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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A04991	The argument of Mr. Peter de la Marteliere aduocate in the Court of Parliament of Paris made in Parliament, the chambers thereof being assembled. For the Rector and Vniuersitie of Paris, defendants and opponents, against the Iesuits demandants, and requiring the approbation of the letters patents which they had obtained, giuing them power to reade and to teach publikely in the aforesaid Vniuersitie. Translated out of the French copie set forth by publike authoritie.; Plaidoyé de Pierre de la Martelière ... pour le recteur et Université de Paris ... contre les Jesuites. English	La Martelière, Pierre de, d. 1631.; Browne, George, lawyer.; Université de Paris.	1612 (1612)	STC 15140; ESTC S108203	61,909	128

of them then when father Claude Matthew shewed at Rome the memories and remembrances for the hastning and aduancing of our miseries and troubles and they hauing proceeded so cunningly that of 37. Bulles which they haue obteined they neuer shewed any but those which least seemed to fauour them because they would not discouer the great recompences which they receiue for endeuouring to bring the Papal dignity to this height that there should be nothing either in the spiritualty or temporalty which should not become subordinate vnto it excepting only their Generall for the better effecting whereof their Bulles containe in them absolution from all excommunications which they might incurre a iure vel ab homine to the end that no respect of duty or of any obligation whatsoeuer might retaine and withhold them in setting forward this businesse And as the Iesuites in excuse of themselues alleadge that they were not the first authors of this absolute power Otho Frisingensis hauing obserued that it began vnder Gregorie the 7. vpon occasion of the inuestitures and was continued vnder Gregorie the 9. so are we to admire the sage prouidence of the Almighty who preserued in the schoole of Sorbonne founded about the same time the treasure of the truth contrary vnto that which the Iesuites propose vnto vs as the first and chiefe article of our faith The schoole of Paris hath alwaies taught that the primacie of Saint Peter and his successours Popes of Rome is by the law diuine in honor and reuerence whereof the Church antiquity the Christian Princes haue granted and attributed vnto the holy Sea many great priuiledges prerogatiues which are by the law humane that Iesus Christ immediatly after him and proportionably sending forth his Disciples and Apostles gaue vnto them all equally and indiuidually the power of the keies and that this mission is a reall conferring of power and iurisdiction euen as all the members of a naturall body although they are inequall in dignity doe proceed immediatlie from nature by reason whereof the estate of the Church is Monarchicall tempered with an Aristocraticall gouernement of Bishops and Priests as it were a Senate the most free and perfect estate which that can be imagined Whence it ariseth that the certaine and infallible authority for the resolution of points of religion doth reside in the whole Church and not in the head alone that by reason hereof Councels are necessarie for the gouernment thereof the conclusion of whose decrees and Canons by reason of the plurality of voices the Pope himselfe is bound to obserue without being able to dispence therewithall but in case where the Church being assembled in councell would haue giuen dispensation namely where it concerneth the good of the vniuersall Church and not of particulars which is the solide foundation whereon the liberties of our Church of France are grounded Hence it ariseth likewise that the decrees Buls censures and excommunications of the Popes yea the Bull in coena Domint and the counsell of Trent as farre as they concerne the ciuill gouernment do no way binde nor may be executed before they haue beene first approued receiued and published by the Councell and Aristocraticall order of the Ordinaries of the places which ought to put them in execution and cause them to be obserued that the sacred elections which succeeded the mission and vocation immediatlie made by our Sauiour Christ do appertaine vnto the Church both by the law of God and nature as it appeareth in the 1. and 6. Chapter of the Acts of the Apostles by the counsels of Nise and Basil and by the ordinances of our King S. Lewes and Charles the seuenth That the Pope is the dispensator and Steward and not Lord of benefices that he cannot trouble the ordinaries in their functions nor depriue them of their benefices without lawfull cause and without the Counsell of the Church according vnto that which Saint Gregorie hath written and is inserted in the bodie of the Canon law can ecce dist 99. and S. Bernard lib. 3. de consideratione cap. 4. and Gersson in his booke of the Ecclesiastical power consid 12. and in the treatise which hee hath made concerning the Estates of the Church Contrartwise the Iesuites teach that it suffiseth not to beleeue that the primacie of Saint Peter is by the law of God but that for a more accomplished gouernment of the Church we must acknowledge a Monarchicall vniuersal absolute and infallible power ouer all Christians yea in that which concerneth the temporalty for to giue them lawes and directions yea in Ciuil matters no otherwise then doth the reasonable soule rule the body and affections of man this is the doctrine of Cardinall Bellarmin in his booke de Rom Pontifice of Salmeron in his fourth Tome and the third part the fourth treatise explaining that place of Saint Matthew Dabo tibi claues regni caelorum I will giue thee the keies of the Kingdome of heauen of his commentaries vpon the 13 chapter of the Romains and in the fourth disputation of Ludouicus Molina the 2. treatise de iustitia iure the 29. disputation of Azorius in the second part of his morall institutions the 4. book and 19. chapter and of his 21. booke the 3. and 5. chapter of Gregorius de Valentia in his commentaries of Magallianus in the beginning of his commentaries of the Ecclesiasticall Hierarchie to which absolute power their principall and most secret vow the first foundation and motion of their institution and Order being tied we haue small reason to doubt but that this is the common and certaine receiued doctrine of all their society They adde moreouer that Iesus Christ hath giuen the keies with all Ecclesiasticall power to S. Peter alone and to his successors for to distribute the same amongst the Apostles Bishops and Priests according as they shal thinke it fit whence it followeth of necessity that the institution of Bishops and Curats is not by the law diuine and that the Church is a pure soueraignty which ought to depend on the will of the Pope alone whereupon the Iesuits found their great power to the preiudice of Bishops Curats and Prelates taking vpon them more authority ouer the flockes of other men then the Pastors themselues And indeed by the Bulles of Gregory the 13. of the yeere 76. and 84. besides that they are exempted from the iurisdiction of all Ordinaries as well secular as regular all command is attributed vnto them and they are constituted to be as it were superintendents in the Church whence it ariseth that they vsurpe vpon the charges of all Ecclesiasticall persons bee it either in administring the sacraments or in any other function whatsoeuer at this day the Penitentiary of my Lord the Bishop of Paris although it be furnished with three most sufficient doctors in diuinity renowned for their integrity yet is it in a manner forsaken abandoned in respect of the Oratory of the Iesuits and the Catholike

had obtained in the moneth of August in the yeare one thousand sixe hundred and tenne they require to haue the instruction of the youth to haue power to set open their houses and to reade Lecture in all sorts of Sciences in stead that the yeare before they had required permission to reade onely in Diuinitie against which demand the Vniuersity then opposing it selfe they with-drewe their Letters fearing that in such a season the great inconueniences of their proceedings and of their institution might bee discouered Their last Letters were presented vnto the Court the three and twentieth of the moneth of August and as there is no artifice whatsoeuer of which they haue not the practise in hand more then three weekes before they had canuassed the faculties of the Vniuersitie yea they vaunted of the consent of some particular men which had alwaies thought well of them they did publish their victory without any resistance they did presse with might and maine the approbation of their letters The court notwithstanding ordered that they should be communicated to the rector and the vniuersity which hauing bin done and the body thereof assembled neuer any man saw more resolution shewed in the defence of their liberty yea with all earnestnesse And there were but three wherof the facultie of the Canon law is composed which failed her at this neede as if the bloud which they haue in their veines did proceed from some other different nourishment and that they had habituated themselues to some strange affection notwithstanding being constrained to yeeld vnto the rest which were in greater number yea a hundred for one the oppositition was framed and receiued in this parliament vnder the name of the rector of the vniuersity in generall The Court hauing done me this honor to name me the aduocate of the vniuersity I haue blessed that day a hundred times which I will hold alwaies as deere as that of my life in which my small labour and merit haue found so great a recompence by your iudgement as that I may render to my country to whom I owe the good fortune of my birth to the vniuersity to whom I am bound for my education this witnesse of my duety and respect and that I may be reckoned by posterity in the number of those to whom this defence in his time hath happened Me quoque principibus permistum agnoscat Achiuis Our time of pleading of the Parliament past ended the morrow vpon S. Martins day our aduersaries vanished as fire in a clowd leauing vnto the Vniuersitie the extreame sorrow of being frustrated of so honourable and so lawfull a combat to which shee had been excited by the Iustice of her cause and by the force of necessity Plorauêre suis non respondere fauorem Speratum meritis In the time that the Vniuersitie imagined shee was at some rest and that the Iesuites did promise openly they would not vndertake any further and that they would containe themselues wee feele and perceiue that they oppresse vs and that the cuill hatched long before hand could not so suddenly be eschewed To cōclude contemning the authority of the King who would haue the iudgement of their Letters to depend on your approbation and that of the Court which had ordained that the Vniue sitie should first be heard vpon her opposition wee see that they are established and vpon their owne authoritie doe instruct Schollers in the Colledge of Clermont vse all scholastical functions and by their witty sleights they will make vs pay interest for our small time of quiet as said the prouident Bat of Athens during the which we haue seene the weeds to grow vp which we suffered to be sowne As the Vniuersitie hath witnessed againe this time to all the world by her obedience that shee would haue slept referring the best of her interest to the benefit of Tyme so shee could not beleeue that now any one in the world can thinke it strange that shee would desire not to die and since that her peace within doth depend in making warre night and day without and that no other plaister can be applied vnto her griefe shee was forced to renue the instant pursuit of this audience to ad a request for the restoring of this enterprise anew whereunto finding the Court well disposed shee hath reason to promise vnto her selfe vpon the whole matter as ready a dispatch as happie and fauourable And because my Lords that in my owne particular I acknowledge my forces disproportionable to so heauie a burthen yea I ingenuously confesse my selfe to bee the least of those of my profession which could worthily acquit themselues thereof fauour him I beseech you with your benigne audience which speaketh by your cōmandement nay rather countenance the cause the most important which hath been pleaded in our memory in that of our ancestours yea of all France the issue and euent whereof will conserue our lawes with the sweetnesse of our liberty or make vs see our ruine without any more hope or remedie the which I will handle as succinctlie as I may and with so much truth and mildnes that I hope to leaue no subiect to accuse ought but the euill wils and subtill practises of the Iesuits against whom the Vniuersity contenteth her selfe to oppose a wisdome truly Christian The Vniuersity of Paris hath bin from all antiquity recōmended for her singular deuotion erudition by meanes whereof many heresies and those of people farre remote haue beene conuinced the Doctors thereof haue so insisted in the waies of the holy spirit in the Catholike Church that by reason of the reputation of this sincerty there haue beene heretikes which haue agreed to take them for Iudges and according to their aduise haue passed condemnation vpon their errors according to the example of the Donatists of Affrica who although they were proud and peruerse yet in the cause which concerned one Caecilianus in the request which they presented to the Emperour Constantine they demanded that the Iudges which should be giuen them might bee Gaules and it hath beene written to her honor by Vern●rus in fasciculo temporū that learning leauing Greece was come to Rome and thence to make her aboad at Paris vnder the protection of Charles the Great who founded the same seuen hundred yeeres agoe and that the light of learning being for certain ages extinguished was again lightened in the Vniuersity of Paris the Popes Celestine and Innocent the third in their decretall Episties haue left for a perpetuall blessing vnto this Vniuersity that she had peopled the most part of the Bishopricks of Christendome And before them Eugenius the third taking notice of the error of Gilbert Porretan Bishop of Poictiers would not decree any thing therein without the aduise of the Vniuersity of Paris by reason of the multitude of learned men wherewith it was replenished saith Otho Frisingensis an Historian of merit and indeed the Bishop was ouercome by the disputations of M. Adam

THE ARGVMENT of Mr. PETER de la MARTELIERE Aduocate in the Chart of Parliament of Paris made in Parliament the Chambers thereof being assembled FOR THE RECTOR AND VNIVERSITIE of Paris Defendants and Opponents against the Iesuits Demandants and requiring the approbation of the Letters Patents which they had obtained giuing them power to reade and to teach publikely in the aforesaid Vniuersitie Translated out of the French Copie set forth by publike Authoritie HONI SOIT QVI MAL Y PENSE ❧ Jmprinted at London and are to be sold neere S. Austins Gate 1612. TO THE HONOVRAble Sir THOMAS FLEMMING Knight Lord Chiefe Iustice of England MY Lord The same reason which first incited mee to vndertake this taske hath beene a principall motiue likewise emboldening me to offer it vnto your Lordships view and to presume to publish this discourse vnder the protection of your Lordships name The matter heerein handled is a notable famous controuersie arising between the ancient and renowned Vniuersity of Paris and the new and infamous yet cunning and powerfull sect of the Iesuits referred vnto the determination of Law Iustice and vpon the pleadings formally and iudicially argued and discussed the Actor a man of Law a learned and famous Aduocate as this his elaborate Argument doth sufficiently testifie and by a learned Doctor and Rector of the Vniuersity of Paris stiled os Themidis fori deliciae The persons and place before whom and where it was represented the Presidents and Counsellors in that great Court Parliament of Paris the sterne and guide of the Common-wealth and affaires of France the iustice and authority whereof amidst the cruell rage and tempests of ciuill wars as a firme anchor vpheld and preserued the same from most apparent shipwracke As then it cannot be accounted I trust superfluous and impertinent in me whose studie is conuersant in the Lawes of this Kingdom to intermeddle with that which is within the compasse of my profession and to ioine the view of the Lawes customes of other Nations and their manner of proceeding with those of our owne since that all humane Lawes haue but one soule which is reason one onlie function which is the peace and quiet of Estates and Common-wealths So I hope it will not be deemed presumption or rashnesse in that I present it vnto your Lordship who worthily presideth in a supreme Court of Iustice not inferiour vnto that of Paris in regard either of antiquity or Maiestie the Basis and pillar of this great Monarchie the firme supporter of the roiall Crowne and dignity To you my Lord who in regard of the place to which your worth learning piety eminent virtues haue iustly aduanced you do bear that honorable stile of Lord Chiefe Iustice a most significant title denoting the speciall charge and interest wich is committed vnto your Lorship in the execution of Iustice which you most sincerely wisely and religiously doe exercise with all integrity moderation to you who by reason here of are of the Law and professors thereof Deus tutelaris a Patron and Protector and therefore what our industry can effect is but a smal acknowledgement retribution of duty to be offered and dedicated vnto you Besides the subiect of this discourse is chiefely against that new excesse of impietie and King-daring doctrine of the Iesuites which like a contagious disease hath infected all the quarters of Europe bred strange combustions in Estates and bene the cause of most desperate attempts against the venimous poison whereof there is not a more forcible preseruatiue then the seuerity of your Iustice nor hath there bene euer any stronger bulwarke defence of the sacred authority persons of our Kings in all times and ages then the common Lawes of this Land Statutes of the Realme of the which your Lordship is the Chiefe-gardian and by due execution doe addelife soule vnto them These reasons my honorable Lord haue moued me though with the discouery of mine owne imperfections to hazard these first vntimely fruites of my idle houres on your Lordships fauourable acceptance wherein I shall haue receiued full content my desire intention beeing only to yeeld vnto your Lordship an humble acknowledgement of that reuerent regard and due respect I owe vnto you and to testifie that I am Your Lordships in all dutie deuoted GEORGE BROWNE AN ADVERTISMENT to the Reader READER To the end that thou fall not into this discourse abruptly I haue thought it not impertinent by way of Preamble to insert this short aduertisment touching the first institution of the Iesuites with their beginning and proceedings in France and the occasion of this present controuersie which may serue not only for an introduction into the discourse ensuing but also for an explanation of sundry passages alleged therein Whatsoeuer is here related I haue taken partly out of Steeuen Pas quier sometime Atturney generall of the King at Paris in his 4 booke of Epistles last epistle which I wold not conceale the rest I haue collected out of the histories of France As for the Vniuersity of Paris I shall neede to say little for it is sufficiently set foorth in the discourse but that it was first founded by Charles the Great in the yeere of our Lord 791. and that the Sorbonne so often mentioned is nought else but a famous Colledge of Diuines founded about the yeere 1253. by Lewis the 9. called Saint Lewis as my Author saith or as others write by Robert brother of the said King Now as concerning the Iesuits this Order first arose in Christendome about the yeere 1540. the Author and Founder therof was one Ignacius Loyola a gentleman of Nauarre who all his life time had followed the wars and being hurt in the Towne of Pampelona which is the chiefe City of Nauarre whilest his wounds were a healing he fell to reading the liues of the Fathers resoluing vpon the pattern of their liues to frame the tenor of his owne afterward ioining with some others who were some 10 in number they altogether swore a kind of Societie and Ignatius beeing cured they made voiages to Paris Rome and to Ierusalem and at last retired themselues into Venice where they made their aboad some few yeeres and seeing they had many followers remooued thence to Rome where they began to make publike profession of their Order promising two things especially the one that their principall end and scope was to preach the Gospell to the Pagans and Infidels for to conuert them to the Christian Faith the other freely and without reward to instruct Christians in good letters and for to fit and accommodate their name to their deuotion they termed themselues religious men of the Society of the name of Iesus They presented themselues vnto Pope Paul the 3. of the house of the Farneses about the yeere 1540. which was the time that Germany began to take armes by reason of the alteration of religion and because that one