The history of the government of France, under the administration of the great Armand du Plessis, Cardinall and Duke of Richlieu, and chief minister of state in that kingdome wherein occur many important negotiations relating to most part of Christendome in his time : with politique observations upon the chapters / translated out of French by J.D. Esq.

Troubles in Lorrain hapening upon the Will of Henry Duke of Lorrain.

IT remaineth that I should now write of some Affairs which passed about the end of this year in Lorrain, and which have such a dependance on the concerns of France, that I may not let them slip. Henry Duke of Lorrain, a little before he dyed, finding himself without Sons, did by his Will invest his eldest Daughter Madam Nicole, whom he had married to Charles de Lorrain, eldest Son to the Count of Vaudmont, his younger Brother, giving her to understand, that Lorrain and all that which belonged unto it, did really appertain to her, and that Charles her Husband had no right to it, but onely in consideration of her. However the Count de Vaudmont, desirous to preserve it to his Son, in case he should outlive his Wife, pretended himself to be heir to the Dutchee, by virtue of the Will of Rey∣nard, King of Sicily; and Duke of Lorrain, his Great Grandfather, dated the twenty fifth of May, in the year one thousand five hundred and six, which untill then he had never heard of; by which the said King foreseeing the ruins which u∣sually happeneth to great Houses, by subdividing those possessions which once be∣longed to them, had incorporated the Dutchees of Lorrain and Bar, the Marqui∣sate of Ponta-Mouson, and the Earldom of Vaudmont, and constituted his eldest Son Anthony, late Duke of Lorrain, sole heir of the said Soveraignties and Lord∣ships, willing, and ordaining, that his descendents should succeed him from Male to Male, gradually, and one after another, and that the Daughters should not at all pretend to it. He left in division to Claudius his youngest Son, the possession of Guise, Elbauf, Aumalle, Mayenne, Joinville, and several others which he had in France, substituting and ordaining his Heirs Males for ever to enjoy them, and ex∣cluding all Daughters. The original of the Will was very authentique, and Copies of it in divers places to be had. There was moreover an Instrument of Approbation, made by the States of the said Dutchie assembled for that purpose, after the de∣cease of the said King, upon the thirteenth of February, in the year fifteen hun∣dred and eight, before Madam Philip of Gueldres, Queen of Sicilie, Dutchess of Lorrain and Bar, who declared, they were contented to conform themselves to the said Kings Will.

Now the Count de Vaudmont supposed, that upon consequence of this substitu∣tion and order thus established by Will, and confirm'd by the States, himself was the onely and true Heir of Lorrain, and that his late Brothers Daughters could pretend to it, but that they ought to be married to persons correspondent to their Qualities.

At last he declared, by a publick Instrument, that in consideration of his Sons marriage with Madam Nicole, his late Brothers Daughter, he was content to dis∣possess himself into the hands of his said Son, and that he did invest him with it, requiring that he should be honoured and obeyed in that quality by all his States, which he renounced to him in his behalf; and that after his decease they should de∣scend to his next Heirs Males, excluding all Females, and still preferring the eldest, who were to give the youngest Pensions, and the Daughters Portions according to the Honour of the House.

The King, though somwhat concerned in this agreement, did not oppose it, but esteemed it as frivolous, it being free for him not to take any notice of it, because it was not presented to him for a ratification, though the curious spirits of the time, who are pleased to discusse the Interests of States, not at all concern'd in them, but onely by the faithfulness of their Affection, did talk diversly of it: Some maintaining that the Will of Reynard the second, upon which the Count de Vaudmont grounded his pretensions, was absolutely voyd, as also the Contract

of disseisure. They alledged for their chief reason, that it was contrary to the Laws and Customes of Lorrain and Barr, observed in the Successions of those Dutchies and Lordships which ever preferred the daughters before the Males who were far remo∣ved; and secondly, that it was contrary to the Laws and Customes of France made at Orleance, in the year one thousand five hundred and sixty, and at Moulin in one thou∣sand five hundred sixty and six, which prohibit such substitutions for ever, but re∣strain them to the second degree•• Besides the institution which was passed, if it should so stand, it would follow of consequence, that the substitution in behalf of the Males for ever, could not be vallid, especially in relation to Barr, and that which depends on the Crown of France, where his Majesty ought to be consider∣ed, not onely as common Soveraign, but as Lord Paramout to whom belonged the cognizance of causes of Appeal, and to whom Faith and Homage ought to be paid, as also service with and against all others, it being not allowed to a Vassal, to alter (without the Kings authority who is chief Lord) the nature of the Fee, a∣gainst the Order established by Custome. Thirdly, they added for the confirmati∣on of their opinions, an example very considerable which was this. It had been concluded and agreed upon in a Treaty made at Guerand, in the year one thousand three hundred sixty and four, between John the valiant Count de Montfort, after∣wards the Fifth of that name Duke of Brittain, son of John Count of Montfort, of the one party, and Jane Dutchess of Brittain, daughter to Guy Count of Ponthieu, elder brother to the said Count of Montfort, of the other party. That as long as there should be Males of the said House of Brittain, no Female should inherit the said Dutchy: They did not apprehend this Agreement to be firm and good, unlesse Charles the Fifth who was Soveraign of the said Dutchy should ratifie and confirm it, for that it was contrary to the Custome; by vertue of which said Custome, the said Jane had obtained the said Dutchy by a solemn Judgement, against her said Unckle the Count of Montfort in being preferred before him, as being the neerest, and daughter to the eldest Brother; and that therefore they intreated the Com∣missaries and Deputies, who were the Arch-Bishop of Rei••ns, and the Marshal of Boucica••d, to ratifie and confirm their Award, which they did: That upon the score of this Ratification, the Males of the House of Montfort had alwaies succeeded in the said Dutchy of Britain, by being preferred before the Females. That Rai∣nard the second in not having followed this order, for the Dutchy of Barr, and those other Lands which depended on France, had made his said Will and Substitu∣tion absolutely void in it self. Fourthly, the best Historians did moreover alledge, That this same Will of R••ynard the second, was not deemed to be vallid in the House of Lorrain, but had been abrogated from time to time: As for those Lands which related to France, they answered, that the said Duke himself had about ten moneths after, dis-owned his said Will by a solemn Act, whereby he beseeched Lewis the twelfth to grant his consent, that his Heirs Males and Females, might suc∣ceed to inherit those lands in France, though the said Claudius was born out of the Kingdome, as may appear by the Letters of Naturalizing, granted by the said King at Lyons in the year one thousand five hundred and seven, in the moneth of May, preferring by this Act, the Heirs females of Claudius, before Anthony his eldest son whom he had created Duke of Lorrain, and the sons of the said Anthony. That in Prosecution of his said Deed of Abrogation, the said preferrency had been gran∣ted to the daughter of Claudius, in reference to the Dutchies of Guise and Aumal∣le; as also in the Principallity of Joinville; in which it is declared, that the said Daughters should be admitted to inherit the said Lordships and Lands, excluding the sons of the late Duke, at least from all which related to France. Sixthly they added, that as for what hath dependence from the Empire, the Will ought not to be valid, neither for that it is directly contrary to the Custome received and used in all Principallities thereunto belonging, which are upon that side of the Rhine, and particularly against the Custome of Nancy it self: By vertue of which, the daugh∣ters have ever succeeded, excluding the Males when ever they were nearer related, and that it was not in the power of Raynard to abolish the said Custome without

the Emperours consent to that purpose, first had and obtained. On the other side there were some others who were of opinion, that the Will of the said Raynard ought to be good and vallid, there being no disposing Power which can exceed a Priviledge; that it was true the said substitution was contrary to the Customes, but the Soveraign Liege having power at least with his States to make and to constitute such Ordinances and Laws which might regard the good of his people; provided alwaies that the Supream Authority from whence he depended, were not injured in it, he might abrogate such usances, and that no one could pretend to oppose it, no not the Lord Paramount himself, for that he was not at all concerned in it, ad∣mitting his particular Rights were preserved to him, seeing as the Lawyers say, That whatsoever is resolved by the States of a Country, for the reformation of a Custome ought to be deemed and observed as a Custome of it self. Their main reasons were, That it was necessary to distinguish between a Soveraign Paramount, and a Liege Lord; that indeed it was granted, a Liege Lord had not power to make any Orders or Laws in prejudice of his Superiour Lord, but that it is not the same thing as to what concerneth the Powers which appartains unto him, and that he may at least dispose of them with his States, not to alienate; but certainly to substitute and appoint them. That it were indifferent to a Lord Paramount, whether they were Males or Females who succeeded in the Government, it being not any thing of con∣cern to him, provided his rights were preserved to him, and that his Homage, Ser∣vice, and Obedience were paid him. That if at any time they should oppose such Orders and Laws as were made by a Soveraign Liege and his States, their oppositi∣on however were not of any validity, for that no one hath any right to oppose any thing which doth not clash with his own Interests. That withall this reason was so much the more considerable, in respect of those States which have depen∣dance on the Empire; because they are held with much lesse Subjection then those of the Crown of France, for that the Duke of Lorrain is not at all obliged to pay Homage to the Emperour, but onely to serve him, and contribute to the ne∣cessities of his State.

They alledged one very considerable reason, as to what concern'd his Majesties interests, in relation to those Signiors which depended on his Crown, making it apparent, that he was so far from being prejudiced by those constitutions made in favour of the heirs Males, that rather on the contrary, his Majesty would receive a notable advantage by it, seeing by this means, the States of Lorrain, would al∣waies remain in the Possession of some small Prince, whose weakness alone, if he should at any time be minded to fall off from his Fidelity, would force him to con∣tinue in his duty; whereas if the daughter were admitted to a succession before any Males further removed, it would of consequence fall out, that those Females might fall into the hands of some Potent Prince, from whom his Majesty might probably receive more dis-service then service, as it happened in the case of Inheritrix of Lorrain, who married Raynard, it is apparently known to every one, of what great concern it is (without being beholding to examples) for a King to have small Princes to be his neighbours.

As to that which concerneth the Ordinances of Orleance and Moulines, which restrained all substitutions made to the fourth degree; besides the first institution, that is to say, from the Institutor, and the instituted, who succeedeth the intestate, they pretended it did not exclude Francis Count of Vaudmont from the substitution, seeing he was the fourth from Anthony, who was the first instituted. For this An∣thony left his State of Lorrain to his son Francis, which Francis left them to his son Charls, and Charls to the late Duke Henry his son, who was father to Nicole, which Henry having no sons, Francis Count of Vaudmont his brother ought to be admitted to the succession, he being within the fourth degree of the Ordinances, and that reducing Liege Princes to the condition of ordinary Vassals, that which is permitted to ordinary Vassals, ought at least to be granted and allowed unto them. They likewise answered, in reply to the Treaty at Guerrande, that that ex∣ample could not prejudice the right which Francis Count de Vaudmont had to the

succession, for that a single example createth no Law, as the Lawyers say; because particular persons not well informed may be defective in using their own rights in their utmost extension of Power.

And lastly they said it was easie to answer all those Allegations brought to make void the Will, and that Reynards own Act could not nullifie it, for that no Testator whatever, contradicting any one Article of his Will during his life, doth at all hinder the standing good of all the rest.

Besides that, the Ratification made by the States two years after, did sufficient∣ly evince that he did not at all pretend to abrogate those Lands which he had left to his son Anthony, and that it might safely be said, he had onely desired Letters of Naturalization from Lewis the twelfth, that he might make the daughters of his Son Claudius, capable of succeeding in those Lands which he had left him, not that he did pretend by it to prefer them before the far remote Males; but because it might happen in time, that they alone might remain to enter upon their Fathers Possessions, and in that case it would be needfull, that their Father were naturali∣zed to bring them into Possession. That the same thing might be said, in answer to the Dutchies of Guise and Aumalle, and the Principallities of Joinville; as also of the Treaty made between King Charls the ninth, and Charls the second Duke of Lorrain; for that there was no colour of reason to beleeve, that the Messieurs de Guise, who drew on the said Treaty, would act against that Will which called them into the Succession of Lorrain, by excluding of the daughters, seeing it had not as yet been contradicted, there not having hitherto been any daughters, who could pretend to the Succession of the Dutchies of Barr and Lorrain, in exclusion of the Males, but onely Madam Nicole, and Claudius of Lorrain, who were then in competition. That as to the form of renunciation made by Anne, daughter to Duke Anthony, and Christian daughter to Duke Charls, they could not null the Will, for that both did protest to be maintained in those rights which did really belong to them, which thing did not however give them any right at all. These answers seemed plausible enough, whence it followed, that those exceptions made against the Will not being considerable in their Judgements, they presently con∣cluded that the Will ought to be in its full force, and put in execution, and these were the reasons alledged by both Parties; but the King could onely judge of them, as to what related to his Crown; for that he alone is Soveraign judge of all that concerneth his own interests, and he hath no power but God above, which can Ar∣bitrate concerning it.