauarre; when he had driuen the
Moores out of the one, and Peter D'Albret out of the
other, upon condition to hold them by fealty and homage of the Charles the fift, the emperor pretended right unto the kingdome of Nauarre, by reason of the donation to him made by Germaine D'Foix, second wife unto king Ferdinande: yet so it was, that his ambassadours and deputies, when
they came to the conference, seeing that their donation to want sure
foundation, doubted not to pretend the popes interdictions, as the surest stay
of their most vniust rapines. And the cause of the interdiction was, for that
Peter Albret, king of Nauarre,
would not at the command of pope Iulius the second,
breake faith and friendship with Lewes the xij, the
French king, who was first called father of his country, when as hee Lewes his liege vassall,
and no way bound unto the pope. So that there remained Charles the emperour held not by fealtie aud
homage, or whereof he could call himselfe a soueraigne. For as for the Islands
of Maiorca and Minorca, they were long time before reunited unto the kingdome
of Aragon, after that they were taken from the heires of Iames the Fortunate. And in the Low-countries, he had nothing which
was not of necessitie holden of the crowne of France, or of the empire. And
albeit that our princes have by diuers leagues, granted the principalitie of
Flanders and Artoise unto Charles the emperour, yet
remaineth there a country in Burgundie, which they call the countie of
Charrolois, the proprietie whereof belongeth unto the king of Spaine, but the
soueraignetie thereof unto the French king, and is by the king of Spaine holden
in fealty:Lewes the ix. of France, in the right of Blanch his mother: yea, and the nobilitie of Castile by
solemne acts, which are yet extant in the records of France, inuited king Lewes to have taken upon him his mothers kingdome.
Howbeit I doubt not, but that the Spaniards will reply, that Blanch, the daughter of Lewes the ix. married
the king of Castile, upon condition that all such right unto the kingdome, as
might have fallen unto her father, should now be giuen unto his sonne in law:
which thing Lewes could not doe unto the preiudice of
his successours; without the consent of the states: ioyning therevnto
Charles the fift and Henry
king of Castile, then driuen out of his kingdome, whereby I have seene, that
Henry promised as well for himselfe, as for his
successours, to become vassall, and to hold his kingdome of Castile, of the
kings of Fraunce: for that by the meanes of the king of France, he was againe
restored into his kingdome. Seeing then that the kingdome of Castile is
hereditarie descending unto the heires Henry are bound
unto his deedes and promises. True it is, that the promise of Henry had not power to preiudice his successours, neither the estates
of Castile, without the consent of whom, the treatie was made, if the realme of
Castile had not beene hereditarie. But of the kingdome of Fraunce, it is
otherwise to be thought and determined. And therefore it was by the wise
resolued, that Phillip the Faire, the French king, could
not make Arthur duke of Britaine, vassall unto the king
of England, without the dukes consent; except he would by the same right, giue
up his kingdome of France unto the king of England, which he could by no
soueraigne power doe, without the consent of the estates of France. For
otherwise, his yeelding of it up, should be to none effect or purpose, no more
then that of king Iohn
Chartres, whereby the king of England refused that right
giuen unto him by such yeelding up. The same is to be thought of the league of
Tricasse, wherein Charles the sixt, without the consent
of the states, yeelded the kingdome of France unto Henry
the fiMartine could by no request of the English, be perswaded
to ratifie that league, but called Charles the seauenth,
sonne to Charles the sixt,
But cannot the imperiall title (may some man haply say) make him a soueraigne
which is another mans vassall? As the prince or the people making a slaue a
magistrat seemeth thereby to have also enfranchised him; whereof there is no
doubt, if he be the princes or the peoples slaue; for otherwise it is not
lawfull either for the prince, or for the people, to dispose of another mans
seruant: so neither have the German princes any power over other mens citisens
or subiects, such as was Charles the fift. Ioyne
hereunto Wee command you,
&c. You shall do this, &c. which other princes do not toward
their own subiects: yea and that more is, that the princes electors carrie the
titles of Butlers, Esquiers, and Tasters to the emperour, yet the soueraigntie
of the empire resteth not in the person of the emperour, but in the assemblie
of the states of the empire, who are able to giue law unto the emperour, and to
euerie prince of the empire in particular, in such sort as that the emperour
hath not power to make any particular edict, neither peace nor warre, neither
to charge the subiects of the empire so much as with one impost, nor to call or
dismisse the diets of the empire, without the consent of the princes. And
Maximilian the first, at the diet of Constance, holden in
the yeare 1507, said unto the estates (the popes legat then vrging that the
imperiall crowne was both to be requested and receiued of the pope,) That to
take the imperiall crowne of the pope was but a needlesse ceremonie, seruing to
no purpose; considering that the imperiall authoritie and power depended of the
estates of the empire: which in due place we will more particularly
declare.
Whereby a man may easily iudge, that there are few or none absolute
soueraigneMaximilian the first, in lesse than xv, or xvj yeares space, drue
thence unto himselfe, aboue three hundred thousand pounds: For king Lewes the twelfth at one time paid therfore an hundred
thousand pounds: and the Sforces had it no better cheape. For they which are
now called dukes of Milan, in the remembrance of our auncestors, that is to say
about an hundred and fiftie yeares agoe, were called but lieutenants, and the
citie it selfe but the ordinarie chamber of the empire. And so namely Iohn Galeace the second, and Barnabas his brother, in the inuestiture which they had from the
emperour Charles the fourth, are simply called
lieutenants of the empire. And Galeace the first being
accused for charging Actius being by the emperour
Lewes of Bauyere put into his fathers place, for the
summe of an hundred thousand crownes, obtained of him the first title of a
prince, in the yeare 1338. And after that, Galeace the
third, father in law to Lewes duke of Orleans, payed
unto the emperour Fredericke the third, an hundred
thousand florines, for the honour and title of a duke, in the yeare one
thousand three hundred ninetie seuen.
As for the duke of Ferrara he confesseth euen at this present to hold part of
his seignorie,viz. in the yeare 1372, the
marques of Este was by pope Gregory first established
his lieutenant in the city of Ferrara, reseruing unto the church fealtie and
homage, iurisdiction and soueraigntie; with condition also, that he should
yearely pay ten thousand florens of gold into the chamber of S. Peter, and to find an hundred men at armes paied for
three monethes, for the defence of the Church of Rome, so often as need should
require, as I have learned out of the Vatican records. And as for Rhegium and
Modene, he acknowledgeth him to hold them of the empire:Iulius the second
maintained them to be the Church fees, and in that quarrell made warres upon
the Ferrariens and the French king, who gaue them aide: as also to have the
entire reuenue of the fee, beeing before diminished by pope Alexander the sixt, in marrying his base daughter Lucrece unto the duke Alphonsus. And true it
is, that the French kings long since tooke upon them the defence and patronage
of the prince of Ferrara, since the time that Borsus,
first duke of Ferrara, acknowledged himselfe liege vassall unto Charles the sixt, and therfore it was unto him permitted,
that those dukes of Ferrara might beare the armes of Fraunce, the publike acts
whereof yet remaine in the records of Fraunce.
As concerning the Florentines, they of long time have pretended libertie
against the Rodolphe. As also do the Genowayes, who as they say, were
by the same emperour enfranchised. HowCharles the sixt,
the French king: and not long after unto the duke of Milan, who receiued them
upon condition that they should therefore do fealtie and homage unto the French
kings.
In like case they of Luca paied unto the emperour Henrie
the fift, twelue thousand Florines to be enfranchised; Sienna ten thousand; And
Peter Gambecourt payed twelue thousand unto the
emperour Charles the fourth for the seignorie of
Pisa.
But these were not true alienations, nor exemptions from subiection; but rather
Maximilian, hauing thrust his
armie into Italie, with the power of king Lewes the xij,
and hauing brought a great feare upon all the cities of Italie, gaue them well
to vnderstand: At which time the Florentines sent their ambassadors unto him,
to yeeld unto him fealtie and homage for their estate, and to obtaine of him
the confirmation of their priueleges, which cost them fortie thousand ducats.
And albeit Cosmus
duke of Florence, by force of armes made himselfe lord of Sienna: yet so it
was, that he tooke the inuestiture therof, & yeelded therfore sealtie &
homage unto the king of Spaine, as perpetuall lieutenant of the empire. Which
is sufficient reason to show, that they of Sienna were not before enfranchised
or exempted from the empire; or if they were, why did then pope Iulius the second pay thirtie thousand ducats to Maximilian the emperour, to redeeme of him the libertie
of Sienna, to the intent to inuest therein Charles the fourth, granting the confirmation of the priuileges to
them of Perouze, ioyned thereunto this clause, Quoad vieret: So long as he should live. And yet for
all that pope Iulius the second tooke that towne from
the Baillions, and put it under the obeysance of the Church, from whence it was
said to have bene taken. And how could the cities of Italie, or duke of
Florence, have any absolute soueraigntie, seeing that for all differences and
controuersies concerning their estates, frontiers, demaines, and tenures, they
plead the same before the emperour, or at least wise in the imperiall chamber,
where their causes are decided, and they enforced Maximilian the
second, in the yeare 1559: and that they would receiue the emperour as an
arbitratour, and not as a judge or a superiour: yet so it was, that the
emperour taking upon him the authoritie of a iudge, caused them before warned,
to be summoned, and when that after many peremptorie edicts they made not their
appearance, he pronounced sentence against them, and by an herault at armes
threatned to proscribe the territorie of Genes if they obeyed not his censure.
Now most certaine it is, that there is none but the cities and townes which
hold of the empire, that can be proscribed by Maximilian unto the pope, they afterwards renouncing
their appeale, yeelded to the sentence, acknowledging the iurisdiction and
soueraigntie of the empire. And so at length the emperour gaue sentence for the
marques, acknowledging himselfe to be a vassal unto the German empire, whome
they of Genes would have had to have bene thiers. And since that the marques
D'la Forest, embassadour for the king, dated at
Vienna the xviij of Iuly, in the yeare 1560: which iudgement the emperour gaue
after he had seene the opinions of the lawyers of foure vniuersities. And not
long after they were by another sentence of the same emperours, giuen in the
moneth of Iuly, in the yeare one thousand five hundred sixtie foure, condemned
in a processe which they had against Anthonie Flisque,
by them banished, who ouerthrew them by an appeale made unto the emperour.
Frederick. And that the cities of Italie either had no right of
soueraintie at al, or else renounced the same, it is manifest by that league
which was made in the citie of Constance; for in that league among such
priueleges as are confirmed unto the cities of Italie, the rights of
soueraignty are expresly excepted. And therfore Alexander
Imolensis of all the lawyers of his time the most skilful, saith, A
certaine
Much lesse therefore may the imperiall townes and cities contained within
theFredericke the
first; Isne from Otho the third; Egre from Lewes of Bauyere: yea and some of them there were, which
not able longer to endure the hard bondage of their lords, princes of the
Rescindere nunquam Dijs licet acta Deûm.
It is not lawfull for the Gods the acts of Gods t'vndoe.
As for the Swissers Commonweals, we said before, them to have bene rent from
theFerdinand, to have the libertie of their priueleges unto them
confirmed: which is a certaine forme of auntient fealtie, and acknowledgement
that they hold their libertie of the empire. And albeit that some there be on
this side the Rhene, which vaunt themselves to have soueraigne power over their
subiects, yet must they needs be the subiects and vassals either of our kings,
or of the German empire. For there is no man which knoweth not (if he remember
the antiquitie of the French) that all the countrey of Loraine, and the realme
of Arles, after the death of the three children of Lothaire were divided betwixt the emperour Charles the Bauld of Fraunce, Lewes king of Germanie his brother. As Vitald, Floard,
and Lambert the best
And albeit that many thinke the duke of Loraine to be an absolute soueraigne,
byviz.
scarce the sixt part of the auntient duchie of Loraine (a prouince of the
German empire) which containeth all that countrey which lyeth betwixt the riuer
of the Maze and the Rhene. And therefore the dukes of Brabant, and the German
emperours, called themselves dukes of Loraine. So the emperour Charles the fourth, in the league which he made with Iohn the French king, calleth himselfe duke of Loraine.
But this countrey which now is called Loraine, is a part of the German empire
and the duke himselfe a vassall Stephen countie of Boulongne, was in that dukedome
inuested by the emperour Henrie the first, and for that
cause acknowledged himselfe a vassall of the empire, in the yeare 1019. And Frederick of Loraine countie of Vaudemont, duke Charles being dead without heire male, before Sigismund the emperour and the fathers assembled at
Constance, claimed that dukedome of right to belong unto him, as next of kin;
for that it was an imperiall fee, whereof Isabel duke
Charles his heire, who had married Renat duke of Aniou, was not (as he said) capable: which Renat denyed it not to be an imperiall fee, but shewed
many such imperiall fees to have descended unto the daughters. And afterward
the title comming to be tryed by the sword, Renat being
ouerthrowne and taken prisoner by Frederick, could not
be before delivered, vntill Yoland unto Anthonie the sonne of Frederick, with
condition, that if Renat died without heires male, the
duchie of Loraine should descend unto the heires of Frederick, & so unto the house of Vaudemont, as it is come to
passe.
Now if so it be that the dukedome of Loraine be an imperiall fee,
comprehendedLizet the kings
atturney,
As for the dukes of Sauoy, the Italian doctors with one common errour haue
holdenOsazque the
first president of Piemont writeth, That the dukes of Sauoy have obtained this
power of the emperors, which they could not have as lieutenants of the empire;
as Felinus the best interpretor of the law hath most
truly written. For what can be more contrarie unto soueraigne maiestie, than to
professe Henry the fiSigismund. And euident it is the dukes
alwayes heretofore, and not long since duke Charles
restored unto his countrey, to have yeelded fealtie and homage unto the
emperour: and two yeares after, viz. in the yeare 1561,
to have sent speciall letters of atturney unto the countie D'Arques chiefe chamberlaine to the emperour, to Ausburg,
seemed not unto him in sufficient good forme, as I have seene by the letters of
M. D'la Forèst, ambassadour for the king unto the
emperour. But an hard matter it was to make such a forme as should be unto him
good; for that it seemeth that the title or qualitie of a perpetuall
lieutenant, doth preiudice not only unto soueraigntie, but also unto the
qualitie of a feudatarie & proprietarie in those lands which he holdeth of
another man, if it bee not by a doubtfull or improper kind of speech.
Charles the
fourth made Charles the sixt Dauphin of Viennois,Claudius
mount) and the riuers Araris and Rhodanus, unto the Alpes, and the sea of
Genes; all which the imperials have alwaies pretended to be holden of the
empire. But the earles of Prouince have long since exempted themselves from the
German empire, amongst whome was Raymund the last, one
of whose daughters was married unto Lewes the ninth, the
French king, and the other unto Charles duke of Aniou,
by which meanes the countie of Prouence is come to the house of Aniou, &
from thence by the bountie of countie Renat, unto the
crowne of Fraunce. Albeit that Philip Valois
Henrie the fiLewes duke of
Burbon; either of the countie of Prouence, which was then in the house of
Aniou; either of the franke countie, which was giuen to Philip the hardie, by the emperour Charles the
fourth, in the yeare 1362, being deuolued to the empire for want of heires
male. And the sale of soueraigntie of the said kingdome of Arles, was made for
the summe of three hundred thousand markes of siluer, with promise to cause it
to be ratified by the princes of the empire, who afterwards consented
thereunto: of which their confirmation the emperour gaue Iohn king of Bohemia suretie, who sold also the towne of Luques vnto
the same king, for an hundred and fourescore thousand florines of gold, in the
yeare 1330. The contracts, ratifications, and quittances, are yet in the
treasurie of Fraunce to bee Charles the fourth
gaue to Philip duke of Burgundie to bee possessed in the
imperiall right, the issues male of the counties fayling. Whereby it is
manifest
And at the same time as it were the emperour Lewes of
Bauatia made Edward theCambray and the castles of Creueceur, and Payerne,
members of the empire: for that by the auntient leagues made betwixt the French
kings and the emperours, it was prouided, That they should not one Edward by
the imperiall princes allied with him, and then assembled in the towne of Hale:
which is a most certaine argument that the kings of Fraunce holdPhilip Valois, which I have here before
rehearsed, which beareth this clause: And the kings and
realmes of Fraunce shall continue in their priueleges, enfranchisments, and
liberties, that they have alwayes holden against the German empire,
whereunto they are in nothing subiect. Which was well giuen the
emperour Sigismund to vnderstand, at such time as he of
his imperiall power would have made the countie of Sauoy duke, in the towne of
Lyons▪ against Charles the sixt, to cover two notable errors that had bene before
committed: the one passing by sufferance, in that the emperour Sigismund being magnifically receiued at Paris, and as
beseemed the kings vncle, had place in a royall seat in full parliament; and
the other, that afterwards he was suffered to make Seneschal
D' Beaucaire knight; although the court had in this last point
admonished the king, that unto him onely it belonged to make knights in his
owne kingdome; as it had twice before bene solemnely iudged by two decrees
against the counties of Flaunders and Neuers. Which I have Alciat, who hath maintained, that theCharles the fift, who drew him to Pauie, and there doubled his
salarie: or els to the imitation of Bartholus, author of
that errour, who writ the same things of the French kings that Alciat did: at such time forsooth as he was by the
emperour Charles the fourth of a bastard not onely made
legitimat, and by him ennobled, but power also giuen him to take the benefit of
age to him and his, which should professe to teach the lawes, with armes also
answerable unto his dignitie and honour: viz. a Lyon
Azure in a field Argent.Antoninus Augustus, unto the law Rhodia;
I am (saith he) the lord of the
world, and law of the sea: which words seeing they were spoken but for
ostentation sake, and for the augmenting of his honour, lesse need to bee
refuted; seeing that the Roman empire when it was at the greatest, (which was
in the time ofTraian the emperour) contained scarce the thirtieth part
of the world, and that the German empire is not now the tenth part of the Roman
empire. And yet the emperour Sigismund sick of that incurable disease of ambition,
sought to have brought every Great Duke (whereby he
was called) although he had of himselfe shaken off the seruile yoke of the
Tartars, least in so doing hee might seeme to have attributed his power and
soueraigntie unto the Germans.
We see also that the Germaine Emperors have sent the royall Crownes vnto
theInnocent the fourth, against the king
of Portugall. And albe it that pope Innocent said, That
his meaning therein was not in any thing to preiudice the regall power, in
appointing such an ouerseer; yet did not his sayings at all agree Vrban
the fift also made no doubt, to make legitimate Henry
the bastard king of Castile, so to thrust out of his kingdom his brother Peter, borne in lawfull wedlocke: who thereupon, by the
power of the French, was not onely thrust out of his kingdom, but sBelluga a Spanish doctor, and
Oldrade the beautie of his time do also better
declare, saying that the French king neither in fact nor of right acknowledgeth
any prince of the world superiour unto himselfe.Gelasius, who hath written, That the pope hath power to
dispoyle all kings and princes of their soueraigntie and power. And some others
there be which have maintained, That appeales may be made from all people and
princes unto the pope, That there is none but the emperour and the pope which
can reuoke their owne decrees, and deptiue other kings and princes of their
soueraigntie and rule; That there is no prince but hee, unto whom the pope hath
confirmed his principalitie: And that which of all other is most absurd, Clement
V. P. M. doubted not to commaund the angels. Yea some there be that
have written, That so often as the pope shall put this clause to his rescripts,
De plenitudine potestatis, Of the fulnesse of our
power: so oft doth he therein derogat from the lawes of all princes. And albeit
that some have holden also, That we must rest upon that that the pope saith,
without farther enquire of the veritie therof; yet so it is neuerthelesse, that
Baldus hath written, That a man may say unto him, Salua reuerentia vestra, By your reuerences leaue. And
upon the maxime set downe by the canonists, That the pope can
do all: the diuines Claue non errante, The key not erring. And forasmuch as
it is every good subiects part to maintaine the greatnesse and maiestie of
their owne princes, I will not enter into the disputes of Iaques de Terranne the popes chamberlaine, nor of Capito, nor of M. Charles du Moulin, and
others, who have oftentimes ouershot themselves either of set purpose, or els
pressed with violent passions, have vnawares entred into matter of religion,
and so carried away either with loue or hatred of the pope, have filled their
writings with raylings. Whereas I here speake not but of temporall
soueraigntie, which is the subiect that I entreat of, (whereof they speake not)
to the end it may be vnderstood, who be absolute soueraigne princes; and
whether the other princes be subiect
For at the beginning, after that pope Gregorie (he which
first called himselfe the seruantPhocas emperour of Constantinople, the prerogative over all the
bishops; his successours after turning the spirituall power into the temporall,
by little and little still encreased their power, in so much that the princes
as wel for the fear they then had towards God, as for the dignitie of the
prelacie, began to reuerence them much more than in former times; but much more
after that the empire of the East began to decline, which was after that the
popes had by their interdictions forbidden the people of Italie their obedience
unto the Constantinopolitan emperours, or to pay them any tribute; upon
occasion taken, that Leo the emperour,Monomachus, or the Image breaker, and also Thomas the
emperor, had caused the images of Saints to be cast downe and broken: wherewith
the people moued, and enraged with the authoritie of the bishop of Rome, slew
Thomas in the temple of Saint Sophia. Wherefore the power of the Greeke empire being weakened in the
East, by the incursions of the Barbarians; and the Greeke emperors out of hope
againe to recover Italie; the kings of Lombardie then also doing what they
might to make themselves lords of all Italie, and the popes also on their parts
no lesse desirous to have therein a share, and finding themselves too weake to
make their partie good against the Lombard kings, uppon this difference cast
themselves into the protection of the kings of Fraunce, who then were the
greatest Monarches of Christendome; Pipin GrandeZacharie, part of the seignorie of Italie, who had before crowned him
king of Fraunce, forbidding the peeres and people of Fraunce to make choyce of
any other for their kings but of the house of Pipin,
hauing publikely pronounced king Childerike for his
sottishnesse to bee vnable for the government. Whereunto the people of Pipin then had the nobilitie and the Pipin had before solemnly promised, and giuen him letters
pattents thereof, That if hee should become victorious over the Lombards, he
should giue unto the Church of Rome the ExaPeters altar:
yet reseruing unto himselfe and his successours in the crowne of Fraunce, the
soueraigntie of both the prouinces; and that more is, power also to chuse the
popes. Whereunto the pope not onely willingly graunted, but almost persuaded
Pipin to take uppon him the name of an emperour:
which title none Pipin being dead, the Lombards
againe tooke up armes, to the great disquiet of the popes, who againe had
recourse unto the French kings, as unto a most sure sanctuarie. Whereupon Charles, Pipin his sonne (for his many and worthy
victories surnamed the Great) with a strong army passing
the Alpes, not onely ouerthrew the king of the Lombards, but euen their
kingdome also: and hauing surely established the power of the Roman bishops,
was by them called Emperour: and they againe by Charles
so long as he lived, all chosen bishops of Rome. But after the death of this
Charlemaigne, they which were of great credit in
Rome, caused themselves to be chosen pope by the clergie, whether it wereLewes the
Gentle, wherewith the French kings busied, lost the prerogative they had in
chusing of the chiefe Bishop. Yet Guitard, a good
antiquarie, who lived in the same time writeth, 3 popes successiuely to haue
come into France to excuse themselves to Lewes the
Gentle, That they had beene by the clergie of Rome constrained to accept of the
papal dignitie, beseeching him to confirme the same: which he either as a man
not desirous of glorie, or els fearing to prouoke the clergie (being then in
great authoritie) did: of which his error he afterwards though to late full
sore repented him; being by the colledge of cardinals constrained to yeeld up
his c
But after the death of this Lewes the Gentle (who was
emperour of Fraunce, of Germanie, and of the greater part of Italie, and
Spaine) the empire was divided into three kingdomes, which the brethren Charles the Bauld, Lothaire, and
Lewes, euerie one of them held in title of
soueraigntie, without acknowledging any superioritie of one another; and
againe, the kingdom of Lothaire was divided amongst his
children into three parts: unto one fell the kingdome of Loraine, unto another
the kingdome of Arles,Lewes holding Germanie, and Charls the emperour, Fraunce. So their divided power
began to decay, and the wealth of the bishops of Rome greatly to encrease: they
now succeeding one another by way of election, and in nothing acknowledging the
maiestie of the French kings, as they ought to have done: which came to passe
especially in the time of pope Nicholas the first,Lothaire the younger brother of Lewes king of Italie. But the children of Lothaire being afterwards dead without issue, those
three kingdomes which I spoke of,viz. of Loraine, Arles, and Italie, were divided betwixt
their vncles, Charles and Lewes.
Wherefore Lewes king of Germanie gouerned Italie, which
fell unto his part, by his lieutenants and deputies; whose power was not such
asto withstand the popes, but thatGuiscard the Norman had subdued the kingdome of Sicilie and Naples,
taken from the Greekes and Moores; who to weaken the power of the Germans, and
to raigne himselfe the more safely in Italie, ioyned hands against them with
the Bishops of Rome. But the posteritie of Guiscard
being dead without heires male, left the kingdome of Naples and Sicilie unto a
woman their heire; married unto the German emperor Frederick the second, who going into Italy, there to confirme his
Innocent the fourth, a man both
for his birth and learning famous; who driuen out of Italie, and comming into
Fraunce (the popes surest sanctuarie) and strengthened with the wealth and
power of Lewes the ix, the French king (whether it were
for reuerence of him the pope so solemnly by the cardinals chosen, or to weaken
the power of the Germans) excommunicated the emperour Frederick the second: who seeing himselfe thereby become odious vnto
all men, & himselfe like to be forsaken euen of his own subiects, &
great trobles arising also against him in Italy, fearefully returned into
Germany, hauing obtained absolution of pope Innocent, by
yeelding up his authoritie and power for any more Manfred, who was
also excommunicated by pope Vrban the fist: who not yet
so contented, called in Charles of France, duke of
Aniou, brother to king Lewes the ix, whome he inuested
in the aforesaid two realmes of Naples and Sicilie, reseruing unto the See of
Rome the countie of Beneuent; fealtie, homage, iurisdiction, and soueraigntie
for the rest; with a yearely and perpetual fee of eight thousand ounces of
gold, as we have before said. After which time the house of Arragon, which by
right of kindredManfred, being alwaies at oddes with the house of Aniou,
and so in continuall warres for these kingdomes of Naples and Sicilie; and
seeing it not possible for them to recover them so long as the pope was their
enemie, they
As for the citie of Rome, sometimes mistresse of the world, they brought it
vnderCharlemaigne hauing conquered Italie,
expresly commaunded that it should remaine in full libertie, with power left
unto the inhabitants to gouerne their estate, which the Roman bishops had also
by their oathes confirmed; as Augustine Onuphre the
popes chamberlaine writeth, and as it well appeareth by the Vatican
records.
Now if there were any soueraigne prince that were a tyrant, or an heretike, or
thatIohn king of England, who made himselfe vassall to Innocent the third, for the murther committed in the
person of young Arthur duke of Britaine. And augmented
also the feodall rent of England, for the murder committed by the commaundement
of the king of England, in the person of Thomas
Archbishop of Canterburie. As in like case it chaunced for the murther
committed in the person of Stanislaus archbishop of
Guesne, by the commaundement of the king: for which the pope excommunicated the
king, and tooke the roiall title from the kings of Polonia; enioyning also
their subiects therefore (as some have written) to shave their heads behind, in
such sort Lucold duke of
Polonia, who receiued the royall crowne and title, of pope Iohn the xxij, upon condition to pay into the popes coffers a certaine
yearely tribute, which is yet at this day paid for the lampe of Saint Peter, as weThomas Cramerus. Soveraigntie by the pope pretended
unto the Kingdome of Hungarie.viz. England,
Arragon, Naples, Sicilie, Hierusalem, Polonia, Sardinia, Corsica, and the
Canaries, all feudataries or tributaries unto the popes, or els both together;
they have also Ladislaus the
first, king of Hungarie, promiseth his obedience unto pope Benedict the xij, and acknowledgeth that he ought to receiue the
crowne at his hands. And by another act of Ladislaus the
second, king of Hungarie, excommunicated for the disobedience by him committed
against the popes Legat; for to have his obsolution, he bound himselfe to pay
yearely into the popes chamber an hundred markes of siluer; which obligation
beareth date the yeare 1280. Yet in the same Vatican register, dated in the
yeare 1308, whereby it appeareth also, the barons of Hungarie to have sharply
opposed themselves Stephen the first king of Hungarie, to
have receiued his crowne of the pope, and that they would not endure the pope
to have any such prerogative over them: and yet neuerthelesse they letted not,
but that the king by themselves chosen, might if so pleased him cause himselfe
to bee crowned by the pope. And in the end of that act are many decrees of the
popes legat, concerning the state of that kingdome, with prohibitions to the
kings of Hungarie for alienating any the demaines of the crowne: which may
seeme to have bene the cause that Andrew king of
Hungarie, was by Honorius the pope cited to Rome, to
show why he had alienated part of the publike demaines. Innocentius also the third expresly enioyned the king of Hungarie to
fulfill his dead fathers vow; threatning if he should refuse so to doe, to
depriue Godfrey of Buillon and
his allies, it is manifest that he therefore professed himselfe to be the popes
vassall, and to hold it of him by fealtie and homage: besides that we find it
comprised in the Catalogue of the feudatarie kings of the church of Rome. And
as concerning the Grand Masters of the Iohn Hierusalem, which was composed of eight
sundtie people Charles the
fist, for Tripolis in Barbarie, before it fell into the hands of the Turke: as
now also they doe at this present unto the king Catholike, for the isle of
Malta, which was upon that condition giuen them.
And as for the kingdome of Nauarre, under the colour of excommunication
takenPeter Albret, we said before, that it is by the
kings of Spaine holden of the popes of Rome by fealtie and homage. And not many
yeares ago pope Pius the fift would under the same
colour of religion, have taken also the rest that was yet left, from Ione
Charles the
ix taken upon him to protect her, as being his subiect, vassall, and neere
kinswoman: which he gaue all Christian princes to vnderstand, unto whose
maiestie the proscription of that most honourable queene might well have seemed
preiudiciall.
For many were of opinion that the pope was absolute soueraigne lord of all the
kingdoms of Christendome. And in our age, at such time as Henry the eight, king of England, was reuolted from the pope, the
earle of Aisimund, an Irish man, sent letters unto Henry
the second the French king, (the copie whereof I have taken out of the records)
whereby he offered himselfe to become his subiect, if he should of the pope
obtaine Innocent the third. They have also
pretended themselves to have the soueraigntie of Mirandula, and of the counties
of Concorde, Rege, Modene, Parma, & Placence, for which the popes Iulius the second and third, both of them made great
warres against the French king, when as yet it was most manifest those cities
to depend of the German empire. Of Parma, and Placence there is no doubt; and
the rest they confesse Maud the countesse to have had by
inheritance, holden by fealtie of the emperours, which she gaue to the church
of Rome.
Now if we graunt the aforesaid cities might have beene giuen unto the bishop
ofOtho the emperour (but which Otho it is not said, when as there have bene foure of
that name) doth giue unto the church of Rome Pisaurum, Ancona, Fossabrum, and
Ausun. Other letters pattents also there is of the emperour Otho the fourth, unto pope Innocent the third,
conceiued in these words,Ego Otho quartus rex Romanorum semper Augustus, tibi domino
meo papae Innocentio tertio, tuis{que} successoribus ecclesiae Romanae,
spondeo, polliceor, & iuro, quod omnes possessiones Ecclesiae,
&c. I Otho the fourth, king of the Romans,
alwayes victorious, do auow, promise, and sweare, to thee my lord pope Innocent the third, and to thy successours of the church
of Rome, that all the possessions of the Church, &c. And that which
followeth after, containeth a most copious confirmation of all the lands and
cities which then were in the dominion or patrimonie of the church of Rome,
whether they were giuen by the emperours themselves, or by any other lords or
princes whatsoeuer: in the Comitatus Perusiae, Reatae, Saluiae,
Interamnae,
Campaniae, nee non Roman, Ferrariam, &c. Marchiam,
Anconitanam, terram Comitisse Matildis & quecunque sunt circa
Rodicofanum vsque Ceperanum, exerchatum Rauenne, Pentapolim cum alij terris,
&c. The same forme of confirmation is in the Vatican records to be
seene, both of Rodolph the emperour, and Charles the fourth, bearing date the yeare 1289, and
1368, importing that they also out of their aboundance gaue unto the pope and
to the church of Rome so much as should be needfull, and all that which Henrie the fift his grandfather had before giuen and
confirmed unto the church, that so all the occasions of discord which had
before bene betwixt the emperors & the popes, might be altogether taken
away. So that if these donations be good, the popes are exempted from their
fealtie and homage due unto the emperours, by reason of the fees
The same we may say of the election of the bishops of Rome, which the
GermanFrederick the second to have absolution
from pope Innocent the fourth, caused to be delivered
unto Illum abusum abolere
volentes, quem quidam praedecessorum vt electiones libere fiant & cnonice, Wee willing to abolish that abuse which
some of our predecessours were knowne to have exercised in the elections of
prelats, graunt that those elections may be freely and canonically made. By
which words he seemeth to renounce not onely the creation of the bishop of
Rome, but all other bishops also. Howbeit that in truth that right of chusing
of the popes belonged to the kings of Fraunce, and not unto the German princes,
who have but vsurped Charlemaigne
king of Fraunce, and by him left unto his successors the kings of Fraunce, and
not unto the kings of Germany: for so they were called in all the auntient
treaties and histories of Germanie and Fraunce, and not emperours, except those
which were crowned by the popes. But after that the power of the German kings
was farre spred in Italie, they then sought to vsurpe unto themselves that
right of chusing of the bishops of Rome: whether it were for the encreasing of
their owne wealth and power, or for to take away the ambition and foule
corruption then used in voyces giuing, and in their elections. For the emperour
Henrie the third thrust out of his papacie Gregorie the sixt, chosen pope by the clergie, and set
Clement the second in his place; and afterwards
Clement the second being dead,
the colledge of Cardinals sent ambassadours unto the emperour to appoint whome
hee thought good to bee pope, who appointed Pepon,
afterwards called Damasus the second; who dead, the
clergie againe sent ambassadours unto the emperour, for the creating of a new
pope: who sent unto them Brunon, otherwise called Leo the ix: and after him Victor
the second. After whose death the clergie made choyce of Frederick, and after him of Alexander the Henry the fourth vnderstood, he sent them Cadol
Alexander. After Alexander succeeded Hildebrand, otherwise called Gregorie the seuenth, chosen also by the clergie, who upon the
grieuous paine of excommunication, forbad all lay men to bestow any
Ecclesiasticall liuings or benefices upon any whomsoeuer: And also
excommunicated the emperour Henrie the fourth, for
disobeying his commaundement in creating of bishops in Germanie. Wherewith the
emperour moued, and with his armie passing over the Alpes, chased this Gregorie the seuenth out of the citie, who had holden the
papacie eleuen yeares, and placed in his stead Clement
the third, who held that dignitie seauenteene yeares, against foure popes
successiuely chosen by the clergie. After whose death Henrie the 5 Bourden pope; without regard of whom, the clergie
neuerthelesse made choice of Calistus the second a
Burgundion, who draue out Bourdin, before nominated by
the emperour: and by a decree made at Wormes, enforced Henrie to sweare neuer more to take upon him to bestow any spirituall
liuings upon anie: yet with condition, that he might be in the assemblies of
the Bishops assistant, if he thought it so good. Which decree of the emperour
Henry the fift is yet extant in the Vatican records,
in these words, Pro salute animae meae dimitto Deo &
sanctis Apostolis Petro & Paulo, sanctaeque Ecclesiae Catholicae, omnem
inuestituram per annulum & baculum, & concedo in omnibus ecclesijs
quae in imperio meo sunt, Canonicam fieri electionem. For the health of
my soule I remit unto God and the holy Apostles Peter
and Paule, and Lewes of Bauaria created Nicholas
the fift bishop of Rome: Iohn the two and twentith, a
Frenchman, then Iohn to come before him, saying the bishops of Rome to be subiect vnto
his edicts and commaunds, as emperour: and by sentence giuen at Rome, where Nicholas the Antipape held his seat, depriued Iohn of his papacie. Which Nicholas afterwards retiring himselfe Iohn his mortall enemie at Auignion, where he shut up in
prison, for sorrow languished to death: and the emperour excommunicated, and
therefore detested of all men, was forsaken of his subiects. And this was the
eight emperour whome the bishop of Rome excommunicated:Charles the fourth gaue out his letters pattents, in the yeare 1355,
whereby he acknowledgeth unto pope Innocent the fift,
That although hee were chosen emperour by the princes, yet that he ought to
take the confirmation of his election, and the imperiall crowne of him the
pope; beginning in these words, Post pedum oscula beatorum,
&c.
Lewes of Bauaria,
vntill now.
There is also extant in the Vatican, the forme of the coronation of the
emperors,Charles the fourth
approued; but no where more seruile seruices: where amongst other ceremonies,
the emperour is as a subdeacon to minister unto the pope whilest he is saying
masse; and after diuine seruice done, to hold his stirrop whilest he mounteth
to horse, and for a certaine time to lead his horse by the bridle: with diuers
Charles the fift, who
being come into Italie, with hope to have gone unto the* pope at Rome, being
aduertised of his departure thence to Bononia, wasCharles the fift, Ferdinand the emperour could
not obtaine, that the pope should in his absence ratifie his election; but was
oftentimes by the pope threatned, That hee would take such order for him, as
that he should have nothing to doe with the affaires of the German Ferdinand to imploy their
whole power for the defence of the maEgo manus ac pedes vestrae sanctitatis deosculor, viz. I kisse the
hands and feet of your Holinesse. So used alwayes the emperour Charles the fift to subscribe to his letters, when he
writ unto pope Clement the seuenth. Which he did not
upon a faigned courtesie, but indeed in Clement the 5.
But nothing was more base, than that Fredericke the second▪ who to redeeme his sonne
out of prison, lying prostrat upon the ground at the feet of pope Alexander the fourth, suffered him to tread uppon his
head, if the histories be true. Whereby it is well to be perceiued, the
maiestie of the Emperours,Ptolomee and
the Arabians. And that more is, they have alwaies pretended a right unto the
empire: for the imperiall Iohn and
Luchin, vicounts of Milan, the imperiall seat being
emptie in the yeare 1341, who are in the records called vassals of the church
of Rome, and not of the empire; and are forbidden their odedience unto Lewes of Bauaria the emperour, who was then
excommunicated, as we have before said. For which cause the Canonists haue
maintained, that the emperour cannot giue up his imperiall dignitie unto any,
but unto the pope: for which they yeeld this reason, That the emperours haue
their soueraigntie of men, and the popes of God: Charles the fift worne with
yeares and sicknesse, resigned his imperiall dignitie into the hands of the
princes electors, and sent unto them his resignation by the prince of Orenge.
But howsoever the Bishop of Rome pretended to have a soueraigntie over all
Christian princes, not only in spirituall, but also in temporall affaires;
whether they got it by force of armes, or by the deuotion and graunt of
princes; or by long possession and prescription: yet could not our kings euen
for any most short time endure the seruitude of the bishop of Rome, nor be
moued with any their excommunications, which the popes used as firebrands to
the firing of the Christian Commonweales. For these the popes
interdictions,Boniface the
eight saw himselfe nothing to preuaile by his excommunication, nor that the
people were to be drawne from the obedience of their king, after he had
publikely excommunicated Philip the Faire, he in like
maner excommunicated all the French nation, with all them which tooke Philip for a king. But Philip
hauing called together an assemblie of his princes, and other his nobilitie,
and perceiuing in his subiects in generall a wonderfull consent for the defence
of his state and soueraigntie: he thereupon writ letters unto Boniface (which are common in euerie mans hand) to reproue him of his
folly: and shortly after sent Nogaret
Philip the
Victorious, and his realme being interdicted by pope Alexander the third, who would have brought him into his subiection:
answered him by letters, That he held nothing of the pope, nor yet of any
prince in the Benedict the third, and Iulius the second, had
used the like excommunication against Charles the
seuenth, and Lewes the twelfth (who was called the Father of his countrey) that so as with firebrands they
might inflame the people to rebellion: yet failed they both of their hope; the
obedience of the subiects being in nothing diminished, but rather increased:
the Bull of excommunication which the popes legat brought into Fraunce, being
by the decree of the parliament of Paris openly torne in peeces, and the legat
for his presumptuousnesse cast in prison. And not long after Iohn of Nauarre, who called himselfe countie Palatine, when he had
made certaine publike notaries in Fraunce, and made legitimat certaine of his
bastards, by vertue of the authoritie which he had (as he said) from the pope,
he was therfore by a decree of the parliament Clements the fift, whereby he
not onely absolueth Philip the Faire and his subiects
from the interdiction of Boniface the eight, but also
declareth the king and the realme to be exempted from the popes power. Pope Alexander the fourth also gaue this priuilege unto the
realme of Fraunce, That it could not for any cause bee interdicted▪ viz. by Gregory
Clement the fourth, Vrban the fift, and Benedict the twelft; whose bulAuctoritate
Apostolica, By the authoritie Apostolicall:Auctoritate Apostolica, vsually put into the
popes buls or decrees, reiected in France.Iohn Durand himselfe a French writer, saith, That
the French kings are subiect unto the pope, so farre as concerneth their oath,
it needeth no refuting; as by him written being bishop of Mende, and at such
time as under the color of oathe ioined unto contracts, the ecclesiastical
iudges drew unto themselves the hearing and determining of all matters: which
their iugling craft was both by the kings edicts, and the decrees of the high
courts of parliament, long since met withall, and taken away. But if the French
king shall in his owne priuat name contract with the pope, he may voluntarily
and of his owne accord bind himselfe unto the popes iurisdiction, which we read
to have bene done by Philip Valois, at such time as he
borrowed the summe of three hundred and thirtie thousand florines of gold, of
Clement the
sixt, which is an ordinarie clause in all obligations, in which sort the pope
himselfe might aswell as a priuat man be bound also. But this money the pope
may seeme also not to have lent without reward; but beeing himselfe of the
house of Turene, it may be thought that he for this
summe so lent, procured of the king the great priueleges which the counties of
Turene yet at this day enioy. Yea but I know some to pretend, that the French
kings ought to receiue their royall crowne at the hands of the pope: for that
king Pipin so receiued it at Saint Denise in Fraunce, of pope Zacharie: as though
one act in discontinued solemnities, and of so great consequence, could giue a
right, or establish a perpetuall law: which it cannot do in the getting of the
least discontinued seruice; but by the prescription of 100 yeres: albeit that
in truth the king Lewes the Gentle,
successour to Charlemaigne: which confirmation Carolus Sigonius, a most skilfull man in the antiquities
of Italie, writeth himselfe to have seene and read. Wherefrom a man may draw
two most certaine arguments; The one, That the donation was made by the
predecessours of Lewes the Gentle: And the other that
the soueraigntie of the seignories so giuen, was yet reserued: For otherwise
there should not Lewes his confirmation; considering that king Pipin had by law of armes wonne those territories from
the emperours of Constantinople, & therfore might of right both giue them
by himselfe so wonne, and also appoint lawes unto them so by him giuen. Albeit
that the Constantinopolitan emperour sent ambassadors into France unto Pepin, to have had him to have infringed & reuoked
the said donatiō: which they could not of him obtaine, but returned as they
came; as is to be seene in the histories of Floardus and
Sigonius. And that more is, Augustinus Onuphrius the popes chamberlaine, who had diligently
searched all the Vatican records (speaking of the viz▪. Iohn, surnamed
Digitorum, to have written in letters of gold, the
donation pretended to have bene made by Constantine: in
the end whereof are these words, Quam fabulam longi temporis
mendacia finxit; which words I thought not good in any thing chaunge:
as being much stronger arguments than those of La. Valla, to conuince the lies of Augustin Egubin, who of purpose to deceiue, hath forged
in Greeke the donation of Constantine, to giue it the
more credit; whose deceit is easie to be refuted both by the manner of the
stile, and the knowledge of antiquitie: and is sufficiently refelled by Sigonius and Onuphrius both
Italians. Which is also well iustified by the epistle of pope Iohn, written in the Pipin, Charlemaigne, and his successours: and by
the auntient marble table, which is yet to be seene at Rauenna, wherein are
these words contained, Pipinus Pius primus amplificaendae
ecclesiae vam aperuit, & exarchatum Rauennae
cum ampliss. The rest of the inscription time hath defaced. And thus
much concerning the greatnesse and soueraigntie of our kings.
I will not here touch the greatnesse and soueraigntie of the Negus of AethiopiaPrester Iohn,
whome Paeu. Iouius writeth to have fiftie tributarie
kings under him, or (to say better) gouernours of Prouinces, which yeeld vnto
him not onely their ordinarie tributes, but also their fealtie and homage, and
that in greater humilitie,Francis
Aluares a Portugall, who dwelt sixe yeres in Aethiopia, and yet
neuerthelesse they are called kings without cause, because they be no absolute
soueraignes, seeing that they be but tributaries, yeelding fealtie and homage
unto another man.
As for those princes which are no Christians, I have nothing to say, for the
small assuranceMusulman (that is to say the right
beleeuing) princes, to call themselves lords, except their Caliph or great
bishop their great prophet Muhamed his vicar. By meanes
of which prohibition the Mahometan bishops have vsurped absolute soueraigntie
Ioiada the high
priest, hauing consecrated Ioas king of Iuda, set a
crowne upon his head. But the Musulman princes think that chapter not to haue
bene made by Muhamed their law giuer, but by their
Caliphes, (who of many diuers corrupt Alcorans made but one, long time after
the death of Muhamed, defacing the rest, and for the
augmenting of their maiestie, to have bene into their Alcoran by them inserted.
But at such time as three of their great bishops had for the desire of
soueraignty, at one time taken upon them the name of the Barnagas
gouernour of that coast, and the king of Aethiopia his subiect, cut the
Portugals in peeces, and rased the fortresses which they had begun to build,
under the colour of alliance and amitie contracted by Lopes ambassadour for the king of Portugall, with the king of
Aethiopia, in the yere 1519. And yet for all that certaine it is, that the king
of Portugall was of auntient time feudatarie or vassall unto the king of
Castile, and the kingdome of Portugall a memberHenrie, brother
to Godfrey of Buillon, in marriage with the base
daughter of Alphonsus king of Castile: from whome are
descended all the kings of Portugall, since this foure hundred and fiftie
yeares, unto Henrie the Cardinall, who last raigned:
hauing (of long) exempted themselves from the soueraigntie of Castile, and
holding diuers kings their tributaries and feudataries, of whome Emanuel was the greatest, and for his martiall prowesse
amongst the rest most famous; who vanquished the aforesaid kings, and caused
them to pay him tribute. For there are now no feudatarie kings in Asia, or
Africa, which are not also tributarie; howbeit in auntient time the kings of
Persia, and the Romans, hauing subdued kings unto their empire, for most part
made them to become their tributaries: as for such fealtie and homage as is of
Philip the second, king of Macedon, being by
the Romans ouercome, they graunted him peace uppon condition, that he should
pay them into their common treasure, a certaine yearly tribute; which Perseus, Philip his sonne, afterwards refusing to pay,
drew upon himselfe a great and heauy warre, to his owne vtter destruction. And
yet oftentimes such tributarie kings had others tributarie unto themselves, who
had also power of life and death, and other roiall soueraignties over their
owne subiects. So the kingdome of Dauid was contained
within the bounds of Palestine, and yet he enforced the neighbour kings to pay
unto him tribute, his posteritie neuerthelesse not long after yeelding tribute
unto the Aegyptians, and the Assirians. So the kings of Slauonia, and the
Commonweale of Carthage
Yet is there difference betwixt a tribute and a pention: for a pention is paid
in respectLewes the xj paid unto them by the treatie of Piqueni, by the name of
a tribute; vntill that Elizabeth the daughter of Edward king of England was married unto Charles the eight, king Lewes his sonne.
Howbeit that Philip Comines
Bsilius the first, who called himselfe
The Great Chamberlaine of God, and
King of Moscouie: and so he which at this present
raigneth, in despight that other princes tearme him but a duke, stileth
himselfe The Great Emperour: as in truth he in power
either excelleth, or is equall unto the greatest kings his neighbours,
excepting the kings of the Turkes▪ albeit that the right of soueraigne maiestie
be not defined by the spatiousnesse of places, or the greatnesse of countries,
as if that might make a prince either Eumenes being ouerthrowne, and
hauing nothing left him of his owne more than the castle wherein he was
besieged, yet when as he was to treat of peace with Antigonus king of Asia (who as he was in power, would also in honor
have seemed to have bene his superiour) answered, That he
And yet among soueraigne princes there is a certaine prerogative of honour
due
Sometimes also the more auntient Monarches and Commonweals lose their
prerogative of honour; as when they put themselves into the protection of
latter princes,Augustus the
emperour showed himselfe wonderfull ceremonious and difficult Q. Martius Philippus their ambassadour show himselfe
therein curious: Who contending with Perseus king of
Macedon, which of them shuld come over the riuer upon the frontiers Perseus
for that he was a king, refusing to come over Martius, or els Liuie omitted, which was
forthat Philip the father of Perseus had upon conditions, receiued peace of the Romans and also
paid unto them tribute; which his father Philips act, if
he had disliked, he should not have medled with the kingdome: although that he
was otherwise vnworthy therof, who his father yet liuing, had aspired unto his
inheritance: and being but borne of a concubine, had slaine his brother borne
in lawfull marriage. But after that hee Paulus Aemilius▪ had lost
the hope of his kingdome▪ he writ letters unto Aemilius,
generall of the Roman army, yet stiling himselfe a king: which his letters the
Roman generall reiected, and would not vouchsafe to open them, except he first
renounced his roiall dignitie, which can onely agree unto him which hath a
soueraigne power, subiect to no other princes commaund.
And for the same cause Francis the first the French king
declared unto Cardinall Bibiene the popes legat, that
the pope his master ought not to suffer the emperour Charles the fift to call himselfe king of Naples and of Sicilie,
seeing that he was but the Popes vassall. Whereof the legat gaue aduertisement
unto Iulian Cardinall de Medices, who was afterwards
pope; to the end that that title might have beene rased, which Charles of France, of Carobert, and of Iohn. So many times ambassadours euill instructed in
their masters affaires, through ignorance commit therein many notable defaults.
And by the same reason we should take the royall title of a king from the king
of Bohemia, who holdeth his kingdome in fealtie and homage of the empire; and
not for that it is so little, as many have written, that it is for that cause
no kingdome, which were to measure kings by the elne: but it is, for that the
countrey of Bohemia was by the emperour Fredericke the first, for title of honour onely erected
a kingdome, without preiudice unto the right or soueraignetie of the empire.
But to say truth, this title agreeth unto none that is another mans vassall,
nor hath nothing of his owne in title of soueraigntie. And it maybe, that for
this cause pope Pius the fourth gaue not the royall
title toCosmus duke of Florence, albeit that he would very
gladly have so done: whereof the emperour Maximilian the
second, being by the French embassadour aduertised, not vnfitly replied, Italia non habet regem nisi Caesarem: Italy hath no king
but the emperor. Although that be to be vnderstood of the maiestie of the
German empire (whereof the Florentine state dependeth) & not of the
emperour, who is himselfe subiect unto the estate of the empire: albeit that
all christian princes giue him the prerogative of honor,Baldus (being himselfe an Italian Lawyer and a subiect of the empire)
sayth well, That the French king Gregories unto king Childebert, the beginning whereof is this: Quanto
caeteros homines regia maiestas antecellit, tanto caeterarum gentium regna,
regni vestri culmen excellit: by how much the royall Maiestie excelleth
other men, by so much doth the Maiestie of your kingdome excell the kingdomes
of other nations. As in truth this prerogative is unto him due: for the Germane
emperours themselves cannot denie, but that the German empire was sometime a
prouince and member of the auntient kingdome of Fraunce, conquered by the
prowesse of Charlemaigne king of France, and power of
the French nation: but afterwards rent againe from the same, being giuen in
partition to Lewes of France, yongest son to Lewes the Gentle, at such time as Charles the Bauld the French Othons, by the graunt of the Roman
bishops hauing got the imperial title, have by little & little through the
ignorance of our embassadors vsurped & taken unto themselves this
prerogative of honour aboue the French kings. As in like case the king of
Spaine not many yeares agoe would have preuented our kings ambassadours: but
was at the request of M. Nouuaille, ambassadour for the
French king, by a decree of the Venetian Senat embarred so to doe, in the yeare
1558: and so likewise afterwards by a decree of the pope, giuen by the consent
of all the colledge of Cardinals: where the pope said with a lowd and cleare
voyce, That the French kings had beene alwayes the auntient protectours of the
church of Rome, and that the fairest Mendoza the Spanish ambassadour, preferring himselfe
and taking place before the French ambassadour (which then was M. Lansac, assisted with the M. M. of Ferrier & Faut)
was to have bin compelled to have departed from the councell, or els to haue
kept the auntient order of ambassadours, and so to have followed the French
ambassadours: who withstanding the Spanish ambassadors presumption,Henrie the second the French king hearing of, writ againe to his
ambassador, That prerogative of dignitie to be of so great moment and
consequence, as that nothing therein was by him to be said or done more than he
had commission for. And Ferdinand the emperour not
willing to offend either the one or the other, thought it good to forbid them
both from comming together, either unto sermons or other publikeM. De Monluc bishop of Valence
(who for his wisedome and dexteritie for mannaging of matters of estate, had
beene fifteene times ambassadour) hauing by great celeritie preuented the
Spanish ambassador, had also first audience; wherewith the Spanish ambassadour
offended, would as then say nothing: as I have vnderstood by M. de Nouuaille abbot of Belle-iste, a man of great honour and vertue;
who then was also ambassadour into Polonia, as he now is at Constantinople. But
before the yeare 1558, neuer Christian prince made question of the preheminence
of the French ambassadours before them of Spaine: and namely the English men
alwayes preferred them before the Spaniard; albeit that they had bene auntient
allies and friends unto the one, and enemies unto the other. As after the
Marie, in the chapter holden by the knights of the most honourable
order of the Garter, upon Saint Georges eue, in the
yeare 1555, concerning the conferringPhilip was
married unto the queene. And the next day after being Saint Georges day, a day of great solemnitie unto the knights of that order,
a seat was accordingly reserued for the French king, on the right hand next
unto the prince: and another on the left hand for the king of Spaine, next vnto
the emperours seat on the same side, being then emptie. And afterward in the
time of Charles the ix, the queene of England caused to
be sent unto him the banner of Fraunce, of the same stuffe and greatnes that
M. de Foix then his ambassador there; and in the roll
or Catalogue of these knights, which is signed euerie yeare by the queene, the
French kings name is euer the first, next unto her owne.
But to take away these difficulties and ielousies betwixt princes, about their
honors, which are otherwise ineuitable and daungerous: it is declared in the
xiij article of the ordinances of king Lewes the xj,
touching the order of knights, that they should bee placed according to the
time of their receiuing into the order, without prerogative of king or
emperour. For euerie soueraigne prince who is neither tributarie, vassall, nor
in the protection of another, may as seemeth unto him best in his owne countrey
bestow the prerogatives of honour upon whomsoeuer hee pleaseth, and to reserue
the Greatest among the most Great Princes of
the Christians: & stileth himselfe The greatest
of all Princes, and the chiefe Sarrach or Prince of the Musulmans; that
is to say, Chiefe Prince of the right beleeuing or
faithfull, which last prerogative of honour the Christian princes
themselves have giuen him by their letters: and as for the first title it
seemeth himselfe to have taken it from the auntientFusills, wherby thesewords are signified; King of kings, raigning
over kings. Which was the title that the kingsEzechiel, who calleth the great king Nabucodonosor
Esdras writeth, used the same title: & after them the Parthian
kings also, as Dion writeth, that Phraates the king of Parthia called himselfe King of kings. But
neither feudatarie kings which hold all their territories of others; neither
dukes, marquesses, counties, or other like princes can of right vse the title
of soueraigne his Highnesse, his Serenitie, or his Excellencie, as wee have before