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A19951 An oration made on the part of the Lordes spirituall in the chamber of the Third Estate (or communality) of France, vpon the oath (pretended of allegiance) exhibited in the late Generall Assembly of the three Estates of that kingdome: by the Lord Cardinall of Peron, arch-bishop of Sens, primate of Gaule and Germany, Great Almenour of France &c. Translated into English, according to the French copy, lately printed at Paris, by Antoine Estiene. Whereunto is adioyned a preface, by the translatour.; Harangue faicte de la part de la chambre ecclésiastique en celle du Tiers-estat sur l'article du serment. English. Du Perron, Jacques Davy, 1556-1618. 1616 (1616) STC 6384; ESTC S116663 77,855 154

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who seeth not that it is a Sacriledge that hath at all times drawne the Ire Wrath and Vengeance of God aswell vpon Kinges and Princes as vpon particuler Persons who haue attempted the same Euery one knoweth that Saul (a) 1. Reg. 13 15. was deposed from the right of his Royalty and died a miserable death because he would take vpon him the office of a Sacrificer We know that Oza (b) ● Reg. 6. was punished with a sudaine death for putting his hand to the Arke that seemed to sway to the one side We know that King (c) 2. Paralip 26. Ozias was stroken with leprosy and excluded from the administration and gouernment of his Kingdome for taking the Censar into his hand And holy Writ saith (d) Malach 26. The lippes of the Priest shall keepe knowledge and the Law they shall require of his mouth because he is the Angell of the lord of Hostes. And the Prophet Esay (e) Esay 54. saith to the Church Euery tongue resisting thee in iudgment thou shalt iudge And againe (f) Idem 60. The King shall walk in thy light the people in the brightnes of thy rising And King Iosaphat distinguisheth the boundes of the one and the others Iur●diction in these wordes (g) 2. Paral●p 19. Amarias saith he the Priest and your Bishop shal be chiefe in these thinges that appertayne to God and Zabadias the sonne of Ismael who is the Prince in the house of Iuda shal be ouer those workes which perteyne to the Kinges office And our Sauiour (h) Matth. 19. saith himselfe VVhosoeuer shall not heare the Church let him be vnto thee as an Ethnick and a Publican And S. Paul speaking vnto Pastors (i) Act. 20. saith The Holy Ghost hath placed you Bishops to rule the Church of God which he hath purchased with his owne bloud And speaking to the Laytie he saith (a) Heb. 3. Obey your Prelates for they watch hauing to render an accompt of your soules And againe (b) Heb. 5. Neither doth any man take the honour to himselfe but he that is called of God as Aaron And therefore we see that the first Christian Emperours were euerso respectiue and Religious as they would neuer make themselues Iudges neither of matters of faith nor of matters of the Churches discipline nor of the Bishops causes among themselues for feare of violating the rectitude that Gods Ministers ought to bring to Ecclesiasticall Iudgments by the feare of temporall Iurisdictions And that if they published any lawes in such cases it euer was after the Bishops had passed them and to further the temporall execution of the decisions formerly made by Ecclesiastique authority It is not lawfull forme saith (c) Ruff. l. 10. Eccles h●st c. 2. Constantine the Great who am placed ouer temporalities to censure and iudge the causes of Bishops And the Emperour Valentinian (d) Sozom. l. 6. c. 7. the first said It is not lawfull for me who am of the Laitie to arrogate to my selfe the curiosity of searching into these matters And the Emperour Theodosius the second (e) Epist ad Sinod● Ephes writing to the Councell of Ephesus sayth It is not lawfull for him who is not of the ranke of Bishops to intermeddle himself with the decision of the affaires of the Church And the most glorious and victorious of all our Kinges which was Charlemaine confirming the answere that Censtantine made saith (f) Carol. m●g● l. 6. cap. 301. The Emperour Constantine answered vpon the accusations of the Bishops To me who am placed ouer temporalities it is not lawfull to iudge the Bishops causes And confirming that which the Emperour Valentinian had said he vsed these words (a) Ibid. Your busines is aboue vs and therefore iudge among your selues of your owne causes For you are aboue vs. And when on the contrary the hereticall Emperours would take vpon them to meddle with Ecclesiasticall iudgmentes the holy Fathers resisted them contradicted them with all manner of constancy We are not permitted said Hosius to the Emperour (b) Epist ad Const apud Athā in ep ad solit vit agent Constance to hold the Empire on earth nor to You to lay hand on the Censar and to vsurpe the authority of Religion And S. Athanasius sayth (c) Athan. epist ad solit vitam agen When was it euer heard in the memory of man that the iudgments of the Church tooke their force from the Emperour And againe (d) Ibidem He treateth not of matters of the Roman Cōmon wealth where there may be credit giuen to you as to an Emperour but he speaketh of a Bishop And a little after (e) Ibidem Who is he who seeing an Emperour occupying the chiefest place in matters of the Church would not iudge that it were the abomination of the desolatiō fortould by Daniel And Gregory Nazianzen (f) Greg. Naz. orat adcities ti percuis Princip irascent saith Will you heare a free word which is That the law of Iesus Christ subiecteth you to my Iurisdiction to my tribunal For we are Emperours also namly in an Empire greater and perfecter then yours And S. Ambrose (g) Ambr. ep 32. ad Imper. Valent innior saith Who maketh any doubt if we regard the order of the Scripture or the antiquity of the Church but that the Bishops in causes of faith haue a custome to iudge of Christian Emperours And againe Your Father said It is not for me to iudge betweene Bishops And your Clemency saith It apperteineth to me to iudge And S. Martin the renowned ornament of the Gaules saith (h) Apud Seuer Sulpit l. 2. sacrae hist It is an impiety new and not heard of before that a secular Iudge should iudge of matters of the Church And against this it helpeth not to alleage that the Emperour Constantine did call himselfe (a) Euseb l. 4. de vit Constant cap. 24. a Bishop out of the Church For Constantine by that meant nothing lesse then to say that he had iurisdiction and superintendency ouer the externall forme and discipline of the Church Els wherfore should he haue desired with so great instance the authority of the Councell of Nice for the decision of the day of Easter But he meant only to say that what the Bishops did by their preachings among the Christians within the Church that did he out of the Church by his Edictes against the Infidells He ordayned sayth ●usebius by his Edictes and gaue order to the Gouernours of the Pagans to cause them to keep the Sunday also aswell as the Christians and to honour the dayes of the Martyrs and the feastes appointed in the Churches And therof it came that hauing one day feasted some Bishops he called himselfe Bishop in their presence saying vnto them God hath placed you Bishops within the Church and me a Bishop out of the Church But me thinkes I heare You already say that
our part to the Emperour who shall diligently informe themselues what conceit he hath of the Catholike faith and therof shall make a report vnto vs. And in case they find not any thing but sound wherefore should we disquiet him But if otherwise we will persecute both him (a) Cost addition and the Pope himself sent 〈◊〉 stile de l'Anglois non comydes Barons de S. Louys and the Pope himselfe if he beleeue not in God aright or whome soeuer besides to the very rooting out of the memory of them And when Peter King of Aragon besides much intelligence and correspondence he interteyned with the Insidels had caused the festiuity of Easter day to be violated by the horrible massacre of the Sicilian Euensong Pope Martin the 4. saith Paul Aemilius (b) Paul Aemil. in Philip. 3. and du (c) Du Haillan l. 12. de Phist de France Haillan after him acquited and absolued the Aragonians of the Oath of fidelity they had made to the said Peter And Philip surnamed the Hardy Sonne of the same S. Lewis and Father of Philip the Fayre tooke armes for the execution of the Popes censure died in executing of it But I insist the lesse vpon this example because though there were some cryme of religion intermixed with the motiues of the censure yet there wanted not many temporall respectes and causes I only alledge it to shew how far off the Kinges of France were from holding that it was contrary to the word of God and impious and detestable to thinke that in certaine cases the subiectes might be absolued from their fidelity and allegiance sworne to their Princes sith they became thēselues the executors and reputed such actes amongst the chiefest workes of their piety For the defendors of (d) Act. inter Bonif Phil. Pul●h fol. 80. pag. 2. Philip le belle haue put this example amongst the meritorious workes of the Kinges of France Philip his Father say they ended his life and went to God prosecuting in Aragon the Churches quarell And when the Pope Vrban the fifth had excommunicated Peter the Cruell King of Castile For that saith Froissart (a) Proissart vol. 1. cha 230. an Authour of the same tyme he was an (b) Bulgaret en Froissart signifie Albigeois an heretike heretike a persecutor of the Church conspired with the Moores some adde (c) De Ser●es an abnegatour and abiurer of his Christianity and had discharged his subiectes of the Oath of their fidelity King Charles the si●th assisted the Popes censure with his armes and sent his Constable with an Army to driue Peter out of Castile and to put Henry the Bastard of Castile in his place The King of France saith Froissart (d) Froiss en Phist de Fran. 1. volian c. 230. was very glad of this ordination and decree and laboured and effected that Monsieur Bertrard du Guesclin was sent to the Finance And du Haillā saith Charles (e) Du Haillan e● la vie de Charle 5. the fifth King of France relying vpon the interdict laid by the Pope vpon the Realme of Castile vpon the right by him giuen to the Bastard sent forces of the French for his ayde and succour vnder the conduct and charge of Bertrard du Gues●lin newly returned from his prison And when the Con̄cell of Constance which all the Parlamentes of France imbrace and receaue as the Palladium of liberties of the Church of France was assembled and held for the taking away of the schisme that was betweene the three Popes contestating and standing for the Popedome that the Emperour Sigismund tooke vpon him the charge of going in Embassage in behalf of the Councell to Pope Benedict the 13. into Spayne a iourney vndertaken for a reunion and taking away of the schisme of the vniuersall Church wherunto none might cause any impediment or let without declaring himselfe an enemy of Christian religion the safe conduct that the Councell gaue him for his security of passage through the landes of other Princes and Potentates was cōprised in these wordes (a) Concil Constant fess 27. If any King Cardinall Patriarke Archbishop B●shop Duke Marques Count be any hinderance or let vnto him let him be depriued of his dignity be it secular or Ecclesiasticall And this Gerson Chancelour of the vniuersity of Paris and the Kinges Ambassadour and all the Bishops deputed of the Church of France being present and consenting And when the Councell of Basil consisting for the greater part of French Bishops and which the Parlamentes hould for another Bulwark of the Church of France meant to propose a perpetuall example of direction d●scipline to posterity it caused the same Actes of the Councell of Constance to be published anew and with the very same wordes And not only the Councell in generall but also the Doctours in particuler who haue liued since the Diuinity which we call Scholasticall hath been instituted and namely those who haue beene Frenchmen or haue written and taught in France haue all held auerred this doctrine I will not speake of them who haue more exalted and extended the Popes power as Alexander de Hales (b) Alexand Halen p. 4. quast 10. an English Doctour but who read and taught in Paris Hugo de (c) ●ugo de S. Vict. l 2. de Sacram p. 2. 〈◊〉 41. S. Victore an Almaine yet a Doctour and Abbot of Paris Durand Bishop of Mande (d) Durād M●●●● in 〈…〉 surnamed the Speculatour Durand (e) Durād M●ld l. de orig ●urisdict q. 2. Bishop of Meaux Peter Paludanus (f) Petr. Palud tract de caus imnad potest art 4. Patriark titular of Hierusalem (g) Heru tract de potest Papae Heruey and others But I will speake only of them who haue specified the case of heresy or of Apostacy and namely of S. Thomas who for hauing taken the degree of Doctour in France and studied read and written so long a time in France ought to be reckoned and numbred among the French Doctours and who for hauing beene the chief of them all and for hauing had the honour to be Kinsman to S. Lewis and to haue beene highly fanoured by him and to haue eaten at his table ought to be the lesse suspected of Princes He then in his Summe which is the substance of all his other writinges and as his last will and testament and which hath at all times beene publiquely read and if I may say it adored in the Schoole of Paris sayth expressely in these wordes (a) Tho. 2.2 q. 〈◊〉 art 10. 〈◊〉 corp art The right of dom●nation or gournement that the Infidells haue ouer the faithfull may be iustly taken away by the sentence or decree of the Church hauing the authority from God For the Infidells by the des●rt of their infidelity merit to loose their power ouer the faithfull who be trāsferred to be become the children of God And sometimes it happeneth
the matter of this article is not a question of Religion but a simple and meere question of Estate and Policy As if to handle how farre the spirituall vse of the keyes and of the power of binding and loosing which God hath giuen vnto his Church extendeth it self were not a question of Religion As if to dispute whether these keyes might passe to the excōmunicating of them that willingly obey their Princes who after hauing done homage of their Crownes to Iesus Christ come to vse manifest felony against him to proclay me warre against him and to impugne his faith and doctrine were not a question of Religion As though to dispute whether those keys could in conscience and in the Churches tribunall absolue soules of the Oath of Allegiance they owe to their Princes when their Princes violate and breake the reciprocall Oath they haue made to God and to them to mayntaine them in Christian and Catholike Religion were not a question of Religion For therin being two obligations and bandes by which the subiectes are bound to obey their Princes the one politicke which hath for his scope the peace and felicity of the temporall life and against the violating wherof there be temporall paynes ordained which is that wherof the Apostle speaketh (a) Rom. 13. when he saith That a man must obey Princes not only for wrath the other religious and Ecclesiastike which is that of the obedience that Christians owe to their Princes not for the simple respect of lawes and paynes temporall but for respect vnto God and for the consideration of rewards and paynes eternall which is that that the same Apostle (b) Ibid. calleth for conscience sake Who doubteth when there is question of vntying not of the simple knot politike for which the politike lawes be instituted but of the spirituall and Ecclesiastike knot and of the obligation contracted in the tribunall and Court of conscience and this being the matter which is now in dispute whether in case of heresy it may be v●tied or not who doubteth I say whether this question be a question of Diuinity And more then this whatsoeuer the matter be in it selfe who seeth not that to dispute if it be conforme or contrary to Gods word is a question of Religion But some will reply and say that this is so cleere and so euident by Scripture as it admitteth neither vntruth nor dispute nor censure Is it true Where then there is a proposition which all the schoole Doctours and namely the two great lightes of Schoole Diuinity S. Thomas and S. Bonauenture and so many other Bishops and Doctours haue thought conforme or at least not repugnant to the word of God shall the contrary proposition be so cleere in Scripture as it shall need neither to be disputed about nor censured And what article then of faith may not be thrust out of the Churches Tribunall and exposed to the prey of Hereticall presumption if it be inough to say that it is so cleere in Scripture as that therin there is neither need of dispute nor iudgment Indeed this might haue some apparence if those who hold the one of the propositions should alledge Scriptures for themselues and the others should not cite any at all But as well those who hold the affirmatiue proposition as those who hold the negatiue argue by Scripture answere by Scripture and reply by Scripture For example they who hold the affirmatiue that Princes who ouerthrow and destroy religion 1. Reg. 15. may be excluded and depriued of their right alledge that Samuel deposed Saul or according to others for I pretend not to treate here by way of resolution but only problematically declared him deposed for hauing violated the lawes of the Iewish religion ● Reg. 11. That the Prophet Abia deposed Roboam frō his right of regality that he had ouer the Ten tribes of the people of Israel because Salomon his Father had reuolted and fallen from the lawe of God and sacrificed to false Gods That the Prophet Elias deposed Achab for hauing imbraced 3. ●●g 19. the religion of false Gods and persecuted the seruantes of the true God Those contrariwise who stand for the negatiue part answere that the organs instruments ministers and oracles of such depositions were the Prophets who were particulerly and infallibly instructed taught and inspired of Gods will and that their actions cannot be drawne into a consequence for the time of the Euangelicall law wherin there be more Prophets Those who reply forthe affirmatiue part say that where there were in the Iewish religion two sortes of missions the one ordinary which was Sacerdotall and the other extraordinary which was that of the Prophets it was to this end that if the ordinary came to decay or to decline it might be raysed vp agayne and supported by the extraordinary But in the law of the Ghospell there is but one mission and that Sacerdotall or of Priestes All the authority infallibility which was in the two missions of the old Testament is vnited in the only ordinary Sacerdotall mission of the new which consequently can no more fayle and be deceaued in iudging of Heresy or of Apostacy from Christian Religion which be the two only causes for which the French Doctours who haue written in fauour of Kinges think a Prince may be excluded from the right of raigning ouer Gods people then the propheticall mission of the old Testament And others adde that euen in the old Testament this prerogatiue was not restrayned to the Prophets alone but was extended to the Priest For the Priests iudged of the leprosy If thou perceauest saith the Law that there is difficulty betwene leprosy and leprosy Deut. 27. thou shalt arise go vp to the Priests of the Leuiticall stock And hereof there were two reasons the one for that the leprosy as all the ancient Fathers haue obserued was a figure of heresie the iudgment wherof by right apperteyned to the Priests of the new law of the Gospel alone the other for that the leprosy was not then one simple malady or disease naturall amongst the Iewes as it is now but it was a punishment extraordinary Leuit. 14. miraculous and diuine For this cause it lay one while in a stone of the wall Leuit. 13. which was to be pulled out to take it away another while in a linnen or wollen garment By occasion whereof the iudgment of this plague apperteyned to them who were the ordinary interpreters of the causes of Gods Ire that is to say to the Priestes And in this ease say they all were subiect vnto them euen the Kinges themselues and bound after they had giuen sentence of the leprosy and declared them to be touched with it to separate themselues from company and from the gouernment of the people And of this they bring for example the story of King Ozias 2. Paralip 26. who was suddainly stroken with a mark in the forehead for hauing
Apostacy cannot be secured To this obiection the answere is short and easy For the Church intermedleth not her selfe with the absolution of the subiects but in the Ecclsiasticall Court and therin besides this payne and that of excommunication it imposeth not any other By meanes wherof it is so far from consenting that any attempt be made vpon the life of them whom it hath excommunicated as it abhorreth all fortes of killinges and murtheringes and especially such as be sudaine and vnexpected in regard of the losse of both body and soule which cōmonly go therin accompanied togeather And if they say that the Church ordayneth it not but that it is the cause that it is done for as much as the Common wealth conforming it selfe to the Churches iudgment and making the same decision in the tribunall politique if the Prince keepe on his former course declareth him a Tyrant and an enemy of the state and consequently subiecteth him to the power of the Lawes politique which permit the conspiring against Tyrantes for the making of them away and for killing of them we bring first this exception that there is great difference betweene Tyrantes of vsurpation whome the Lawes permit to extirminate by all manner of wayes and Tyrantes of administration and gouernement who are lawfully called to their Principality but gouerne it ill and we add that the Hereticall Princes who persecute the faith and their Catholike subiects be of the number of Tyrantes of administration and not of the number of Tyrants of vsurpation against whome alone it is permitted to conspire by clandestine and secret practises And if they further vrge and say that the politique Lawes permit conspiracies against the one and the other we answere that they are politique prophane and heathenish Laws as those of the ancient Romans or of the Grecians in former tymes and not Christian politique Lawes For the Christian politique Laws consider not only in their Princes the respect due vnto them for the good of temporall pollicy and the regard of the Maiesty of the Estate which they represent but they further consider in them the Image and vnction of God who hath called them to that Dignity in so much as in them who haue once had the lawfull vocation of Royalty what Tyrany soeuer they exercise the Christian politique Laws neuer passe so farre as to permit the vse of proscription against their persons or that any do attempt by clandestine or secret coniuration or conspiracy against their persons or liues but they carry the same respect to them that did Dauid to Saul notwithstanding he knew he were reiected 1. Reg. 26. cast of and reproued of God when he said Who shall extend his hand vpon the anoynted of our Lord and shal be innocent In so much as if the Christians be constrayned to defend their religion and their life against Hereticall and Apostata Princes from whose allegiance they were absolued the Christian politique Laws permit not more then what is permitted by military Lawes and the right of nations that is to say open warre and not clandestine and secret 〈…〉 and conspiracies For there alwaies remayneth in them a certain habitude to the dignity Royall as it were a marke of a politique character that discerneth them from simple particulers and when the obstacle and impediment is taken away that is when they come to amend themselues and to giue satisfactiō it restoreth them to the lawfull vse and exercise of their regality And therefore we see that in so many controuersies that the Popes haue had with tēporall Princes neuer any Pope went so far as to coūsell or to assent to the murthering of Princes Contrariwise if any calumniators laboured to impute it vnto them they haue euer iustified themselues euen with the horrour and abhomination of such actes remembring themselues of these wordes of S. Gregory when the Lombards made war vpon him If I would haue medled with the death of men Greg. lib. 7. epist 1. the Nation of the Lombards should at this day haue had neither King non gouernors But because I stand in feare of God I will not haue to moddle or deale with the death of any person And touching the other point of the last Inconuenience which is that this medly maketh the remedies that they would bring to the daunger of the Kinges to be not only vnprofitable but also pernicious and domageable there needeth not much eloquence to perswade it For if those who made the attempts vpon the liues of our Kinges were moued to those horrible parricides by a false imagination which they conceaued to wit that our Kings did something in preiudice of religion how much more would they haue thought they had a greater better pretext if they had beleeued that our Kings had abused their authority by the bringing in of schisme and the ouerthrowing of Religion and that they had seene themselues in schisme separated from the communion of the Sea Apostolique and cut off from the other partes of the Church And more then this who vnderstandeth not that there cannot happen any thing of more and greater daunger for the life and authority of Kinges then intestine and ciuill wars which schismes do ordinarily draw after them Moreouer who knoweth not that the cōtempt and indifferencie of Religion which must needes follow vpon schismes engendreth and occasioneth Impiety and Atheisme and taketh quite away all the respect that men are wont to carry to Kinges for the loue of God and for the reuerence of Religion which is the strongest corps or Court of Guard and the surest rampaire for the defence and security of their persons For when Religion is had in contempt men are not any longer withholden from attempting vpon the persons of Kinges then by force and by feare of the temporall paynes and therfore when they thinke they may do it without beeing punished or that they contemne and make no reckoning of the temporall paynes they haue no more bridle to conteyne them or to hold them in Finally who seeth not that there can be nothing worse for the safety of the persons and of the estate of Kinges then to stir vp and drawe vpon them by an ouerture of a new schisme and diuision from the Church Psal 75. the wrath of him who taketh away the spirits of Princes from out of the earth And heere Gentlemen I will not with you vse more reasons and argumentes but wil passe ouer to exhortations and intreaties and wil coniure you to remember that you are French men and that you are also Christians and Catholikes and that in treating touching the securing of Kinges you must not only cast your eies vpon the earth but also lift them vp to Heauen and you must not remedy their temporall safetie in causing them to forgo and loose the euerlasting nor prouide for your bodily part which is France by destroying and ruyning the spirituall parte which is the Church The Pope tolerateth and