The Paris gazette
      
       
         
           1670
        
      
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         A55960
         Wing P359B
         ESTC R220450
         99831851
         99831851
         36318
         
           
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             The Paris gazette
             Stubbe, Henry, 1632-1676, attributed name.
          
           1 sheet ([2] p.), plate
           
             s.n.,
             [London? :
             1670?]
          
           
             Imprint from Wing.
             In MS at end: Written by Hen. Stubb M.A., .. Duke of York was about to marry the Princess of Modena.
             With a plate of King James, dated in MS 1660, with a caption reading: The magnanimious and high-borne Prince, James Duke of Yorke. etc. Borne October the 14th. 1633.
             Reproduction of the original in the Bodleian Library.
          
        
      
    
     
       
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         eng
      
       
         
           James -- II, -- King of England, 1633-1701 -- Early works to 1800.
           Marriage -- Early works to 1800.
        
      
    
     
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               The
               Magnanimious
               ,
               and
               High-borne
               Prince
               ,
               James
               Duke
               of
               yorke
               etc.
               Borne
               October
               the
               14
               th
               .
               1633
            
          
        
      
    
     
       
         
         The
         PARIS
         Gazette
         .
      
       
         
           Paris
           ,
           Anno
           Dom.
           1490.
           
        
         
           THe
           Emperour
           Maximilian
           having
           courted
           Anne
           sole
           Daughter
           and
           Heir
           to
           the
           Duke
           of
           Britain
           ,
           prevailed
           at
           last
           with
           the
           young
           Lady
           ,
           and
           with
           the
           principal
           Persons
           about
           her
           ,
           as
           the
           Marriage
           was
           consummated
           by
           Proxy
           ,
           with
           a
           Ceremony
           at
           that
           time
           in
           these
           parts
           new
           .
           For
           she
           was
           not
           only
           publickly
           contracted
           ,
           but
           stated
           as
           a
           Bride
           ,
           and
           solemnly
           Bedded
           ;
           and
           after
           she
           was
           laid
           ,
           there
           came
           in
           
           Maximilian's
           Embassadour
           with
           Letters
           of
           Procuration
           ,
           and
           in
           the
           presence
           of
           sundry
           Noble
           Personages
           ,
           Men
           and
           Women
           ,
           put
           his
           Legg
           (
           stript
           naked
           to
           the
           Knee
           )
           between
           the
           Espousal
           Sheets
           ;
           to
           the
           end
           ,
           that
           that
           Ceremony
           might
           be
           thought
           to
           amount
           to
           a
           Consummation
           and
           actual
           Knowledge
           .
           This
           done
           ,
           Maximilian
           (
           whose
           property
           it
           was
           to
           leave
           things
           then
           ,
           when
           they
           were
           almost
           come
           to
           perfection
           ,
           and
           to
           end
           them
           by
           imagination
           ;
           like
           ill
           Archers
           ,
           that
           draw
           not
           their
           Arrows
           up
           to
           the
           Head
           ;
           and
           who
           might
           as
           easily
           have
           bedded
           the
           Lady
           himself
           ,
           as
           to
           have
           made
           a
           Play
           and
           Disguise
           of
           it
           ,
           )
           thinking
           all
           now
           assured
           ,
           neglecting
           for
           a
           time
           his
           further
           proceeding
           ,
           and
           intended
           his
           Warrs
           .
           Mean
           while
           ,
           the
           French
           King
           (
           consulting
           with
           his
           Divines
           ,
           and
           finding
           that
           this
           pretended
           Consummation
           was
           rather
           an
           Invention
           of
           Court
           ,
           than
           any
           ways
           valid
           by
           the
           Laws
           of
           the
           Church
           ,
           )
           went
           more
           really
           to
           work
           ,
           and
           by
           secret
           Instruments
           ,
           and
           cunning
           Agents
           ,
           as
           well
           Matrons
           about
           the
           young
           Lady
           ,
           as
           Counsellours
           ,
           first
           sought
           to
           remove
           the
           Point
           of
           Religion
           and
           Honour
           out
           of
           the
           mind
           of
           the
           Lady
           her self
           ,
           wherein
           there
           was
           a
           double
           labour
           .
           Maximilian
           was
           not
           only
           Contracted
           unto
           the
           Lady
           ,
           but
           
           Maximilian's
           Daughter
           was
           likewise
           Contracted
           to
           
             King
             Charles
          
           ;
           So
           as
           the
           Marriage
           ●alted
           upon
           both
           feet
           ,
           and
           was
           not
           clear
           on
           the
           other
           side
           .
           But
           for
           the
           Contract
           with
           
             King
             Charles
          
           ,
           the
           exception
           lay
           plain
           and
           fair
           ;
           for
           that
           Maximilians
           Daughter
           was
           under
           years
           of
           Consent
           ,
           and
           so
           not
           bound
           by
           Law
           ,
           but
           a
           power
           of
           Disagreement
           left
           to
           either
           part
           .
           But
           for
           the
           Contract
           made
           by
           Maximilian
           with
           the
           Lady
           her self
           ,
           they
           were
           harder
           driven
           ;
           having
           nothing
           to
           alledge
           ,
           but
           that
           it
           was
           done
           without
           the
           consent
           of
           her
           Soveraign
           Lord
           
             King
             Charles
          
           ,
           whose
           Ward
           and
           Client
           she
           was
           ,
           and
           he
           to
           her
           in
           place
           of
           a
           Father
           ;
           and
           therefore
           it
           was
           void
           ,
           and
           of
           no
           force
           ,
           for
           want
           of
           such
           consent
           .
           Which
           defect
           (
           they
           said
           )
           though
           it
           would
           not
           evacuate
           a
           Marriage
           ,
           after
           Cohabitation
           and
           
             Actual
             Consummation
          
           ;
           yet
           it
           was
           enough
           to
           make
           void
           a
           Contract
           .
           For
           as
           for
           the
           pretended
           Consummation
           ,
           they
           made
           sport
           with
           it
           ,
           and
           said
           ,
           
             That
             it
             was
             an
             argument
             that
          
           Maximilian
           
             was
             a
             Widdower
             ,
             and
             a
             cold
             Wooer
             ,
             that
             could
             content
             himself
             to
             be
             a
             Bridegroom
             by
             Deputy
             ,
             and
             would
             not
             make
             a
             little
             Journey
             to
             put
             all
             out
             of
             question
             .
          
           So
           that
           the
           young
           Lady
           ;
           wrought
           upon
           by
           these
           Reasons
           ,
           finely
           instilled
           by
           such
           as
           the
           
             French
             King
          
           (
           who
           spared
           for
           no
           Rewards
           or
           Promises
           )
           had
           made
           on
           his
           side
           ,
           and
           allured
           likewise
           by
           the
           present
           Glory
           and
           Greatness
           of
           King
           Charles
           ,
           (
           ●eing
           also
           a
           young
           King
           ,
           and
           a
           Batchelor
           )
           and
           loth
           to
           make
           her
           Countrey
           the
           Seat
           of
           a
           long
           and
           miserable
           War
           ,
           secretly
           yielded
           to
           accept
           of
           King
           Charles
           .
           Those
           of
           the
           Court
           of
           Britain
           her
           Subjects
           and
           Familiars
           ,
           insinuated
           into
           the
           Ladies
           mind
           the
           invalidity
           of
           a
           
             Marriage
             by
             Proxy
          
           ,
           that
           there
           was
           more
           of
           Solemnity
           and
           State
           in
           those
           contracts
           ,
           then
           Obligation
           .
           That
           She
           ought
           not
           to
           make
           any
           Scruple
           of
           Conscience
           about
           the
           point
           ,
           where
           the
           good
           of
           her self
           and
           Subjects
           was
           so
           much
           concerned
           .
           However
           in
           such
           accidents
           ,
           the
           Pope
           who
           hath
           power
           over
           all
           Laws
           Ecclesiastical
           ,
           would
           easily
           be
           brought
           to
           dispense
           with
           such
           Covenants
           not
           personally
           performed
           ,
           to
           prevent
           the
           miseries
           that
           grow
           by
           War.
           L.
           Bacon
           Hist
           of
           Henry
           vii
           .
           pag.
           80
           ,
           81.
           
             de
             Serres
          
           life
           of
           Charles
           viii
           .
           The
           supplement
           of
           
             Phil.
             Comines
          
           chap.
           6.
           
           
             A.
             D.
          
           1489.
           
        
      
       
         
           The
           Case
           .
        
         
           Ditto
           1506.
           
           Lewis
           the
           twelfth
           K.
           of
           France
           ,
           had
           one
           only
           Daughter
           ,
           whose
           name
           was
           Claude
           ,
           the
           which
           by
           virtue
           of
           the
           
             Salique
             Law
          
           was
           excluded
           from
           inheriting
           the
           Crown
           :
           the
           presumptive
           Heir
           being
           Francis
           Duke
           of
           Valois
           ,
           Earl
           of
           Angoulesme
           .
           This
           Claude
           being
           not
           yet
           come
           to
           Age
           ,
           was
           betrothed
           to
           Charles
           (
           the
           eldest
           Son
           of
           Archduke
           Philip
           )
           and
           the
           same
           Marriage
           
           confirmed
           by
           more
           then
           one
           Legacy
           ,
           they
           entituling
           themselves
           
             Kings
             of
             Naples
             ,
             and
             Dukes
             of
             Apulia
             and
             Calabria
             .
          
           After
           all
           this
           it
           was
           debated
           in
           the
           Kings
           Council
           ,
           and
           in
           
             all
             the
             Parliaments
             of
          
           France
           ,
           whether
           the
           
             said
             Espousals
          
           should
           be
           annulled
           ?
           And
           whether
           it
           were
           not
           most
           convenient
           for
           the
           Realm
           ,
           that
           Francis
           Duke
           of
           Valois
           should
           marry
           
             Her
             ,
             He
          
           being
           the
           undoubted
           Heir
           of
           the
           Kindom
           .
        
      
       
         
           Arguments
           upon
           each
           side
           .
        
         
           King
           Lewis
           thought
           the
           Case
           to
           contain
           matter
           of
           much
           difficulty
           .
           In
           the
           first
           place
           he
           thought
           it
           repugnant
           to
           the
           Majesty
           and
           Grandeur
           of
           France
           ,
           that
           he
           should
           violate
           his
           
             Royal
             Word
          
           and
           Faith
           plighted
           with
           the
           Eldest
           Son
           of
           the
           K.
           of
           Castile
           :
           And
           therefore
           He
           said
           that
           He
           could
           not
           
             upon
             any
             terms
          
           condescend
           and
           yield
           unto
           the
           
             Humble
             Request
          
           and
           Petition
           of
           his
           Peers
           and
           Parliaments
           ,
           who
           did
           ,
           (
           and
           that
           rationally
           )
           conclude
           that
           it
           would
           exceedingly
           contribute
           to
           the
           Peace
           &
           Welfare
           of
           France
           ,
           if
           Francis
           of
           Valois
           did
           marry
           with
           Claude
           .
           The
           Nobles
           and
           respective
           Parliaments
           proceeded
           upon
           this
           ground
           .
           That
           Claude
           after
           the
           decease
           of
           King
           Lewis
           would
           as
           Inheritrix
           possess
           sundry
           Territories
           and
           Lordships
           in
           
             Italy
             ,
             France
          
           ,
           and
           the
           Netherlands
           ,
           which
           if
           they
           should
           be
           alienated
           from
           the
           Realm
           of
           France
           by
           her
           Marriage
           into
           Castile
           ,
           it
           would
           prove
           an
           unspeakable
           loss
           to
           the
           Crown
           of
           France
           .
           For
           what
           was
           this
           else
           but
           to
           deliver
           up
           the
           Keys
           of
           the
           said
           Realm
           unto
           the
           Castilians
           ,
           the
           Hereditary
           Enemies
           of
           France
           ,
           for
           Preservation
           or
           the
           Recovery
           whereof
           there
           
           must
           needs
           arise
           most
           grievous
           Wars
           betwixt
           the
           immediate
           Successor
           of
           King
           Lewis
           ,
           and
           the
           Crown
           of
           Castile
           ?
           It
           did
           not
           seem
           credible
           unto
           them
           ,
           nor
           did
           they
           think
           the
           Councels
           of
           France
           ought
           to
           proceed
           on
           such
           uncertain
           Measures
           ,
           
             that
             the
             Alliance
             aforesaid
             would
             produce
             any
             great
             and
             durable
             Amity
             betwixt
             the
             two
             Nations
             .
          
           There
           being
           nothing
           so
           Sacred
           or
           Solemn
           in
           the
           Leagues
           and
           Confederacies
           of
           Princes
           which
           doth
           not
           yield
           to
           their
           Ambition
           .
           Enlargement
           of
           Empire
           is
           the
           
             Supream
             consideration
          
           in
           their
           Councels
           ;
           and
           from
           
             those
             desires
          
           even
           the
           most
           firm
           bonds
           of
           Friendship
           are
           daily
           violated
           .
           Wherefore
           least
           the
           Territories
           
             of
             such
             Importance
          
           should
           come
           into
           the
           possession
           of
           the
           Castilians
           ,
           and
           their
           already
           potent
           Neighbour
           should
           receive
           so
           great
           an
           accessional
           of
           strength
           ,
           they
           thought
           the
           Espousals
           did
           not
           only
           deserve
           to
           be
           annulled
           ,
           bu
           ought
           in
           point
           of
           Right
           and
           Equity
           to
           be
           invalidated
           ,
           For
           the
           which
           they
           alledged
           two
           most
           powerfull
           reasons
           .
           First
           ,
           they
           resolved
           it
           ,
           that
           
             His
             Majesty
             would
             proceed
             most
             exactly
             according
             to
             the
             dictates
             of
             Honour
             and
             Conscience
             ;
             if
             ,
             out
             of
             a
             tender
             regard
             unto
             the
             welfare
             and
             safety
             of
             his
             people
             ,
             He
             did
             insede
             from
             those
             Counsils
             which
             he
             had
             either
             presipitously
             assented
             unto
             ,
             or
             entertained
             upon
             the
             Exigency
             of
             a
             special
             juncture
             of
             Affairs
             :
             That
             He
             was
             obliged
             to
             comply
             with
             the
             humble
             request
             of
             his
             natural
             Subjects
             ,
             aiming
             at
             the
             generall
             ,
             rather
             than
             by
             too
             strict
             a
             respect
             unto
             His
             Word
             ,
             given
             unto
             a
             Forreigner
             ,
             to
             endanger
             the
             whole
             Realm
             .
             That
             the
             most
             obligatory
             and
             powerfull
             toys
             upon
             Princes
             ,
             are
             those
             whereby
             they
             stand
             engaged
             to
             their
             people
             ,
             whereunto
             for
             Him
             to
             adhere
             ,
             't
             was
             true
             Honour
             and
             Conscience
             .
          
           Secondly
           they
           argued
           against
           the
           Marriage
           ,
           that
           in
           such
           Contracts
           above
           all
           others
           there
           ought
           to
           intervene
           a
           
             voluntary
             consent
          
           ,
           which
           She
           at
           those
           Years
           was
           incapable
           to
           give
           ;
           and
           therefore
           the
           Contract
           was
           null
           by
           the
           Civil
           and
           
             Canon
             Law.
          
           
        
      
       
         
           The
           Resolution
           taken
           .
        
         
           King
           Lewis
           being
           over-ruled
           by
           
             these
             reasons
          
           ,
           and
           by
           a
           particular
           concernment
           
             for
             the
             welfare
             of
             His
             Realm
             ,
          
           did
           annull
           the
           said
           Contract
           ;
           and
           to
           answer
           the
           Peace
           and
           Tranquility
           of
           his
           Dominions
           did
           give
           Her
           in
           Marriage
           unto
           Francis
           of
           Valois
           ,
           who
           did
           afterwards
           succeed
           him
           in
           the
           Realm
           of
           France
           .
        
      
       
         
           The
           Event
           .
        
         
           It
           was
           found
           by
           Experience
           that
           the
           designs
           of
           the
           Castilians
           which
           they
           had
           formed
           to
           the
           prejudice
           of
           France
           ,
           and
           which
           were
           founded
           upon
           the
           hopes
           of
           consummating
           the
           said
           Marriage
           ,
           were
           all
           at
           once
           defeated
           therewith
           ;
           And
           Francis
           together
           with
           Claude
           did
           quietly
           possess
           himself
           of
           those
           Hereditaments
           .
        
      
       
         
           The
           Authors
           observation
           thereon
           .
        
         
           In
           the
           Marriage
           of
           the
           
             Royal
             Family
          
           unto
           
             Forreign
             Potentates
          
           ,
           two
           things
           ought
           especially
           to
           be
           considered
           .
           First
           ,
           How
           much
           passeth
           away
           with
           the
           Daughter
           affianced
           .
           Secondly
           ,
           
             What
             benefits
             may
             accrue
             ,
             or
             be
             justly
             expected
             from
             the
             Farreigner
             with
             whom
             such
             Alliance
             and
             Marriage
             is
             to
             be
             Contracted
             .
          
           Zuerius
           Boxhornius
           disquisit
           .
           Politic.
           cas
           .
           2.
           
        
         
           Metz.
           The
           Princess
           of
           Heidelberg
           being
           formerly
           Affianced
           unto
           the
           D
           of
           Orleans
           ,
           brother
           to
           the
           present
           King
           of
           France
           ,
           no
           sooner
           arrived
           at
           
             this
             place
          
           ;
           but
           
             His
             most
             Christian
             Majesty
          
           sent
           express
           word
           unto
           
             Her
             Highness
          
           ,
           that
           albeit
           according
           to
           the
           
             Articles
             of
             Marriage
          
           ,
           She
           were
           to
           continue
           in
           the
           
             Protestant
             Religion
          
           until
           by
           the
           perswasions
           and
           instructions
           of
           Her
           Aunt
           the
           Princess
           Lovyce
           ;
           Yet
           such
           was
           the
           pleasure
           of
           
             His
             most
             Christian
             Majesty
          
           ,
           that
           She
           should
           either
           omit
           those
           formalities
           and
           delays
           ,
           and
           immediately
           turn
           
             Roman
             Catholick
          
           ,
           or
           else
           return
           to
           Heidelbergh
           without
           any
           
             consummation
             of
             Marriage
          
           .
        
         
           Oxford
           1600.
           
           
             Albaricus
             Gentilis
          
           in
           a
           Discourse
           of
           His
           to
           Chancellour
           Egerton
           about
           
             Marriages
             by
             Proxy
          
           ,
           denies
           them
           to
           be
           of
           any
           validity
           .
           For
           howsoever
           the
           
             Canon
             Law
          
           does
           admit
           of
           such
           ,
           as
           good
           ;
           Yet
           the
           
             Civil
             Lawyers
          
           are
           generally
           of
           another
           opinion
           .
           Because
           that
           in
           Matrimony
           there
           ought
           to
           intervene
           the
           special
           and
           
             present
             consent
          
           of
           
             both
             Parties
          
           ;
           but
           in
           
             such
             cases
          
           the
           Proxy
           only
           gives
           his
           immediate
           consent
           .
           And
           whereas
           it
           is
           said
           that
           
             any
             Action
             may
             be
             executed
             by
             Proxy
             which
             a
             man
             may
             execute
             by
             himself
          
           ;
           the
           Rule
           is
           not
           true
           in
           cases
           of
           Matrimony
           ,
           but
           in
           Patrimonial
           Causes
           ;
           which
           alone
           admit
           of
           Procurations
           ;
           And
           Jason
           the
           Civilian
           writes
           foolishly
           ,
           where
           he
           admits
           of
           Marriage
           by
           
             Proxy
             .
             Etsi
             dicitur
             actum
             quemlibet
             posse
             per
             pracuratorem
             posse
             explicari
             in
             s●quid
             alitur
             vetitum
             sit
             .
             Tamen
             &
             illa
             est
             regula
             ,
             ut
             quae
             non
             sint
             Patrimonij
             ,
             ea
             per
             procuraeorem
             non
             fiant
             ;
             Atque
             quod
             excipiat
             ab
             hac
             regula
             Matrimonium
             Jason
             ,
             aut
             quisquis
             alius
             ineptum
             est
             .
          
           Alberic
           .
           Gentilis
           de
           nuptijs
           l.
           2.
           c.
           14.
           
        
         
           Amsterdam
           1666.
           
           Upon
           the
           question
           concerning
           the
           validity
           of
           
             Marriage
             by
             Proxy
          
           ,
           it
           is
           resolved
           that
           
             Espousals
             may
             be
             made
             by
             Proxy
             ,
          
           but
           
             not
             Marriage
          
           .
           For
           ,
           that
           a
           thing
           be
           done
           by
           Proxy
           ,
           It
           is
           requisite
           that
           the
           Action
           arising
           from
           the
           Contract
           be
           such
           as
           may
           be
           fixed
           in
           the
           Proxy
           ,
           and
           by
           him
           may
           reciprocally
           revert
           
             unto
             him
             by
             whom
             he
             is
             delegated
             .
          
           l.
           4.
           
           §
           2.
           
           
             D.
             de
             adquirend
             .
             vel
             omittend
             .
             possess
             .
          
           l.
           8.
           
           §
           .
           
             final
             .
             D.
             mandat
          
           .
           But
           though
           in
           Espousall
           the
           Action
           be
           such
           as
           may
           be
           surrendered
           up
           to
           the
           principal
           and
           
             delegating
             parts
          
           ;
           yet
           such
           is
           the
           
             bond
             of
             Marriage
          
           (
           which
           is
           the
           eonsummation
           of
           Espousals
           ,
           and
           puts
           an
           end
           to
           that
           Ceremony
           )
           that
           it
           
             terminates
             in
             the
             person
             of
             a
             Proxy
             ,
          
           nor
           is
           it
           a
           thing
           imaginable
           in
           Nature
           ,
           that
           ever
           it
           should
           fall
           under
           the
           possi●ility
           of
           any
           Surrender
           .
           Henricus
           Bronwer
           I.
           C.
           
             de
             jure
             connubior
          
           .
           l.
           1.
           c.
           20
           §
           .
           11.
           
        
         
           Anjou
           1584.
           
           If
           
             both
             parties
          
           be
           present
           and
           give
           their
           
             mutual
             consents
          
           in
           Marriage
           ,
           without
           Cohabitation
           ;
           Though
           the
           Law
           terms
           
             this
             a
             good
             Marriage
          
           ,
           yet
           I
           do
           determine
           that
           the
           man
           
             in
             this
             case
          
           doth
           not
           acquire
           the
           Rights
           of
           an
           husband
           .
           For
           accruing
           to
           the
           resolution
           of
           the
           Divines
           and
           Canonists
           ,
           whose
           Authority
           is
           the
           greatest
           
             in
             these
             points
          
           .
           Whensoever
           we
           speak
           of
           the
           
             Rights
             of
             Marriage
          
           ,
           there
           is
           not
           
             any
             notice
          
           or
           regard
           taken
           of
           
             those
             Marriages
          
           which
           are
           not
           
             consummated
             by
             Co-habitation
          
           .
           Joan.
           Bodin
           .
           de
           repub
           .
           l
           1.
           c.
           3.
           
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A55960-e450
           
             
               De
               Serres
            
             in
             the
             Life
             of
             Lewis
             XII
             .