MAister IVLIAN TABOVE the Kings Atturney generall in the Parliament of Chambery , being incensed for some admonitions that were made vnto him by the Court , goes into the Countrie , and ingageth his honor , by an accusation which he framed against Maister RAYMOND PELISON President , IOHN BOISONNE Priest , LEWIS GAVSLERANT called ROZET , GRAFFINS and other councellors of the said Court , charging them with many corruptions and false-hoods vnder his hand , both before the great Councell , and the Parliament of Grenoble , vpon thirteene Acts proceeding from the foresaid President PELISSON , and the aboue named Councellors . The first was a sentence giuen in the sayd Parliament of Chambery for the Count de la Chambre , the 11. of May 1539. The second a decree for Maister ANDREW PILLET , the 13. of Iune the same yeare . Other two decrees for the Bishop of Morienne , the 19. of March , and 20. of December , in the yeare 1540. The 5. the admonitions dated the 11. 13. and 18. of Ianuary 1541. made and deliuered to the said TABOVE , the 1. of February 1542. The 6. a Commission giuen by the said Court of Chambery to the said BOISSONNE , the 6. of February 1542. The 7. the Articles sent to the said BOISSONNE the 25. of February 1542. The eight , other admonitions made to the sayd TABOVE , and a sentence giuen the 23. of February , the same yeare . The 9. a sentence pronounced in the sayd Court , the 23. of December , the same yeare . The 10. a Commission giuen to Maister NICHOLAS de la CHESNAY , Councellor in the same Court . The 11. a Letter deliuered vnto vnto him , and written in the name of the sayd Court , to the Chancellor of France , the 1. of Aprill 1545.

The 12. an Answer made by the Iudges of the sayde Parliament of Chambery the 17. of December 1541. to the aduertisments sent vnto the King by the sayde TABOVE , termed in the Processe , the fiue points . The 13. and last , a sentence giuen in the sayde Court , the 23. of Iune , in the yeare 1540. touching a sute betwixt the Kings Atturney generall and the Lord of Eschelle . This matter beeing deliuered vnto the King , and found hard and of importance , for the grauity of the cause and of the persons : it was committed to the Parliament of Bourgondy at Dijon , where the said President & Councellors yeelded themselues prisoners , TABOVE beeing their accuser . After that their cryminall and extraordinary Processe had beene made , many sentences were giuen . The first was the second of Maie against GRAFFINS Councellor , whome they found to be least charged , who notwithstanding was condemned in a fine of three score pounds vnto the King , and twentie pounds vnto TABOVE , and suspended from his place for a yeare . TABOVE pleaded then with great shewe , thanking GOD , after the manner of MOYSES , IOSVA , and others , for the victory which hee did see comming towards him , euen as ( sayd hee ) the ancient Fathers had done , for the victories which GOD had sent them : hee beganne and concluded his oration with a verse of DAVID . Hic est dies quem fecit dominus . &c. But herein the poore man did singe like vnto the swanne . The said GRAFFINS yeelded to this sentence , and sought no redresse . The second sentence was the 28. of Iuly in the said yeare 1552. against the President PELISSON : by the which it was sayd , that the decrees contained therein , and impugned by TABOVE made by the said President , were false and falsly framed : declaring the said President , for euer incapable to hold any royall Office , condemning him to aske mercie of GOD , the King and of Iustice , and to paie a thousand pounds fine to the King and two hundred to TABOVE , his goods to bee forfited , and to passe the remaynder of his life where it should please the King . The solemnity of the pronouncing and execution thereof was : that the sayd President , hauing one halfe of his bodie be-nummed with the palsey , olde and broken with age , diseases and cares , was brought into the open Court , the doores beeing open , and the Iudges sitting in the Castell of Dijon , where he was prisoner , by two Archers in a chaier , attired in blake taffata pinckt , with a roabe of blacke satten , a little night-cappe of silke , and his square cappe in his hand . At this spectacle and in his presence , TABOVE made a speech . The sentence was afterwards pronounced , & the poore old man was constrained with much a doe , and through the helpe of his gards ( that had brought him ) to kneele downe , holding in his hands a burning torch of wax weighing 4. pounds and asked pardon of GOD : the King : of Iustice ; and of TABOVE . The saied decrees and other peeces that were impugned were torne in his presence , which done he intreated the Court that hee might bee freed out of the Castell for the weakenesse and great infirmity of his person . Answere was made him , that the Court would consider of it . The third sentence was the fourth of August , against the aboue named BOISSONNE a Preest and Councellor , by the which hee was found guiltie of fals-hood and other crimes mentioned in his processe , and the decrees , declarations , and other pe●…ces declared false ; depriued of his Councellors place , and condemned in a hundred pounds fine to the King , and fortie pounds to TABOVE , and his charges : and to remaine a prisoner , and for the common offence , he was sent vnto his Ordinary . The fourth sentence was the same daie against ROZET an other Councellor , all one with the former .

After all this , the sayd President , BOISSONNE and ROZET Councellors , hauing a firme confidence in themselues that they had not offended , notwithstanding these punishments , they go vnto the King and shewe him , that if the crimes , whereof they are condemned bee proued true , it were a monstrous thing to see them liue in a common-weale . But if through the slander of their accuser , they haue beene reduced vnto that extremity ; there is no reason , ( for the dignity where-with his Maiesty had honored them in the Soueraignty of Sauoie , ) that the cause should be referred to one Parliament aloane , consisting of a small number , to degrade and depriue them in that sort , of their good names , fortunes , and honours , leauing them nothing but their soules , which is onely a remainder of greefe and perpetuall sorrowe . They beseech him to allowe of a reuision , the which is g●…aunted , and the cause committed to the Parliament of Paris : whereas all being wel viewed and examined , it was said and iudged by a sentence of the sixteene of May 155●… that the former decres of the 28. of Iuly and the fourth of August , were voide and that the cryminall processe , by the which they had beene giuen , should be viewed and Iudged a newe , without any respect to bee taken of the said decrees , & TABOVE condemned in costs , domage and interests . The Court at Dijon , aduertised of this decree , at the instance of TABOVE , beeing much troubled in the beginning , come vnto the King , debate the reasons , and maintaine their decrees , she wing that it would cause impunity of crimes of importance , and blemish the prerogatiue of his Parliaments . They had good audience , with the sayd TABOVE , who pretended new matter , and concealed nothing which hee thought might auaile him : alledging that this accusation framed by him , was alwaies with the quality of the Kings Atturney general , being so receiued and neuer reproued , and therefore hee ought not to bee condemned in costs , domages and interests , like vnto a priuate party , although the accusation were not so well grounded as this was . Some of the Court Parliament of Paris , which had assisted at the resolution of the said decree of nullity , were sent for ; they come , and are heard with them of Dijon .

All being duly examined , it was decreed by the Priuy Councell the 7. day of March . 1555. that the sentence giuen the 16. of May , vpon the said Nullities , should take effect , and touching the principall cause , the parties should be sent to the Court of Paris , to bee iudged in the presence of a President , and two Councellors of the Court , named in the decree , and three other Councellors hauing assisted at the iudgement of the said Nullities ; three Councellors of the Parlament of Dijon , named by the said decree , and three others of the sayde Court of Dijon which had assisted at the iudgement giuen against the parties accused , and by sixe Masters of Requests . The Processe beeing in question , TABOVE , ( fearing that which after happened to fortifie his accusation , or rather to hinder the decision ) frames newe crimes , whereof no mention had beene made in the former Processe : whervnto the parties accused oppose . Wherevpon the King by his Letters Pattents of the 15. of September the same yeare , made a declaration , that sending them to the Parliament of Paris , his meaning was not that the Court should take knowledge of any other cause or crimes , then those for the which the parties had been condemned in the Court of Parlament at Dijon , and whereof they had complayned vnto the King : the Kings Atturney generall excepted , who vpon view of the sayd Processe , finding the accused to bee guilty of other crimes , might make pursute against them at his pleasure . Moreouer they were charged by the said Letters to do right vpon the repetition of money , adiudged to the said TABOVE , for the pursute of the Processe . The said letters were allowed and regestred the 18. of September . The Parties accused are againe examined and heard by the Court , vpon the crimes wherewith they were charged . TABOVE is allowed to make newe productions , and the accused to contradict them . In the ende this cause being examined in so goodly an Assembly , a definite sentence was giuen in these termes that follow .

The Court doing right to all , and without respect to the quality of the Atturney general in the court of Chambery , taken by the said TABOVE in the sayd Processe : but so farre as it doth touch the corruptions and falseties pretended by TABOVE against the sayd PELISSON BOISSONNE and ROZET , had absolued and did absolue the sayd PELISSON , BOISSONNE and ROZET respectiuely , of the sayd pretended false-hoods , and did condemne the sayd TABOVE , for that respect , in the charges of the same sute and in domages and interest of the sayd PELISSON , BOISSONNE and ROZET : which domages and Interests , the Court for some causes them mouing , hauing taxed and moderated , that is to say to the sayd PELISSON two hundred pounds ; to BOISSONNE foure score pounds ; and to ROZET the like some of 80. pounds : and that , besids all other expences , domages and Interestes , which were adiudged vnto them by a sentence of the 16. of May 1555. for the paiement of which domages and interestes the said TABOVE should remaine in prison . And as for all other accusations and crimes obiected by the sayd TABOVE against PELISSON , BOISSONNET and ROZET , ( the knowledge whereof was referred to the sayd Court ) both they & the parties were discharged by the Court , and freed from farther sute , without any charges , domage , or interest of eyther party : reseruing notwithstanding power for the Kings Attorney generall , to proceed against the sayde decrees of the 11. of May 1539. the 9. of March , the 20. of September , made in fauour of the sayd Earles of La Chambery , and Bishop of Morienne , by way of Nullitie , and for them to make their defences to the contrary .

And for reparation of the false and slanderous accusation , framed by the sayd TABOVE , against PELISSON , BOISSONNE , and ROZET , and for other misd●…meanors , appearing as wel by the ancient as the later productions , made in the sayde processe , the Court had condemned the sayde TABOVE to doe penance in open Court , on a day of pleading , the doores being open , bare-headed , and bare-foote , on his knees , in his shert , and a halter about his neck , holding in his hands a burning Torche of two pound waight : and then to say and declare openly with a lowd and intelligeble voyce , that falsely , maliciously , slanderously , wrongfully , and against the truth , hee had charged and accused the saide PELISSON , BOISSONNE and ROZET of the sayde pretended falseties , crimes and offences , for the which he was sorry , and desired pardon & mercy of GOD , the King , the Iustice , and of the said PELISSON , BOISSONNE and ROZET .

And moreouer the Court did ordaine , that the petitions and complaints exhibited vnto the King by the sayd TABOVE , together with the suggestions of falshood made by him against the said parties , should be defaced and rent in his presence . And this done , to bee led in the same sort by the Vshers of the Court , and set vpon the marble Stone , being at the end of the Great Stayres of the Pallace , there to do the like penance , and so to be carted from the same place vnto the Pillorie at the Halles in the Cittie of Paris , and there being set by the Hang-man to bee turned thrice about , and then to be carryed backe to the Concergery or prison of the Pallace . And moreouer the Court did condemne the said TABOVE to do penance in the open Court of the said Parlament of Chambery , whether he should be safely conducted , and to pay two hundred pounds for a fine vnto the King , and to continue in prison at Chambery , vntill the full payment of the fines , charges , domage and interest adiudged , as well to the King ; as to the said parties : after which payment made , to bee perpetually confined to the said Country of Sauoy , or to any other place within this Realme that should please the King . And moreouer the Court did declare his other goods confiscate to whom they did belong , the said fines , charges , domage and interests being first payed and discharged . And for certaine causes and considerations then mouing the said Court , did ordaine , that the saide PELISSON should be sent backe , to receiue those admonitions that were appointed to bee giuen him , inioyning him to keepe and cause to bee kept the Kings royall ordynances in the said Court of Chambery , and not to infringe them vpon paine of an arbitrary punishment . Giuen in the Parlament at Paris , the eleuenth of October . 1556.

No Reader of iudgement , ought to taxe the Iudges , who haue censur'd this cause with so great contrarietie , as the like hath not beene heard . The Court of Dijon assured themselues in their conceits to doe well without fraud or malice . Those of Paris according to their custome , shewed their authority , which is supreme ; descouering ( it may be ) some thing that was newe , and not before knowne . It is not for mee , beeing a simple Collector , and who feares to speake of such assemblies , to giue any reasons of the said contrarieties . It sufficeth to set downe the fact , and to compare the greatnesse of the Parlament of Paris with the rest , yet I may not conceale , what I heard a Councellour of one of the aboue named Parliaments say , that ( in the question of Iustice of such contrary decrees , vpon a crime pleaded before the King , who desired to vnderstand the truth ) those of Dijon had iudged according to their consciences , and those of Paris iustly and according vnto Lawe . Before I leaue this matter which is so exemplary and of such consequence , in regard of many the like accidents which do dayly happen , I will aduise the Reader to obserue the ende of this accusation , where the Hunts-man is taken in his owne snare .

This poore ACTEON , relying vpon his quality , and gouerned by his passions , came to this ende , hauing drawne many great personages into danger : for seeking reuenge onely , hee ruined himselfe . The which may serue for any one that shall attempt to accuse an other . He was the Kings Attorney Generall , in a soueraigne Court , and therfore a publike Accusor ; and in this quality , he had power to informe against all such as he knew to be Offendors , without feare of the like punishment . ( L. omnes de dela●…oribus lib. 10. c. ) But he was found vnfurnished of parts required in that place , beeing transported by his passions and surprized in slander . In which case , without respect of his quality and place , hee was subiect to the punishment of a Slanderer . ( L. si cautiones C. de ijs qui accu . non pos . ) Whereas doing his duty according to the necessity of his place , and no otherwise , he needed not to haue feared any thing . And as it is most profitable ( as it appeares by the continuall complaints against all sorts of Offendors ) to haue speciall men for the defence and preseruation of the common-weale , of Lawes and good manners , and to accuse Malefactors : so it is necessary they be Diligent , Constant , Iust , of a good life and singular integrity . For he that will take vpon him the charge to accuse , must first examine exactly , and make proofe of his owne life , before hee shall examine and search anothers : and must thinke , that in the end hee shall reape shame and disgrace , in seeking to cause an other to yeeld an accoumpt of his life , when as he himselfe is subiect to the like triall . In this case the accusers simplicitie imports much : who ought to bee free from hatred , reuenge and other passions , which are contrary to the sinceritie required in those places : for that it is hard to haue a sound iudgement with such passions , the which do hinder the true office of an accuser , which is , that in accusing any one hee should no lesse feare the touch of his owne honor and good name , then the partie accused the preseruation of his life and goods : and the accuser ( if he be an honest man ) must thinke and beleeue , that in beginning to accuse , he brings his owne honour in question , which should make him carefull not to propound any thing , whereof he is not assured . To this end the ( l. criminis C. de ijs qui accus . non pos . ) is not able and worthy to bee often read , the which comprehends the said parties . It is likely that the Iudges at Chambery were linkt together in many things , and that TABOVE being froward , and reiecting some admonitions that were giuen him , framed this accusation against his head and President , who had power to command him , and vnder whom he did exercise his place of Kings Atturney generall , of whom he should haue endured some-thing , considering that the dissimulation of iniuries , which he pretended to haue suffered in his owne particular of the said president , would haue done him more honour , and giuen him greater content , then the reuenge which hee got by a sentence at Dijon , although it had taken effect . The conflict of men of that sort is vniust and inhumaine : and hath been in old time reproued at Rome in many iudgements . L. PHILO seeking to accuse C. SERVILIVS his Pretor and commander , whose Treasurer he had beene , was not admitted . The like was adiudged against M. AVRELIVS for L. FLACCVS his Generall . T. ALBVTIVS had gouerned the Sardes a yeare , vnder whome POMPEY was Treasurer . They had carried themselues after different manners : ALBVTIVS like a Theefe , and POMPEY like an honest man . The Sardes made their complaints to I. CAESAR , accusing ALBVTIVS , POMPEY hindred , saying , that hee was best reformed of his life , for that he had beene alwayes with him , and serued him as his Treasurer , demanding the charge to accuse him from the which hee was reiected . CICERO in his first accusation against VERRES , to obtaine the place of an Accuser , and to keepe Q. CECILIVS , ( who presented himselfe ) from audience , he obiected the three principall reasons before mentioned . The first , that hee was not free from blame himselfe , and namely in the gouernment of VERRES , vnder whom hee had had charge in Sicilia . The second , that he professed himselfe his enemie , and therefore transported with affection , which is alwayes to bee suspected . The third , that VERRES is his Commander and Pretor , and therefore cannot bee accused by him , without violating all publike respect of honestie . In the Processe made by NONIVS the black Prouost of Rome against CATELYNS confederates , it was taken ill , that the sayd NONIVS in his Interrogatories , had examined the prisoners : if IVLIVS CAESAR ( being then Pretor ) were not of the conspiracie : for the Pretoriall dignitie which hee then held , the which was one of the highest , and equall with the Consull : for the which the Prouost was blamed and committed to prison , although that one of the prisoners had named CAESAR , and that he was presently to prouide for the preseruation of the common-weale , the which might well allowe the accusation of a Magistrate during his time , especially by one of his familie , who had beene commanded . The which the Lawe hath declared intollerable , and worthy of punishment , as it appeares in L. si quis ex familiaribus , ( and in the last law . ) C. de ijs qui accus . non pos : whereas the Emperours declare such absolutions abhominable , excepting no crime but treason . To conclude , Vocem familiarium funestam amputari potius volunt quam audiri , I haue set downe this Historie at large , for that it is famous . I. Papon lib. 19. of his collection of Decrees and sentences . arr. 9.