The history of that most victorius monarch, Edward IIId, King of England and France, and Lord of Ireland, and first founder of the most noble Order of the Garter being a full and exact account of the life and death of the said king : together with that of his most renowned son, Edward, Prince of Wales and of Aquitain, sirnamed the Black-Prince : faithfully and carefully collected from the best and most antient authors, domestick and foreign, printed books, manuscripts and records / by Joshua Barnes ...

IX. Reasons alledged by the KING of ENGLAND for his Right and Title to the Kingdom of FRANCE.

UPON Supposal, as it is evident and notorious in Fact, that Philip of Fa∣mous Memory, sometime King of France, the Father of Charles of Honou∣rable Remembrance King of France, last deceased, and of the most Gracious Lady, Isabell Queen of England our Mother, * 1.1 was our Grandfather by the Mothers Side: Then was no Male surviving, nearer than We to the same King Charles, at the time of his Death, of all those, who were descended with him from our Grand∣father

Philip Uncle to our Adversary. Now the Person of a Woman is not capable of that Kingdom by a Law therein anciently observed, which Law by way of final Cause respecting the Favour of that Realm, lest the State thereof should decline un∣der the Weak Government of a Woman, by Excluding the Person of a Woman doth not therefore exclude the Person of a Man descended of a Woman so excluded: Lest Matters Odious should be extended (which is Odious in Law) from Person to Person, from Sex to Sex, from Cause to Cause, from Hatred to Favour: And lest the Feminine Gender (which is contrary to all Rules of Law) should comprise the Masculine, * 1.2 espe∣cially in a case of an Odious Nature. For to this end the Law before mention'd exclu∣deth the Weakness of Women from bearing Rule, that more Profitable Provision might be made for the State, and that the next Male, no otherwise debarred, might be Assumed into her Place, especially to that Right, which did not first spring from the Mother so excluded, but is originally derived and propagated from the Grandfather to the Grandchild. Otherwise by this odious Enlarging another Absurdity in Justice would ensue, that the Nearer Collateral should be excluded, and the more distant and remote brought in: Seeing that by the Law of Nature and of Nations, Brothers and Sisters and their Sons are preferred in mutual Succession before other Collaterals in another Line. So that upon this Statute, which is made in Favour of the Kingdom, and in Hatred of a Woman being debarred from the Kingdom, Occasion should arise both of Vio∣lation to Law, and of Injury to such Males as are descended from a Woman.

Neither can We conceive, that the Intent of the Law here mention'd is so unjust, as that the Mother and the Son upon Dislike Reason should be condemned and punish∣ed alike. Yea, by the Contrary Judgment of the same Law, whereby the Mother is expelled from Succession, the Son entring into the same Degree of his Mother, suc∣ceedeth in her Place; like unto that Son, who riseth into the Degree of his Father or Mother deceased, * 1.3 that he may be received in equal Terms with his Uncles to the Succession of his Grandfather: That so the Sorrowfull Mother being stripped of her Royal Inheritance by Rigour of this Statute should in Right receive some Sol••ce by Substitution of her Son, and not one Heaviness to be heaped upon another, which the Up∣right Consideration of Law doth abhorr; as we see even where a Charge of Calamity cometh, not by the Law, but by Misadventure; as in that Law, whereby the Custom is condemned, which permitteth another Man to take the Goods of them that suffer ship••reck. By which Reason that which is corrected in express Disposition of Law, for avoiding an Encrease of Grief, is more strongly prohibited in the secret Dispo∣sition.

Let it therefore more than fully suffice, that by the Law of the Realm of France, the Mother is cut from the Royal Stem, not by any Default in her Self, but by the Fact of Nature which framed her a Woman: And that by Express Law she suffereth a certain Shipwrock in her own Disinheriting; althô she be not by any secret Consequence of the same Law, contrary to the Course of Justice, wrecked again with her Disinheri∣ted Son: * 1.4 And so against all Rules and Reasons of Law, one should be burthen'd with anothers Hate. Whereas the Right, from which the Mother is excluded, is in such sort given unto the Son, that the Mother receiveth nothing by this Office and Charge of the Son. So likewise we shall find Punishment enlarged without Offence, whereas it should be mollified and restrained, * 1.5 even where there is Offence. Otherwise, if we should understand, that because the Mother is not to be admitted to the Kingdom, the Son must be in Right expelled from the same; the Kingdom of the Jews (contrary to the Foundation of our Faith) should not lawfully have come to JESƲS CHRIST, who not by Society of Man, but by the Working of God, was born of the Virgin Mary, a Woman descended from the Royal Stock of David, neither admitted, nor [perhaps] to be admitted to that Kingdom; yet we do assuredly believe, that he was then True and Lawfull King of the Jews. And far be it from our thoughts, that JE∣SƲS the Son of David by Royal Succession, should either break or unty the Knot of Observing the Law, seeing he came to accomplish the Law, and not to break it. And this Excellent Example of Lawfull Succession may reasonably stop their Mouthes, who babble against our Right to the Realm of France, viz. That they be not separa∣ted, either by Constitution or Construction of the Law, in Regard of Lawfull De∣gree and Order of Succeeding, whom in that Regard the same Reason joyneth as Equal.

Neither were we duly called in this Business, * 1.6 which did so greatly concern our Pre∣judice; And moreover our Procurators, who were then in France, that for Us and in our Name, they might propose and oppose what should be Expedient, were not only not

admitted in Judgment but repelled with terrible Commination of Death. And so that which was passed by the Twelve Peers of France, doth nothing relieve or justifie our Adversary. And if the Examination of our Case had pertained to the said Peers, which it did not, because they are not our Competent Judges: Yet they setting apart the Office of Judges, did unjustly (in regard of Us, to whose Minority, to whose Tender Age at that time Favour should have been afforded) perform the office of open Spoilers, whose Process in Prejudice of Us, althô it had been made by Competent Judges, our Minority should have rendred of no Effect. * 1.7 And yet the same could not stand in Force against a Man of Age, being debarred from such Defence as proceedeth from the Law of Nature, which cannot be taken away by any Prince or Positive Law of State.

Let us see now, what flattereth the Conscience of him, that possesseth the King∣dom of France, due and devolved unto Us by Right; upon what Favour of Law he feedeth, with what Colour of Justice he is cloaked, when he wanteth Ground of Law to sustain the Justice of his Cause against Us. Among other things he is said to pre∣tend Objections taken from Us; * 1.8 the Homage which We acknowledged unto his Grand∣father for the Dutchy of Aquitain, and the Oath, which We made unto him for the same. That He, who could say nothing in his proper Right, might find somewhat to say by fetching Objections to oppose, from Us: Supposing it sufficient to supplant a Child, as We were then, that he had against Us Full and Free Rule in the Realm of France.

But the First of these is taken away by Authority of special and express Law, * 1.9 where∣by a Minor is relieved in his Harms, insomuch as an Act tending to his Grievance is altogether void. Therefore the Acknowledgment of Homage done by a Minor, over∣carried by Weakness of Age to his Exceeding Loss, and also (as it appeareth by the great Prejudices upon the same Homage intended against Him) circumvented, doth not endammage that Minor, whom the special and good Provision of Law preserveth from Harm. For who will not say, that a Minor is both harmed and deceived, if by acknow∣ledgment of Homage He shall unduly both subject his Dutchy, and also lose the King∣dom of France, when (as it is said) it is Notorious in Law, that this Minor is King of France, to whom alone and to none other, as King that Dutchy is subject. For when the Duke of Aquitain becometh also King of France, the Dignity of a Duke settleth in the Kingdom, and is incorporated and confounded with the Royal Dignity, and the Name thereof is extinguished, as being a less thing adjoyned to the Greater: Even as when a small River runneth into a greater, both the Waters and the Name are therein drowned. For who will say, that ever it was thought, that a Minor in express Terms acknowledging Homage for a Dutchy, shall secretly lose his Right to a most Excellent Kingdom? And so in the Speech utter'd by a Minor, exceedingly both dam∣nified and deceived, not only that shall be comprehended, which is expressed, being respectfully not great, but that also which is very Great, being neither expressed nor imagined. Whereas if small Matters be expressed, and a General Clause followeth, the Clause compriseth no Matter of higher Nature, than was before expressed. Neither doth the Law intend that Thing to be spoken, which appeareth not to have been meant.

The Second Objection of the Oath made by the Minor in acknowledging his Ho∣mage, is altogether untrue, as it may appear by sight of the Homage, * 1.10 which was ac∣knowledged. And that Argument which is said to be inforced against the same Minor, viz. that Homage simply made is taken by Custom to presuppose and imply an Oath, cannot work any Raim to the Minor: For such Custom is deny'd, and althô it should without prejudice be granted; yet is it not of force (as before is touched) to hurt a Minor, that by doing Homage he shall be said so to be engaged by his Oath; that the Extremity of the Novell Constitution, Sacramenta Impuberum, should take place against him. * 1.11 For seeing that Authentick Constitution doth rigorously and newly dispose against Wretch∣ed Minors, who are endamaged, in that an Oath shall prejudice them, in Contracts con∣cerning Affairs of their Estates; this must be understood of a true Corporal Oath, Generally for restraint of things, that are Odious, and especially, that those Acts, which take away Re∣ligious Relief of Minors, be not drawn into Consequence. For a Civil or Imaginary Act is not of equal Force with a Natural Act, which is required in an Oath, to the Pre∣judice of a Minor; where the Law doth not specially ordain, what shall be held of like estimation.

Also the Words of the said Authentick do exclude the Reason of an imaginary Oath; for that it saith not simply—The Oaths of them under Age, but—The Oaths

of them under Age voluntarily made. For an Oath voluntarily made by a Minor is of such a Nature, that it can by no reason be equall'd by an Oath, which a Minor shall be imagin'd, or supposed, to have made, except special Constitution of Law shall so pro∣vide. Those Oaths likewise, which are called Voluntary, or are supposed by General Custom, receive no derogation by special privilege, granted unto Minors. Also by Au∣thority of Great Doctors the said Authentick requireth an Actual Oath to exclude a Man from impugning an Act by reason of his Minority in years. Of whom some, mo∣ved perhaps by too free favour to prevent and provide against the Grievances of Mi∣nors, do then only admit of this Authenticall, when full Puberty, to wit, the Age of XVIII Years, is accomplished: That the Written Rigour to the cruel undoing of Mi∣nors, may so proceed, that it shall rather fall than rise. But here it was not sworn in that manner, or by such a Person, the Minor being within the Compass and Course of that time. Yea, the Truth is; That no Oath was made at all.

Thus were the several Causes of the two Kings set forth and maintain'd by Law and Argument, but 'tis seldom heard, that ever a Crown was won by pleading; the sword being too Powerfull for the Law, and Prejudice more prevalent than Justice or Reason. Wherefore now we hasten to the second Argument, which was to be discussed in the Field, but as yet the two Main Disputants were not matched together. However a 1.12 first of all the Duke of Guelders and the Duke of Juliers, who were perfectly English in Heart, as well as in Blood, took it in extream Indignation, that the French King had sent a Defiance to so Mighty a Prince, as King Edward, by the Hands of a mean Va∣let; horribly in their minds blaming both him and his Council, for putting so unworthy an Affront on so Honourable a Monarch.

For, said they, the War between two such Potent Kings ought surely to have been published and denounced by Persons of the best Rank and Quality, as Prelates, either Bishops or Abbots, or some Noble Baron or Valiant Knight at least; and not by a simple Valet, as the French King had most insolently and presumptuously done.

Wherefore they vow'd forthwith to send and defie the French King, resolving shortly after to invade France with Fire and Sword, and there to leave such Marks of their Resentment, as should be legible for more than 20 Years following. Althô this their Resolution was disappointed by the Celerity of the French King: For hereupon the Earl of St. Paul, being order'd to joyn with the Duke of Brabant, went against these two Dukes of Juliers and Guelders. Toward the Declining of this Year b 1.13 the two Parties met together in a place, called Baeswilder, between the Rhine and the Meuse; where after a Bloody Fight, on the one side, the Duke of Juliers was slain, and on the other the Duke of Brabant taken Prisoner; but soon after by the Emperours means he was deliver'd and so this Matter was ended.

Notes

• * 1.1

  1 Reason, Pro∣ximity in the Descending Line.
• * 1.2

  2 Reason, Re∣straint of things odiou••. 3 Reason. the Femin. Gender compriseth not the Mascaline. 4 Reason, De∣rivation of Right from the Grandfa∣ther by the Mother. 5 Reason, Ab∣surdity in Law. 6 Reason, The Descending preferred be∣fore the Colla∣teral. 7 Reason, the cause or reason of the Law ceasing.
• * 1.3

  8 Reason, the Son entreth in∣to the Degree of his Mother to succeed his Grandfather. 9 Reason, One vexation not to be added to another.
• * 1.4

  10 Reason, One not to be bur∣then'd with a∣nothers Hate.
• * 1.5

  11 Reason, Pu∣nishments to be restrained. 12 Reason. from an Instance of great Autho∣rity.
• * 1.6

  13 Reason, be∣cause not cal∣led.
• * 1.7

  14 Reason, be∣cause in Mino∣rity.
• * 1.8

  Two Objecti∣ons, Homage and Oath.
• * 1.9

  The First Ob∣jection answe∣red.
• * 1.10

  The second Co∣lour removed.
• * 1.11

  Answer to the Novel Consti∣tation Sacra∣menta Impube∣rum.
• a 1.12

  Frois. c. 252. f. 153.
• b 1.13

  Mezeray p. 83.