The six books of a common-weale (1.9)

THis question deserueth a speciall Chapter by it selfe, for that it hath no communitie with the auntient markes of Soueraigntie, which were before the right of Fees, used in all Europe and Asia, and yet more in Turkie than in any place of the world: where the Timariots hold not the Fees they have to serue in the warres, but so long as pleaseth the king of the Turkes, who giueth them no longer but for tearme of their lives: which haue them with condition, that in time of warre the Timariots

shall of their owne charge without any pay bring such a number of horsemen and horses, as is appointed in the subsidie bookes, according to the proportion of the rent of the fees, which they cal Timar, which is to say in their language, the Vse and profit, deriued as I suppose of the Greeke word ⋯; and the 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 unto our purpose.

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:[*] which altogether differ from those things which wee have before said of the right of maiestie and soueraigntie. Wherefore it is requisit for vs more exquisitly to

entreat of these matters, whereof dependeth the principall point of soueraigntie, and the prerogative of honour amongst princes, which they esteeme as a thing unto them most deare of all things in the world.

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

in fealtie and homage. For the client, or he which is the simple protection of another [*] prince onely, acknowledgeth his patron his superiour, in the league of their confederation, but no further than the dignitie of the person and place requireth: but the vassall, or he which holdeth in fealtie and homage, is glad not onely to acknowledge his lord for his superiour, but is enforced also in humble wise to giue unto him his faith and dutie, or els to forgo his fee. When I say fealtie & homage, I meane the oath of fidelity, the submission, the seruice, and dutie of the vassall, which he is by the tenour of his fee bound to giue unto his lord.

Which that it may be the better vnderstood, we will make nine degrees of inferiours,[*] in respect of their superiours: beside him who next unto almightie God, acknowledgeth none superiour unto himselfe. The first sort, is of such princes as are in the

protection of him whose maiestie they obserue and reuerence, and commonly giue themselves into his protection, so to bee the safer against their most mightie enemies. The second, is of such princes as acknowledge a superiour in their confederation, unto whome they vse to pay a tribute or pension, so by his helpe and aid to bee the safer: which deserueth not to be called patronage, because it is mercenarie, whereas unto kind dutie no reward is due. The third is, of such princes as being overcome by the more mightie, have of him receiued peace, who yet keepe their maiestie and soueraigntie, with condition, courteously to reuerence the maiestie of the victor, and to pay unto him a yearely tribute, for which they are from him to receiue neither protection nor aide. And albeit that these seeme to be more charged than they which are but in protection; yet is it so, that in effect they are greater, for in paying the tribute they have promised for their peace, they are acquited, and have nothing to doe with any other for the defence of their estate. The fourth sort is of them which are themselves kings, and freely exercise their soueraigntie over their owne subiects; but yet are vassales or feudataries to some other prince for some fee, bee it greater or bee it lesse, which they from him receiue. The fift sort, is of them which are not kings, neither have any soueraigntie, but are become vassals for their fee, and are simply called meere vassals, who are bound to defend the honour of their lord, and to take up arms for him, but not at all times, nor against all men. The sixt sort are they whom wee call liege vassals, who are not naturall subiects unto the prince, but hauing giuen him their faith, are bound to defend his dignitie and honour, and for his defence to take up armes without exception; yet not alwaies, nor in all places, but so farre forth as the profit of the fee, or the contract of their vassallage extendeth. The seuenth sort are they whom we call subiects, whether they be vassals or tenants, or such as hold no land at all, who are bound to fight for the honour and defence of their prince as well as for themselves, and to have the same enemies and the same friends that he hath. The eight sort is of them, which in former time delivered from slauerie, yet retaine a certaine kind of seruitude, as doe they which are tied unto the soyle, and are of vs called Mort-maines. The last sort are the right slaues. This distinction of the degrees of subiection, I have made to take away the confusion that many make of the subiect with the vassall; and of the simple vassall with the liege man; and hold, that the liege man oweth all obedience unto his lord towards and against all men; and that the simple vassall reserueth his superior: and yet neuerthelesse there is but the subiect onely which oweth his obeysance. For the vassall, be he liege or simple, if he be not a subiect, oweth but the seruice and homage expressed in his inuestiture, from which hee may without fraud exempt[*] himself, by yeelding up his fee: but the naturall subiect, which holds in fee, in farme, or fee simple, or be it that he hold nothing at all that he can call his owne, yet can hee not by any meanes without the consent of his prince exempt himselfe from the personall obligation wherewith he is unto him bound, as we have before declared. The simple vassall is bound but once in his life to giue his oath of fidelitie unto his lord: and such a vassall it may be as is neuer bound to giue his oath: for that the fee may bee without any such obligation of giuing his faith, as is to be seene in the old lawes of fees, (contrarie to that which 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 fee: or well the simple vassall of one Lord, without being subiect or liegeman to another: and naturall subiect to another, to whome he is iusticiable, and yet holdeth of him neither fee nor reuenew. For the vassall of a vassall is not for that, either vassall or subiect of the same lord, if it bee not in regard of the same fee. But it is needfull to explaine that we haue said by examples.

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

and the church of Rome, and not onely vassals, but also tributaries: beside the annuall gift of smoke money, of auntient time graunted by 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. The Bull was made in autentique forme, whereof I have seene the copie in a register of the Vatican, taken out by the commaundement of chauncelour du Prat, when he was Legat. And albeit that 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 soueraigntie[*] over the realmes of England, Ireland, and Scotland. For first Constantine king of the Scots, with the rest of the nobilitie of that country, did fealtie and homage to Adelstan king of England; and after that Baliol king of Scots did fealtie and homage also to the king of England, declaring himselfe to hold the kingdome of Scotland under the protection of the English, excepting the xxxij Islands of the Orcades, which then & afterwards also were holden in fealtie and homage of the kings of Norway; and owe unto the new king comming to the crowne ten markes of gold, as was agreed betwixt the kings of Scotland and Denmark, to end the warres, which were renewed for the same isles, in the yeare 1564; as I have learned by the letters of 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 of England in fealtie and homage: yet so it was, that he remained nine yeares in prison, and by the treatie made betwixt 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 part[*] of the kingdome of Norway, without acknowledging any prince for his superiour whatsoeuer; and yet holdeth part of the duchie of Holsatia of the emperour in fealty and homage: in which sort he in auntient time held the countrey of Denmarke, which

was but a plaine dukedome, when Canutus 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 fees[*] that they hold of other princes, are acquitted of their fealtie homage and seruice, by giuing up their fee without fraud. I say without fraud, for that it is not lawfull for the vassall to forsake his lord and patron at his need, although he would renounce his fee: albeit that there be no other penaltie but the losse of fee appointed for him who in time of warre forsaketh his lord; for that he doth an irreparable preiudice unto his honour, which for euer remaineth engaged for so foule a fact, as to have forsaken his lord in time of daunger: seeing that by the oath of fidelitie the vassall, but especially the liege vassall ought to aide him, were it against his owne brethren and children. Yea some lawyers are of opinion, that he ought to aid his lord and patron, euen against his owne father: wherein I can in no wise agree with them, for that the first and chiefe fidelitie is due unto our parents. But if the vassall be also a subiect, hee looseth not onely his fee and honour, if he forsake his soueraigne prince at his need, but euen his life thereon dependeth: seeing that it is death euen for a common souldior, not to defend his captaine in battell. Wherefore we are not to maruell, if Iohn 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 homage yeelded to Lewes the eight, was not but for the life of him that did it, as appeared by the act, without binding of his successours. And the other act which is of yong 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 is[*] there any doubt, but that in truth the auntient counties of Britaigne were true subiects and liege men unto the kings of Fraunce (as is to be seene in the histories of Gregorie 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 like to be true, that 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 counties of Britaigne, should be vassals unto the dukes of Normandie, unto whome they had oftentimes giuen their fealtie and homage: which could nor possibly have bene, if they had not bene vassals and liege men unto the crowne, seeing that the dukes of Normandie had giuen their fealtie and liege homage unto the kings of Fraunce, & the counties of Britaigne unto the dukes. And if true it be, that the vassall can neuer prescribe for his fealtie and homage against his lord; how then can the subiect prescribe for his subiection against his prince? So the Seneschall of Renes (a man verie well learned) cannot abide that 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, had reseruation to make lawes, to graunt pardons, to call parliaments, to take the[*] benefit of confiscations euen in cases of high treason, the regall rights in churches, and feofments of trust. By which arguments not onely probable, but also necessarie, I am persuaded to write the dukedome of Britaigne, now euen from the times of the first kings of Fraunce, to have bene a prouince of the kingdome of France, although 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 their fealtie unto the French kings, without exception, as we read in the records, although that they still exercised in the countries of Britaigne certaine roialties granted them by the king.

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. Wherfore[*] we conclude, that there is none but he an absolute soueraigne, which holdeth nothing of another man; considering that the vassall for any fee whatsoeuer it be, be hee Pope or Emperor, oweth personall seruice by reason of the fee which he holdeth. For albeit

that this word Seruice, 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;[*] that is so true, as that the vassall cannot acquit himselfe thereof by his deputie or atturney, as was permitted by the auntient lawes of fees; which in this point is abrogated

in Europe, and Asia; yea and in Italie it selfe from whence the lawes of fees (as many thinke) first tooke their beginning. For 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 may constraine his vassall to yeeld his fealtie and homage unto his deputie, as is commonly vsed. But if the vassall be yet under age, or so young as that he yet wanteth understanding, he is to be borne with for doing of his fealtie and homage, vntill he be of age to do it, except it pleaseth the lord of the fee to receiue it by his deputie: As did king 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 they should have bene constrained themselves in person to have done, if they had not bene sicke, or had some other iust and reasonable let; or that it was some bodie collegiat. For it much concerneth the honour of the lord and patron, whether homage be done unto him in the person of a king his vassall, or by some oeher base atturney or deputie. And for this cause it was agreed in the treatie of Amiens, made betwixt 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 he should send his eldest sonne to doe the fealtie in his stead. And by another treatie made in the yeare 1330, betwixt 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 [*] betwixt the hands of the French king, the Chauncel or of Fraunce for the French king, shall thus say unto the king of England, 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 a right unto the soueraigntie of Berne, which yet resteth vndecided. The forme of the simple homage done by 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 benefits as he then enioyed in Fraunce. But if the vassall be also a naturall subiect unto his lord and patron, he is bound to lay by his sword, his gloues, his hat, his cloke, his spurres, and upon his knees to put his hands ioyned together, into the hands of his prince, or of his deputie, and so to take his oath: and by the custome of this realme, if it pleaseth not the lord, he is not bound to be present, or to kisse his vassall; but may (if he so please) being present, see him in forme, as we have aforesaid, giue his fealtie and homage to some small officer, or before his house, by kissing the hammer of his doore. But by the customs of Vermandbis, the vassall is bound to do his fealtie unto his lord being present; but if he be absent, it is sufficient for the vassall being present, to cause it to be done by his atturney, least the honour of the vassall should bee impaired by the basenesse of the person of his lords atturney. But if the vassall have thirtie heires, every one of them is constrained to yeeld his fealtie unto his patron requiring the same: as was long since prouided by the decree of 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 home[*] enioy a kingdome, to have a soueraigne maiestie and power? Shall we call him that is bound to doe most vile seruices, (and to vse the words of fealtie) him that serueth another man, shall we call him, I say, a soueraigne prince? And that is it for which manie

honourable princes had rather to loose and forgoe right great seignories, and their most rich fees, than to serue such a slauerie. And othersome againe, to the contrarie, would not sell their soueraigntie for any thing in the world. As the prince of Orange refused of king Lewis 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 Vayuod was therein doing unto him his homage, that so he might be seene of all men in doing of it. Which s⋯ie disgrace the Vayuod tooke in very euill part: which is not to be maruelled at in so great a lord as he, if wee doe but consider, that 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 his head, set thereon a royall crowne, and caused him to sit on his right hand. For albeit that the kingdomes were giuen by the Romane emperours without reseruation of fealtie or homage, yet so it was, that the kings laying aside their scepters and crownes, of their owne accord serued the Romane emperours, some as seruitors in their chambers, othersome called themselves but the Romane stewards, as 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 Pontus[*] came to Rome, and with a cap upon his head (in token of his late recouered libertie) thanked the people of Rome for the same. But Prusias king of Bithynia as oft as he went into the Senate, commonly kissed the threshold of the gate, calling himselfe the Senates slaue: albeit that he was neither subiect nor tributarie, nor so much as in the Romanes protection, but ioyned unto them in equall confederation. All these honours, were they neuer so great, proceeding from their owne voluntarie will, did little or nothing at all diminish the maiestie of a soueraigne prince, as doth that forme of homage which is seruile and constrained, and which the Tartars, Persians, and Turkes esteeme to bee the true seruice of a very slaue. And truly 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 of Hungarie to belong unto himselfe by inheritance, had not letted him so to doe; as I have seene by the letters of 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⋯ie hauing taken him prisoner, would neuer consent unto his deliverance, vntill hee had quite discharged the Low countries from the fealtie and homage wherein they were before bound unto the French.

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 a[*] liegeman, but euen the French kings naturall subiect; as borne & brought up in Flanders, then a prouince of the French kingdom: although many think the citie of Gaunt the natiue place of Charles, 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

emperour, asked leaue of 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 then[*] not onely the vassall, liegeman, and naturall subiect to the king of Fraunce, but also a liegeman unto the pope and the church of Rome, for all the countries, lands, and seignories that he then held, except that which he held of the crowne of Fraunce, or of the empire; howbeit that he as then held nothing of the empire, but the lands neere unto the Rhene, and Cambray: For Arnold 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 professed[*] himselfe to be the liegeman of the bishop of Rome, in his fealtie giuen for the kingdome of Naples, he then promised by his oath, not to take upon him either the charge of the German empire, if he were chosen emperour by the German princes; either of the dukedome of Milan; and with these conditions gaue his fealtie and homage vnthe pope: which is not to be thought any new clause, but an auntient condition, ioyned unto all the acts of fealtie and homage giuen unto the pope by the kings of Naples and Sicilie, since the time that pope Vrban 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 by 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 rent of eight thousand ounces of gold, or of foure score thousand crownes, which the [*] kings of Naples were bound to pay euerie yeare, and a white ambling gelding, beside the aid expressed in the inuesture, with reseruation of the countie of Beneuent. Which their obligation was of such consequence unto the popes, that so soone as they denounced warre unto any, the kings of Naples were straight wayes in armes for the defence of the Church of Rome. So 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 agreed upon in the first article of the treatie of Soissons, made in September in the yere 1544: which haply the emperour would not have done (hauing had his armie but a little before by the French men ouerthrowne in Italie, and now with doubtfull euent making warre in Fraunce) if he had not bene liege vassall vnto the pope, & by him threatned to loose the kingdoms of Naples and Sicilie, as he was well giuen to vnderstand. Which the pope did, not so much moued with the publike calamitie or troubled estate of the Church, as with the power of 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 Milan, of Gelders, and other seignories of the empire, yet so it is, that hee was the popes antient vassall & liege man, and so consequently to him first bound, & that more straitly unto the Church than to the empire. Ioine hereunto also, that the popes have since[*] this 300 yeres pretended that the emperor may not take upon him the empire, but hauing before of them receiued the imperiall crowne; as pope 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

[*] be liegeman unto the pope, the French king, and the empire? seeing that no man can be liegeman unto many lords, although he have many fees holden of them all separatly: For his faith and aid is due to one alone, and him the first and chiefest, without exception of any man liuing. And in case he be the vassall of many coheires for one and the same fee, he is liegeman unto them all together, but not to any of them separatly, considering that his fealtie cannot be divided; neither can he do his liege homage unto one of them without exception, for the concurrence of the rest: yet truer it is, his fealtie to be due unto one onely of his patrons, whome he shall make choice of, if that his patrons cannot agree, or els to them altogether; and that law we now vse. For the condition of the vassall ought not to be made more hard, than if there were unto one man, but one heire; but it should be much harder if he should bee enforeed to doe many duties, many seruices, and many times to giue his faith: and that much more the liege vassall, who cannot giue unto manie his faith seuerally, without exception.

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

promised to serue them in their warres against all men, except the emperour, and the king of the Romans; vowing to be their vassals and liege men, more or lesse; some calling themselves councellours, some other pentioners, all liege vassals: except the Archbishop of Treuers, Elector of the empire, who no otherwise called himselfe, but the kings confederat, and not his vassall, although he receiued his pention from the king, as did the other princes; who for all this held nothing of the crowne of France, but were nothing but pentioners unto the French kings, to whome they gaue their oath to aid them, at their charge, upon the conditions expressed in their oathes. Onely the oath of the duke of Guelders, and countie of Iuliers, I will for example set downe, that thereby men may iudge of the rest, in Latine conceiued in these words, 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, and their treaties, carrie no more such words.

Wherefore againe to returne from whence we have a little digressed. I say then,[*] that the emperour 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

seruice (for the indiuisible nature therof) is letted by the concurrence of them to whom it is to be done. For amongst equals the condition of him which forbiddeth (the seruice) is better: howbeit that in question of simple alliance, the aid is due unto him that is wronged and inuaded in his countrey against the other common allie which maketh warre upon him, as it commonly falleth out if the assailant have no iust cause, and that after denuntiation to him giuen by the common allies to come to some reasonable agreement, he refuse so to doe.

But most certaine it is, that the naturall subiect ought alwayes to preferte his naturall

lord aboue all, if he bee present; as him to whome he is first bound, & from whom he cannot exempt himselfe. And therefore in the decrees of king 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 of Naples and Sicilie, holding of the pope immediatly and without meane, hee was also his vassall and liege man for the kingdome of Arragon, as I have red in the records taken out of the Vatican where the graunt giuen by 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 mu⋯ri, 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 this perpetuall law decree a court to be kept: for that my hope and trust is, that thou & thy successors shalt lead vs as it were with the hands of blessed 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 giue in fee the kingdome of Sardinia and Corsica, the inheritance of the church of Rome, &c. And we personally therein, inuest thee by a cape of gold, &c. yet so as that thou and thy successours shall therefore giue liege homage, full vassalage, and oath of fidelitie, &c. And an hundred armed horse-men, and one horse for seruice, and two furnitures at the least for every one, and fiue hundred foote-men of your country of Aragon, with pay for three moneths from the day that they shall enter into the territorie of the church, &c. And moreover the rent of two thousand markes of good and lawfull sterling money, wheresoeuer the pope shall be in the feast of the blessed Apostles, 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 heires from the said kingdome of Sardinia and Corsica, shall altogether fall; and the same kingdome shall againe returne unto the church of Rome. And after that, 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 fealtie & homage unto the bishops of Rome. And since the kingdom of Portugall, was[*] by the valour of 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, [*] and the 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 weight and coine of Florence. And as for the remainder of the westerne Isles, and of Peru, it is certaine that pope 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 church of Rome. For albeit that 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 was king Lewes his liege vassall, and no way bound unto the pope. So that there remained [*] no kingdome, no not any little territorie or peece of ground, which 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: so that euen for that, he is to ackdowledge himselfe to be our kings vassall. As for[*] the kingdome of Castile, no man doubteth (which hath but looked into the Spanish affaires) but that the kingdome of Castile by inheritance, descended unto king 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 also that the French kings daughters or sisters, when they are bestowed and married, can receiue nothing but money of the royall possessions of the crowne of France And albeit that some may thinke that the French king might giue those lands unto his daughter, as not yet vnited or incorporate into the crowne of France; yet neuerthelesse there is yet extant in the records of France, a league made in the yeare 1369, betwixt king 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 both males and females, the successours of 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 of Fraunce, made unto the king of England in the treatie at Calais, wherein he without[*] consent of the states, yeelded unto the king of England, all the right and title he had in the kingdome of France: which was againe disanulled by the treatie of 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 fi⋯t, king of England. And therefore pope Martine could by no request of the English, be perswaded to ratifie that league, but called Charles the seauenth, sonne to Charles the sixt, by the name of the French king: for that the kingdome of Fraunce is neither deuolued by right of succession, (which they tearme from one intestate,) neither by testament, neither by resignation, but by vertue of the law royall, from which the kings themselves cannot derogat without the consent of the estates; which is not so in the kingdomes of Spaine, England, Scotland, Naples, and Nauarre.

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

[*] to also, that the imperiall title of the emperour carrieth with it no soueraigntie: albeit that the emperour writing unto the princes of the empire, vse these wordes, 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 that is it for which the emperour 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 soueraigne[*] princes. For the Venetian Commonweale excepted, there are no princes or Commonweals in Italie, which hold not of the empire, the pope, or the crowne of Fraunce: which concerning the kingdome of Sicilie and Naples, we have alreadie declared. As

for the duke of Milan he is a naturall vassall of the empire, from which hee taketh his[*] inuesture, and thereto payeth reliefe: for which the emperour Maximilian 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 the subiects with subsidies, without the emperours leaue, was by a decree from the emperour sent prisoner unto the castle of Modene; where after he had of long time lived, he at length died; whose sonne 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.

So say we also of the duke of Mantua, who acknowledgeth himselfe to hold of the [*] Germaine empire, and to be also a prince thereof.

As for the duke of Ferrara he confesseth euen at this present to hold part of his seignorie,[*] euen Ferrara it selfe, of the pope, and therefore payeth a yearely rent or fee into the popes coffers. For not long ago, 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:

albeit that pope 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

[*] empire, for the payment of sixe thousand Florines unto the emperour Rodolphe. As also do the Genowayes, who as they say, were by the same emperour enfranchised. How[*] be it that afterwards they hauing receiued great harme from the Venetians, gaue themselves into protection unto king Charles 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

simple graunts and gifts, with certaine priueleges to gouerne their estate, under the obeisance[*] of the empire. It was not also in the power of the emperours, neither of any prince whatsoeuer, to alienat any thing of the publike demaine, and much lesse of the rights of the soueraigne maiestie, but that it was alwayes in the power of the successour to lay hand thereon againe, as it is lawfull for the lord to lay hold uppon his fugitiue slaue. As the emperour 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 that 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 [*] the duke of Vrbin. And yet neuerthelesse all that letted not, but that the duke of Florence, which had conquered it by force of armes, was constrained to take the inuestiture thereof of the king of Spaine, and to pay therefore sixe hundred thousand crownes, which afterwards the king of Spaine would have againe repayed unto the duke of Florence, to have restored Sienna into the former estate; which he would not do, being enformed that the king of Spayne would have giuen it to the duke of Parma, to reunite Placence and Parma unto the duchie of Milan, from whence they had bene before distracted. And how then could the German emperours, which are subiects vnto the estates of the empire, alienat the demaine and rights of soueraigntie, in giuing the rights of soueraigntie unto the cities of Italie, or libertie vnto the tributarie people; seeing that the absolute soueraigne prince cannot so do? no not so much as to distract one clod of the publike land, much lesse to giue away the proprietie. For kings and other great princes (to say truely) have not the proprietie of the publike demaines, nay not so much as the whole vse and profit: for that[*] contenting themselves with the bare vse, the rest belongeth vnto the common-weale. And for that cause the Emperour Charles the fourth, granting the confirmation of the priuileges to them of Perouze, ioyned thereunto this clause, Quoad vi⋯eret: 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 to doe as is there adiudged. And albeit that they of Genes, who seemed to hold lesse of the empire than any one of the other townes of Italie, where by the marques of Finall (whome they had driuen out of his estate) summoned before the emperour 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 [*] the imperiall proscription, whether it be by sentence of the emperour, or by decree of the imperiall chamber. For the imperiall chamber could not have proscribed Minde, Munster, Magdeburg, and others, had they not bene contained within the bounds and power of the German empire: much lesse could the emperour haue proscribed Genes, if it had not bene within the power of the Germans. And therfore when they of Genes had appealed from the interlocutorie sentence of 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 hath by that definitiue sentence bene maintained in possession of his marquisat, as I have seene by the letters of Signior 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.

Which things although they bee so plaine as that there ought thereof to bee no doubt, but that the cities of Italie on this side the riuers Rubicon and Tiber, excepting some few, are contained within the bounds of the German empire, & so have of themselves no soueraigntie; yet is the same made more euident by the generall consent of all the lawyers of Italie, who deny it to be lawfull for any cities of Italie to make any lawes or customes, contrarie or derogatorie to the Roman laws, published by the commaundement of 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 iurisdiction to be thereby giuen vnto the cities of Italie; but not the rights of maiestie or soueraigntie to be therefore unto them graunted, and that euen for that reason, for that the cities doubting or disagreeing about their right, the emperours were wont to appoint them judges and commissioners for the deciding of their controuersies.

Much lesse therefore may the imperiall townes and cities contained within the[*] bounds of the German empire, pretend themselves to have any soueraigntie, albeit that we see certaine of them to boast of a certaine show of libertie, which they of old receiued from the emperors; as Nuremberg from the emperour Fredericke 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

empire, set themselves at libertie, as did the cities of Vlme, Brunswic, Lubec, and others: but that which they call libertie, is but an old vacation from certaine seruices, and an immunitie from customes and tributes graunted by the emperours, without any impeachment to their maiestie. And therefore those cities which I have spoken of, honour the maiestie of the German empire, receiue from it lawes, obey the magistrats thereof, accept of the decrees of the imperiall chamber, and of the assemblies of the empire: and not onely publique and priuat iudgements of princes and cities among themselves, but also the priuat iudgements of particular men are decided by the imperiall chamber, if appellation be made from the sentence which exceedeth the summe of fiftie crowns. Seeing therefore that the imperiall chamber may of the power of it selfe confirme or disanull the iudgements of princes or cities, it must needs follow, that neither those prinees nor cities have the power of soueraigne maiestie: For as a certaine Poet (I know not who) saith,

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 the[*] German empire, as oppressed with the tirannnie of their gouernours: and yet they so honour and reuerence the maiestie of the German empire, as that they in generall requested

of the emperour Ferdinand, 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, and Lewes king of Germanie his brother. As Vitald, Floard, and Lambert the best antiquaries do in their histories at large declare. Now so it is that the vassall can neuer prescribe for his homage towards his lord, nor the subiect against the iurisdiction of his prince; and that the graunts and sufferances of the emperour, and the kings of France could not preiudice either the crowne or the empire: wherfore we must conclude these possessours of this maiestie by sufference, to bee subiects and vassals either unto ou⋯ kings, or to the German empire.

And albeit that many thinke the duke of Loraine to be an absolute soueraigne, by[*] reason of the Armes that he beareth, being an armed arme, saying, as it should seeme, That he holdeth nothing but of the sword: yet neuerthelesse so it is, that in his title he calleth himselfe a prince of the empire; which is indeed to acknowledge the imperiall

maiestie. Ioyne thereunto also, that he hath vsually receiued judges from the imperial chamber, and submitted himselfe to the iurisdiction thereof. For as for that that hee is the last among the German princes, nor in their ceremonies holdeth not the place of the auntient dukes of Loraine; that is, for that he holdeth but a little, viz. 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 of the empire. For 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 that he had married his daughter 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, comprehended[*] within the bounds of the German empire: neither the lord of Lumes nor the countie of Aspremont, who are contained within the precinct of Loraine, can chalenge unto themselves any right of soueraigntie, as they have done, seeing that it is plaine by the law, that he which hath a limited territorie, hath but the same right over euerie one of his subiects which are within the compasse of his territorie, that hee hath over them all in generall; except it appeare, him by some speciall priuiledge to be free and from the

generall expresly exempted. By which reason all such as pretend a soueraigntie, being enclosed within the bounds and territorie of another man, may bee thereof debarred: which a man cannot so easily iudge of them, which in the frontiers of kingdomes, take upon them a kinde of soueraigne power; as do the five lords or princes in the confines of Burgundie, whome both the free counties, and the dukes have oftentimes chalenged for their vassals: and for the soueraigntie of whome, at such times as they had taken up armes, they obtained of the generals of both parts, that in the meane time they beeing free might be as newters, vntill the euent of the warre had decided the cause: and so at length abusing the long possession of soueraigntie, made of that their right, which they had but by sufferance, a perpetuitie: but as we have oftentimes before said, so wee must hereafter oftentimes say, That neither the right of soueraigne maiestie, nor the[*] right of libertie, can by the client or vassall be prescribed against: and much lesse if it be withholden by concealement or by sufferance. In like sort the countrey of Bearne, betwixt the confines of Fraunce and Nauarre, which the kings atturney generall in the court of Paris maintained to be a prouince holden of the crowne of Fraunce, and disallowed of the plea of the kings atturney of the parliament of Thoulouze, who had confessed it not to hold of the crowne, in the yeare 1505; which although it remaine vndecided, yet the king of Nauarre for all that by sufference holdeth it in soueraigntie. In like case the principalitie of Dombes was maintained by Lizet the kings atturney, to hold in fee of the crowne of Fraunce, and that the duke of Sauoy had no power to giue it to the empire, under the colour of being the emperours lieutenant, which hee showed to be done in the most wofull times of the civill warre, when as the dukes of Orleans and Burgundie had drawne all the whole kingdome into parts, in the yeare 1398: in like manner the princes of East Frizeland, and they which hold the territory betwixt England and Scotland, which they call the Batable ground: as also the abbot of Gosen, betwixt Metz and Pont a Mousson, who holdeth the abbey and twenty five villages, in title of soueraigntie, without acknowledging any superior lord whatso. euer: as also the lords of Beauieu, willing to exemptthemselves from the crowne of Fraunce, yeelded themselves unto the empire, and so by the duke of Sauoy, the emperours lieutenant, were receiued into the protection of the empire, from which they also by little and little exempted themselves, without acknowledging either duke, king, or emperour for their soueraigne.

As for the dukes of Sauoy, the Italian doctors with one common errour haue holden[*] them to have absolute power and soueraigntie, and to have so beene iudged by the decree of the parliament of Sauoy: a thing altogether contrarie unto the office of a lieutenant and vassall. And also Osazque 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

ones selfe to be another mans deputie or officer, (for so the name of a lieutenant doth signifie) or from whom shouldest thou think thy selfe to have the power of soueraigntie in that prouince wherein thou thy selfe bearest rule? But euen the dukes of Sauoy themselves confesse, and all their histories declare, this prouince of the German empire which is now called Sauoy, to have bene a fee of the same empire, erected into a countie (holden of the empire in fealtie) by Henry the fi⋯t; and afterwards into a duchie by the emperour Sigismund. 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 obtaine for him of the emperour another inuestiture: for because that that which hee had before taken at 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.

The dukes of Saxonie and the counties Palatine are also perpetuall lieutenants of [*] the empire; but that is in the emperours absence, to doe iustice unto the princes and imperiall townes, yea euen against the emperour himselfe, (as shall in due place bee declared) and to all them which are of their government: which is a personall office, and not belonging unto lands; neither can he that taketh upon him the qualitie of a deputie, lieutenant, o⋯ gouernour, be feudatarie or proprietarie of those seignories that he holdeth of him whose lieutenant he is. And so the title of perpetuall lieutenantship ought to have relation unto other countries, without the terrritorie and demaines of his countrey of Sauoy: which neither the Swissers, nor other princes of Italie & Germanie could endure, and much lesse the French king, who holdeth nothing of the empire, whereby he might be iusticiable to the lieutenants of the empire. Ioyne hereunto also, that the Emperour Charles the fourth made Charles the sixt Dauphin of Viennois,[*] his perpetuall lieutenant, the xiiij day of Ianuarie, in the yeare 1378. And for that he was but nine yeares old, he gaue him the priuelege of his age, by a most ample and gracious charter, whereunto hang seales of gold, which I have read in the records of our kings. But withall made him perpetuall lieutenant of the kingdome of Arles, (excepting onely the countie of Sauoy) and that more is, gaue him power of life and death over the subiects of the empire; with power also to conferre honors, to impose and raise taxes, and from the same to exempt whome he saw good, to receiue appeales made unto the emperour, to make peace and warre, to giue laws unto the subiects, and to disanull and abrogat the same, and such other like. This lieutenancie was for all the kingdome of Arles, which extended from the mountaine Iura (commonly called saint 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 [*] the French king, had bought of the emperour Henrie the fi⋯t, the soueraigntie of all the realme of Arles, without excepting either the countie of Sauoy, or the principality of Oreng, or Beiauieu, which was afterwards giuen to Lewes 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 seene, from whence I have the exemplifications conferred with the originals, wel worthy to haue bene seene of them who were deputed for the affaires of Sauoy, in the yeare 1562. But that me thinke well worth the marking, that in the deedes of bargaine and sale, are comprised all the lawes of soueraigne maiestie, which the German emperours giue unto themselves in all the prouinces of the kingdome of Arles: wherein are contained the Sauoians, they of Belloioci, they of Prouence, they of free Burgundie, which the emperour 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 the French kings to have the right of soueraigne maiestie over all the people of the kingdome of Arles, and not therefore to owe any fealtie or homage unto the Getman empire.

And at the same time as it were the emperour Lewes of Bauatia made Edward the[*] third, king of England his perpetuall lieutenant; and by his letters pattents gaue him power to make lawes, and to administer iustice to all the subiects of the empire: and that all the subiects of the empire should obey him, and in his name to yeeld unto him fealtie and homage: which was an occasion rather sought for, than offered, for him to make warre upon the French king, who then held Cambray 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

of them take any thing from the other, or molest one the others sublects; as was declared unto king 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 hold[*] nothing of the empire; neither that the emperours have any right in that kingdome. Which is also expresly set downe in the contract of purchase of Philip 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 whome the kings officers there so opposed themselves, as that hee was glad to get him out of the kingdome, at libertie to vse his owne power, which he did in great choller and displeasure. And this was done by the expresse commaundement of the king, 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 the more willingly noted, to show the errour of Alciat, who hath maintained, that the[*] French king is subiect to the empire; which is a wilfull errour or ingratitude, considering the entertainment he had in Fraunce to teach and write the truth: which I thinke not to have proceeded from him of ignorance, but in favour of the emperour Charles 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. For which so many and so great benefits he writ all them to be heretikes, which should deny the German emperour to be lord of all the world: which hee seemeth to have gathered of the words of 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 of[*] Traian 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 mans government under his, although he was in that his hope much deceiued. For intruding himselfe to have made the duke of Lituania a king (whose countrey lieth aboue two hundred leagues from the frontiers of the empire of Germany) hee sent him a crowne and a sword, which for all that the duke refused, neither thought it good to chaunge the name of the 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 the[*] Dukes of Polonia, before they were by the Pope suffered to beare the Royall title; which they refused: and yet certaine it is, that the Kings of Polonia neuer held any

thing of the Empire. Oftentimes indeed the Germaines have attempted to have subdued the Polonians, whose vaine attempts the Polonians have not onely repulsed, but also ioyned unto their kingdom the countries of Silesia and Prussia, both rent from the body of the Germaine Empire. Which when the Prutenian knights had taken in euil part, and thereof oftentimes complained to the states of the empire, yet the emperors thought it not good for to attempt any thing against the Polonians, by whom they had knowne the imperiall armies to have been many times repulsed and ouerthrown. And yet for all this, the Polonians refused not to take their royall scepters from the bishops of Rome. True it is that the bishops of Rome of long time striue with the Germaine[*] emperours for the soueraigntie and chiefe government of the Christian Commonweale, and as chiefetaines of the faction, drew all the Christian princes and cities into armes; so that many cities and Commonweales, especially in Italie, were at such mortall hatred amongst themselves, as that they receiued not greater harme from the enemies of the Christian religion and name, than they did from one another. Neither wanted there some which writ in earnest, al Christian kings to be the bishop of Romes clyents and vassals; and in case that they were foolish, furious, or prodigall, that they might haue ouerseers appointed over them by the pope: which we have before said, to haue been done by pope Innocent 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 with his dooings. Pope 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 s⋯aine also by his bastard brother. Some there have been also[*] which have passed further, saying that the pope hath in power iurisdiction over the emperour; but over all other kings and princes really and indeed: excepting over the French king, whom the canonists themselves confesse, indeed, and ofright to acknowledge none greater than himselfe under God. Which Belluga 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. But these great clearks which thus giue the popes power over other princes, have no better reason for that they say, than the authoritie of pope 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, that hee of himselfe may giue priueleges, exemptions, and immunities unto another princes subiects contrarie to the decrees and lawes of all princes; and that he is the only and supreme vmpiere and judge of all mans lawes. And what maruell if he rule ouer princes, which commaundeth over angels? For so truely 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 graunting it to be so, do yet more subtilly, and as it were in two words moderat the same, 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 unto the emperour, or the pope, or not.

For at the beginning, after that pope Gregorie (he which first called himselfe the seruant[*] of the sernants of God) had obtained of Phocas 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,

surnamed 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; wherein they were not of their hope deceiued. For hereupon, Pipin Grande[*] Mr. of Fraunce (a man of great wealth and power, who then disposed of all the affaires of the realme) with a great army passing ouer the Alpes, ouerthrew and discomfited the power of the Lombards, and afterward going to Rome, was the first that gaue unto pope Zacharie, 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 Fraunce made so much the lesse resistance, for that Pipin then had the nobilitie and the armie of Fraunce at commaund: and for that the pope (who as then was esteemed as a God upon earth) was the author thereof, unto whome 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 Exa⋯chat of Rauenna, which contained thirtie cities, and the prouince of Pentapole, which contained sixteene cities moe: which he after the victorie performed, laying the keyes of the said cities upon Saint Peters 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 then vsed, but the emperours of Constantinople. But 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 were[*] for the distrust they had to obtaine that dignitie of the kings of Fraunce, hauing no favour in the court; or through the negligence of the French kings, who had thereof no great care; or that it was by reason of the great civill warres which arose betwixt the children of Lewes 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⋯owne, & to make himself a monke, and the queene his wife a nunne, shut up apart from her husband in a cloister with other nunnes, who yet were againe afterwards delivered by the princes and nobilitie of Fraunce, (disdaining to see the pride of the clergie) and so againe restored unto their former honours.

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,

and to the third the kingdome of Italie: 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,[*] who better vnderstood to mannage matters of state than had his predecessours, and was the first that used the rigour of excommunication against princes, hauing excommunicated 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 that[*] they still by little and little extended their power and government: which especially hapned at such time as Guiscard 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 power, made choice of another pope (one of his own fauorites) than was he whom the colledge of cardinals had before chosen: which was pope 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 creating of the bishops of Rome, leauing the kingdomes of Naples and Sicilie unto his base sonne 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 kindred[*] succeeded the posteritie of Manfred, 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 ⋯ound meanes to gaine the popes favour, and so made themselves the popes vassals, not onely for the kingdomes of Naples and Sicilie, but also for the kingdomes of Arragon, Sardinia, Corsica, Maiorque, and Minorque: which they partly did also for to obtaine the popes pardon for their offences, as we have before said. The bishops of Rome in the meane time out of the troubles of these two great houses, encreasing their owne power and profit, peaceably enioyed the territorie about Rome, Spolet, and Beneuent, with a good part of Tuscanie, by vertue of the donation which wee have before spoken of.

As for the citie of Rome, sometimes mistresse of the world, they brought it vnder[*] their obeysance, hauing by little and little oppressed the libertie thereof, no man gainsaying

them. Albeit that Charlemaigne 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 that[*] had done any notorious crime, or not obeyed the popes commaund; hee was by the pope forthwith excommunicated: which was occasion enough to cause his subiects

to reuolt from him, and to arme other princes against him which was so excommunicated; who then had no other meane left to be againe receiued into favour, but to make himselfe feudatarie to the Church of Rome, and the popes vassall. As I have before said of Iohn 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 as we yet see them to doe: which whether it be true or no, I dare not to affirme, neither could the Polonians tell me the cause thereof when I asked it of them: but manifest it is by auntient records, that after the murther of that bishop, the kings of Polonia all thought they had the power of soueraigne maiestie, yet were they called but by the name of dukes, vntill the time of 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 we[*] read in their histories. And beside those kingdomes which wee have spoke of, 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 pretended the soueraigntie of the kingdome of Hungarie, to belong unto them, and so it is comprised in the Catalogue of the Chauncerie of Rome. And I have seene in the Vatican Register, an act dated in the yeare 1229, whereby 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 against the popes Legat, alleaging Saint 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 him of his kingdome, and to giue it to him that was next of kin. Which a man need not to thinke strange in those times, seeing that at the same time wee see the prohibitions made by the pope unto the counties of Tholouze, (and inserted into the Decretals) that they should not raise any new charges upon their owne subiects. As for the kingdome of Hierusalem and Syria, wonne by 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 honourable order of S. Iohn Hierusalem, which was composed of eight sundtie people [*] of diuers language, they were alwayes inuested by the pope, and yet do fealtie and homage unto the popes for the soueraigne power which they have over the knights of their order: albeit that they did homage also unto the emperour 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 taken[*] from Peter 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

queene of Nauarre, hauing caused her to be cited to Rome; and afterward for default and contumacie, causing her by his commissioners to bee condemned: had not king 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

the soueraigntie of the kingdome of Ireland, which we said to have bene under the fealtie of the bishop of Rome, since the time of 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 of[*] Rome, and to have bene indeed giuen, as the bishops themselves vaunt; they must also

confesse themselves to have bene vassals unto the German empire. But for that it seemed a dishonour to the bishop of Rome, which said himselfe to have power over all princes, to be accounted a vassall and client of the emperours; they said (but falsly) the soueraigntie of all the cities of Italie, which were within the dominions of the Church of Rome, to have bene by the emperours graunted unto the bishop of Rome. And to exempt themselves, they produce a donation which I have read in the Vatican register without date or name of bishop, whereby Otho 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 number of which cities are these contained: 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 that they hold and which are members of the German empire. But if the emperours could not without the consent of the princes and cities of the empire, giue away the publike territories and rights of soueraigntie; and that the imperiall and publike territories cannot be encroached upon; and much lesse the right of soueraigntie and patronage, whose authoritie for euer over the subiects and vassals cannot bee prescribed against; it must needes follow, the popes to bee the vassals of the German empire.

The same we may say of the election of the bishops of Rome, which the German[*] emperours pretend of right to belong unto them. For the emperour Frederick the second to have absolution from pope Innocent the fourth, caused to be delivered unto

him his letters pattents, sealed with a seale of gold, dated the yere 1229: whereof I have seene the extract, and of his empire the seuenth, and of his raigne in the kingdome of Sicilie the xxij. Whereby he entirely renounceth the right of election which he had in the creating of bishops, vsing these words, Illum abusum abolere volentes, quem quidam praedecessorum vt electiones libere fiant & c⋯nonice, 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 the name and title of emperours, got by the prowesse and force of 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 [*] compelled the clergie to sweare, not from thenceforth to admit any into the papacie, without the consent of the German emperours; as we have learned out of the Vatican records. But 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 second: which when the emperour Henry the fourth vnderstood, he sent them Cadol bishop of Parma for pope, who although he were so receiued in all Lombardie, yet was he thrust out by pope 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 the emperour made 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 to the holy Catholique Church, all inuestiture to bee made by Ring and pastorall staffe, and do graunt Canonicall election to be made in all the Churches which are in mine Empire. Neuerthelesse 229 yeares after, the Emperour Lewes of Bauaria created Nicholas the fift bishop of Rome: Iohn the two and twentith, a Frenchman, then ⋯itting as pope at Auignion, who peremptorily citied the emperor to appeare before him and for default & contumacie, pronounced sentence of excommunication against him: The emperour likewise on the contrarie side summoned the same pope 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 unto Pisa, was by the citizens there betraied into the hands of pope 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:[*] after whose fall the German emperours thought it not good afterwards to attempt any thing against the bishops of Rome. But to the contrarie the emperour 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. After the kissing of your blessed feet, &c. Which words we see still repeated in all the emperours letters unto the bishop of Rome, euen from the time of Lewes of Bauaria, vntill now.

There is also extant in the Vatican, the forme of the coronation of the emperors,[*] and by the emperour 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

other ceremonies at large set downe in the Vatican records, which it is needlesse here to rehearse. And yet one thing more is worth the marking which is not in the record expressed, which is, that the emperour to receiue the imperiall crowne, must goe to seeke the pope wheresoeuer he be, and to follow him if hee chaunce to remoue; as did the emperour 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, was[*] glad thither to follow him: that so the dutie of an inferiour prince towards the maiesty of his superiour might the more plainely be perceiued. But after the death of Charles 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 empire: neither would he admit the emperours lawfull excuse, vntill hee was by the requests and meditation of the French king, and of the king of Spaine appeased: which the German princes tooke in euill part, seeing they had promised unto Ferdinand to imploy their whole power for the defence of the ma⋯estie of the empire, against that the popes enterprises; as I have learned by the letters of the kings ambassadour,[*] dated at Vienna, in Iuly 1559. And to show a greater submission of the emperours unto the popes, the subscription of the emperours letters unto the pope, is this, Ego 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 most humble and seruile manner kissed the popes feet, in the open sight of the people, and the greatest assemblies of many noble princes, at Bononia, Rome, and last of al at Marsielles in Prouence, where were met together the pope, the emperour, the kings of Fraunce and Nauarre, the dukes of Sauoy, of Buillon, Florence, Ferrara, Vitemberg the Grand Master of Malta, with many other princes and great lords, who all kissed the popes feet, except the dukes of Buillon and Vitemberg, Protestant princes, who had forsaken the rites and ceremonies of the church of Rome. In farre more base[*] sort did that duke of Venice humble himselfe (who of the Venetians themselves is called a dog) for that he with a rope about his necke, and creeping upon all foure like a beast, so craued pardon of pope Clement the 5. But nothing was more base, than that which almost al historiographers which writ of the popes affairs, report of the emperor 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,[*] by the power (should I say) or by the outragiousnesse of the Bishops of Rome, to have bene so diminished, as that scarce the shadow of their antient maiestie seemeth now to remaine. They also say themselves to be greater than the emperours, and that so much greater, as is the Sunne greater than the Moone: that is to say, six thousand six hundred fortie and five times, if we will beleeue Ptolomee and the Arabians. And that more is, they have alwaies pretended a right unto the empire: for the imperiall seat being vacant, they have giuen the inuestitures unto them which held of the empire, and receiued of them their fealtie: as they did of 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: howbeit that both of them, as all others also in general, are of right to attribute all their power unto almightie God. Neuerthelesse the emperour 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,[*] or excommunications, were wont with other nations, to draw the subiects from the obedience and reuerence of their prince: but such hath alwaies bene the loue of our kings towards their people (and so I hope shall be for euer) and the loyaltie of the people towards their kings: that when pope 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 with his armie into the popes territorie, who tooke the pope prisoner, (giuing him well to vnderstand that the king was not his subiect, as he had by his Bull published) but seeing him through impatiencie to become furious and mad, he set him againe at libertie. Yet from that the popes interdiction, the king by the aduice of his nobilitie and Senat, appealed unto a generall councell, which had power over the pope, abusing the holy cities. For the king next unto almightie God had none his superiour, vnto whom he might appeale: but the pope is bound unto the decrees and commaunds of the councell. And long tims before 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 world. 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 of Tholouze condemned of treason. True it is, that they which have thought better to assure the maiestie of the kings of Fraunce against the power of the pope, have obtained the popes buls whilest they yet sate in the citie of Auignion to bee exempted from their power. And namely there is in the records of Fraunce a Bull of pope 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 which was afterward by seuen popes successiuely confirmed, viz. by Gregory the viij. ix. x. xj, Clement the fourth, Vrban the fift, and Benedict the twelft; whose bul⋯ yet remaine in the records of Fraunce: which yet seeme unto me not to encrease, but rather to diminish the maiestie of our kings, who were neuer in any thing beholden unto the popes. And that more is, the court of parliament of Paris, hath by many decrees declared that clause, Auctoritate Apostolica, By the authoritie Apostolicall:[*] vsually inserted into the popes rescripts sent into France, to be void, meere abusiue, and to no purpose: and therefore it behoueth him, that would helpe himselfe by any such the popes rescript, to protest in iudgement, That he would not any way take benefit of that clause. By all which things it is plainely to be vnderstood, not onely the kings, but the kingdome of Fraunce also, to have bene alwayes free from all the popes power and commaund. For as for that which 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 pope 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 leaueth not to bee king, without any coronation or consecration, which are not things of the soueraignty. And that no man can deny, but that if the donation of the exarchat of Rauenna & Pentapolis, one of the fairest countries of al Italie, be made by the kings of Fraunce unto the popes, and the church of Rome; it is also holden of that crowne of Fraunce: seeing that the confirmation of the seignories so giuen, was requested of 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 have needed any of king 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 popes) confesseth, that the exarchat of Rauenna, Romandiola, the duchie of Vrbin, and part of Tuscanie, were giuen to the Church of Rome. But hee speaketh not of that which I have read in the extract of the Vatican register, 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 yeare 876, who therein confesseth the great largeses and donations bestowed upon the church of Rome by 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 v⋯am 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 Aethiopia[*] commonly called Prester 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,

than verie slaues do unto their lords: as a man may see in the historie of 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 assurance[*] we have by the writings and reports of others, much differing among themselves. Yet neuerthelesse so it is, that in one chapiter of the Alcoron, it is expresly for bidden all the Musulman (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

aboue all their princes, giuing kingdomes and principalities, to whome they thought good, in name and title of governments: which may be also the cause that no Musulman prince weareth a crowne upon his head: albeit that before the most auntient kings of Asia and Afrike did weare crownes. And namely 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 great Caliph, the princes of Persia, the Curdes, the Turkes, the Tartars, the Sultans of Aegypt, the kings of Marocco, of Fez, of Telensin, of Tanes, of Bugia, and the people of Zenetes, and of Luntune, exempted themselves from the obeysance of the Caliphs, to hold their kingdomes in soueraigntie: as also the kings of Tombut, of Guynee, of Gaoga, and other kings, which dwell more into the hart of Afrike, who know not the Caliphes commaund, neither acknowledge any greater than themselves: except they[*] which hold in fealtie and homage of the king of Portugall, as the kings of Calecut, of Malachie, of Cambar, and of Canor, whomethey haue compelled so to do, and to pay them tribute; hauing also subdued all the sea coast of Afrike, and of the East Indies, and almost in infinit number of places built fortresses; yea and in the island of Ormus euen under the nose of the Persian king, hauing built a most strong castle, and straitly exacting tribute and custome of such as passe that way, or chaunce to arriue in the Persian gulfe; and had done the like in the red sea, had not 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 member[*] of the kingdome of Castile: which for the greater part holden by force by the Moores, was giuen to Henrie, 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 vassals exacted, they knew not what it ment. For 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 used the like authoritie and right over the princes under their dominion, that the Romans exercised over them, enforcing them to bring their yearely tributes into their treasuries.

Yet is there difference betwixt a tribute and a pention: for a pention is paid in respect[*] of fealtie, or in time of warres to receiue aid against our enemies: but a tribut is giuen, thereby to have peace; howbeit that he which receiueth such a pention, commonly boasteth of it, as of a tribute: as the kings of England called the pention of fiftie thousand crownes, which Lewes 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

denyeth it to have bene either pention or tribute; yet needes it must bee either the one or the other. So the Grand Signior calleth the German emperour his tributarie, for the pention which he payeth euerie yeare for the peaceable enioying of a part of Hungarie. The Venetians also, the Genowayes, the Ragusians, the kings of Algiers and of Tunes, in his letters and in the conuentions of peace, he calleth by the name of his great friends and allies, but accounteth them indeed his tributaries. But the great Precop Tartar, who in auntient time was soueraigne of all the realmes from Volga to Boristhenes, held all the princes and lords of those countries as his vassals and tributaries, who not onely kneeled before himselfe, but stood before his ambassadours sitting: For so the Knez of Moscouie behaued himselfe before the ambassadours of this Tartar prince, and was therefore of other princes commonly called but by the name of a duke: howbeit that the dukes of Moscouie, for this and diuers other such indignities cast off the seruile Tartars yoke, in the yeare 1524. And the first that reuolted from them was B⋯silius 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 [*] more or lesse soueraigne: as 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 [*] acknowledged no man greater than himselfe, so long as he had his sword in his hand.

And yet among soueraigne princes there is a certaine prerogative of honour due[*] unto the more auntient Monarches and Commonweals, although they bee in wealth & power inferior unto them that be more new or of later time: as we see amongst the xiij Cantons of the Swissers, who are all soueraignes, acknowledging nether prince nor monarch in the world for their soueraigne: the Canton of Zurich in all their assemblies

[*] hath the prerogative of honour: For their deputie as a prince in the name of all the rest of the Cantons, receiueth and dismisseth the ambassadours of other kings and Commonweals; and unto him onely it belongeth to call a generall assemblie of all the states of the Cantons, and againe to dismisse the same; albeit that the Canton of Berne be much greater and stronger: Next unto them of Berne, are Lucerne, and Vri, albeit that they are defended neither with wals nor ditches, no more than are the Schwits, and Vnderuald, which follow in order unto them of Vri: then follow after them Zug, Glaris, Basill, Friburg, and Soleurre. Now haply a man may say, That this is done according to the time that euerie Canton entred into their alliance: which is not so; for by their treaties it appeareth, that the first that entred in that confederation and alliance were they of Vri, Schwits, Zug, and Vnderuald.

Sometimes also the more auntient Monarches and Commonweals lose their prerogative of honour; as when they put themselves into the protection of latter princes,[*] or yeeld themselves tributaries: in which case it is most certaine, that they are alwaies lesse than the other into whose protection they put themselves, or unto whome they pay tribute. As it chaunced almost to all kings and princes which sought the protection of the Romans: whereas others which were come into equall alliance with them, as the Hed⋯i, were in their leagues called their confederats, their equals and brethren: and yet for all that, they in truth and effect were inferiour unto them in honour. And verily Augustus the emperour showed himselfe wonderfull ceremonious and difficult

in the honours which he bestowed on kings and princes, allies and under the protection of the empire of Rome; making Tetrarques, inferiour unto Ethnarques, and these inferiours unto kings; and the more auntient allies of the Romans, superiours unto the rest that came into their alliance after them. And albeit that the Romans in the flourishing time of their popular estate, seemed not much carefull of such ceremonies of dignitie and honour which is of kings and princes more regarded, yet did 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 of Macedon, unto the other: and Perseus for that he was a king, refusing to come over unto the Roman ambassadour, the ambassadour yet by sweet speech drew him ouer: Which he did (as he said unto the ambassadors of the allies and confederats there present with him) to show that the honour of the Romans was greater than that of the Macedonian kings; who for all that would in nothing giue place vnto the Romans. Yet was there a greater cause than that, which 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 ouerthrowne and vanquished by 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

as he certified him by his letters, was by the charters of fealtie, forbidden the kings of Naples to take: whereas for all that, in all the records which wee have got out of the Vatican, that is not onely not forbidden, but the name and dignitie of the king of Naples and Sicilie expressely set downe, as namely in the inuestitures of 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 to[*] Cosmus 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, next unto the pope, whether it be for that he is chiefe of the German empire, or els hath got it by long prescription of time. So also next unto the emperour, all other princes have used to giue this prerogative of honour unto the French kings; not only for the long possession thereof, but also for that in all the world (whether you looke among the Christians, or the Tartars, the Turkes, the Ethyopians, the Indians, or Barbarians) is not to be found so auntient a kingdome, or such a continuall discent of kings of the same stocke and line as is among the French kings. And therefore Baldus (being himselfe an Italian Lawyer and a subiect of the empire) sayth well, That the French king carieth the crowne of glorie aboue all the kings, who have alwaies giuen him that preheminence of honour. And there is also yet extant an epistle of pope 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 emperour held the imperiall seat of the empire: Howbeit that yet neuerthelesse the Germane princes the 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 and fruitfullest prouinces of the kingdome of Spaine, had bene dismembred and rent from the kingdome of Fraunce: than which nothing could in that kind have beene more truely spoken; for by our kings, the authoritie of the bishops of Rome hath bene delivered from contempt, their wealth encreased, and their power confirmed.[*] Wherein the pope also in some sort amended the errour committed in the councell of Trent; where 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, requested that he might not so inuert the order of the ambassadours: saying, that otherwise he would himselfe forsake the Councell, and cause the French bishops to depart thence also. Whereunto the Spanish ambassadour craftily answered, That as he would not go before the French ambassadour, so would he not be enforced to follow him; and so tooke his place by himselfe apart from all the rest of the ambassadors. Yet notwithstanding these two former decrees which I have spoken of, the Spanish ambassadour not long after at Vienna in Austria, earnestly requested of the emperor, That he might goe in the same degree and order with the French ambassadour; or that they might at leastwise go formost by turnes (as did the Roman Consuls, who had the preheminence, the twelue sergeants, and power to commaund, successiuely, each of them his day) which 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 publike[*] assemblies. The Senat of Polonia troubled with the same difficultie, thought it not good to preferre one ambassadour before another, neither to preferre them by turnes, or yet to make them equall: but decreed of all ambassadours in generall, that as every of them first came into the frontiers of the kingdome of Polonia, so should they be first in order heard. And so accordingly M. 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 death of queene 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 conferring[*] of honours, it was decreed, That the French kings place should be aboue the rest, next unto the prince on the right hand; where before was the place for Spaine, while king Philip 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 her owne was, as the king was aduertised by 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

chiefe place unto himselfe. We know right well that the Venetians, the Rhagusians, the Genowayes, the Moscouites, and the Polonians, are in league with the great Turk, and yet hath he alwaies giuen the prerogative of honour unto the French king, calling him in his letters the Greatest, and 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 auntient[*] emperours of Constantinople, who bare in their armes foure B. which we call Fusills, wherby thesewords are signified; ⋯, that is to say King of kings, raigning over kings. Which was the title that the kings[*] of Babilon in auntient time tooke upon them also, as we may see in Ezechiel, who calleth the great king Nabucodonosor ⋯ that is to say, King of kings; for that all the kings of Asia were unto him tributaries: after which the kings of Persia hauing ouercome the kings of Asiria, as 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 maiestie, but only of his Highnesse, his Serenitie, or his Excellencie, as wee have before said. Wherfore seeing that princes Tributaries, and Feudadaries, are not to be accounted absolute soueraignes; neither they which are in the protection of others: let vs now speake of the true markes of Soueraigntie, thereby the better to know them who they be that be such.