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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

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Chapter of Deuterno that God did expresly forbid that a vineyard should be plāted of diuers kinds of plants to mixe woollen and linnen together to sow a fielde with diuerse seedes The nouelty of the institution of the Iesuites societie their doctrine different from that of the Church and from the Theologie of our schoole the which neuer swarued nor went out of the eclipticke line of truth yea diameter-wise and directlie opposite and contrary to the authority of free Monarchies hath beene the cause that our ancestors haue earnestly withstood the receiuing of the Iesuites and that the schoole of Sorbone then furnished with the greatest and most famous doctors of Christendome the greatest part whereof were assistant at the Councell of Trent made that famous decree of the yeere 1554. which conteineth a prophesie of the miseries which were felt sithence and endured presages God for our chastisment hath ratified so that the ineuitable necessity in which the enterprises and imprudent passions of the Iesuites doe ingage vs the extreme perill which they haue brought our Countrey vnto cannot but vntie our tongue although we should haue been mute and tongue tyed all our liues for to performe the same duty againe at this present guided by the light of those to whom we would take it for a speciall grace to be resembled either for sufficiency or honesty not being able to faile vpon this occasion to discharge our consciences for the honor and preseruation of the publique weale and for the aduancement of truth vnlesse we will bee thought more zealous to our owne ruine then affectionate to our safety Wherein as our intention is to take the same decree of our schoole for the rule and measure of this demonstration which the Iesuites could neuer procure to be censured at Rome where our deuotion is knowne and where it is not yet out of memory what opposition was made there as well as here at the establishment of the Iesuites which had preuailed had it not beene in regarde of their fourth vow so we will begin with the same protestation which the diuines of Paris then made in which we desire to liue die and for the good of the Catholike Church and of the holy Sea would confirme it with our blood that wee haue no desire to enterprise any thing either in thought word or deed against the authority of our holy fathers the Popes But contrariwise all of vs in generall and each of vs in particular like obedient children doe acknowledge the holie father to be the Vicar of our Lord Iesus Christ the vniuersall Pastour of the Church to whom God hath giuen fulnes of power therein his decrees and constitutions are to be obeyed and reuerenced kept and obserued and as the Vniuersity and schoole of Paris had neuer other beliefe so now doth shee openlie pronounce it with her heart and with all true affection Our Vniuersity together with all Christian people hath reason to take offence and scandall at the vsurpation which the Iesuites haue made vpon the holy name of Iesus in attributing particularly vnto themselues this speciall and incommunicable name which cannot bee giuen for a marke and distinction amongst Christians but is a name of effect and of office which apportaineth vnto none but to the Sauiour of the world neuerthelesse as if the Iesuites in a kinde of analogie or proportion could doe something in the Church like vnto that they would make men belieue that their society is essentially necessary for the Catholique religion that without them it cannot subsist they say that they were chosen by the diuine prouidence for a rule and reformation in these latter times Ad silentium tumidis magisterijs imponendum defectus aliorum corrigendos supplendos To suppresse and put to silence the haughty doctors and to supplie and correct the defects of other men As Ozorius hath written in his second sermon vpon the death of father Ignatius applying vnto their society the dreames and vaine fancies of the Abbot Ioachim condemned by the Church Whereuppon it followes that they submit all that which concerneth the honor of God or the good of the Catholike religion to the particular interest of their society and repute all those for heretikes which doe not follow their diuelish opinions and concurre with them in their subtilties and cunning practises This is the reason that Ribadenera writeth that Ignatius Loiola framed his religion by reason that all the rest were defectiue whence it proceedeth that by the Bulles of Pope Pius the fifth and sixth they haue gotten by way of preuention all the graces indulgences faculties and priuiledges which can be found euer to haue beene granted to any Antehac concessa concedenda A testimony that their ambition is not yet at the point where they will stay In their institution they haue wholy derogated from the discipline of the Church and from all the ancient Canonicall constitutions it may be truly saide as the decree of the Sorbonne hath already pronounced that they haue built and raised themselues vpon the ruine and decay of monasticall discipline All the religious men which since the time of our Sauiour Christ haue chosen a kinde of life speciall and different from that which is ordinary and common to all Christians haue made immutable vowes taken markes whereby to be discerned stedfast immoueable and perpetuall rules The law of God doth command that that which is dedicated and consecrated vnto God by the sanctification of a solemne vow should remaine for euer assured and setled in that estate which is the highest degree of perfection that can bee imagined whence it commeth to passe that in things inanimate and without life wee cannot make that which is sanctified perseuering in his integrity to be vnhallowed and loose the force of his consecration Farre greater reason then is it that a man vowed dedicated consecrated vnto God should not loose this essentiall quality and inseparable from the subiect Saint Thomas setting downe the difference betweene a simple Vow and a solemne vow as that of entring into religion is teacheth vs that the solemnity of a vow consisteth in the consecration of him which is vowed Quando per certaeregulae professionem relicto saeculo abdicata propria voluntate perfectionis statum assumit When by taking vpon him the profession of a certaine rule or Order forsaking the world and renouncing his owne will and affections he doeth assume the estate of perfection which all the Diuines hold cannot be abandoned nor forsaken without Apostasie The Iesuites at the entring into their order do make a solemn vow between the hands of their superior and a solemne profession to liue according to the rules of their society the which are of Obedience Pouerty Chastity notwithstanding by permitting as they doe those of their order to change their forme and manner of life to possesse goods and riches to succeed their ancestors as heires and at a need to marry as many of
thus MY Lords The Historie sheweth vs that after the battel of Cannas in which the Romans receiued the greatest losse that euer befell them forty thousand Citizens the Generall of the Armie with fourscore notable persons of the Senate beeing kild vpon the place the rest of their troopes either taken or dispersed the Enemie victorious and triumphant at the gates of the City the name of that magnanimous Common-wealth brought almost to nothing those of Capua which had alwaies nourished an ill wil toward the Romās forgetting all respect of obediēce due to the Empire without any apprehension of the bonds and obligations wherewith they were bound to the people of Rome vpon the very point of such an occasion thought to make themselues Lords of Italie so that in stead of contributing to the necessities of the State of Rome offering the succour and aid which was required of them they demanded to participate in the chiefest dignities and that the honor of the Common-wealth might bee diuided betweene them and the Romanes After the losse of our great King whose Person ought to haue beene as deare to vs as his Monarchie you haue seene the Iesuites instead of compassion seeking to raise themselues by the common calamitie of France and without giuing vs any leasure to set in order the domesticall affaires of the Estate to labour with might and maine and to loose no time for the entire establishment of their owne authority I doe not say that they haue demanded to partake in the greatest charges but by meanes of the Hostages of all your children which they haue required to become able to distribute thē absolutely and to rule at their pleasure as they haue already promised vnto themselues The sequele of the Historie touching this generous people addeth further that at the ouerture which was made of such a proposition the affliction of the Romanes was vpon the instant conuerted into an extreame indignation against such ingratefull persons which they knew well how to accompanie with a Resolution beseeming their courage I will represent it in the same termes Indignatione orta submoueri à Curiaiussos esse missúmque lictorem qui ex vrbe educereteos atque eo die manere extra fines Romanos iuberet The Romanes beeing mooued with indignation commaunded them to bee conueyed out of the Senate and sent a Sergeant with them to bring them out of the Citie and forbadde them from that day forward to enter into the Territories of the people of Rome If God had giuen our poore nation as much prudence stedfastnesse as bounty facility that theeies of our vnderstāding were as cleare-sighted as those of the body the example and resolution of the wisest that euer the Sunne saw might haue serued for a direction in this occurrence which is vnto vs of no lesse importance And as this sage counsell was soone seconded with good successe for the enemie diuerting his enterprise from against the scat of the Empire to receiue the affections of those of Capua gaue the Romanes time to take breath and to make their greatnesse appeare more redoubtable then euer the same remedie would vndoubtedly haue secured vs from the troubles and diuisions which they sowe amongst vs wherein the enemies of France take farre greater assurance then in all their force But alas beeing giuen to vnderstand by the manifold harmes wee haue sustained of their designes both already past and yet continued vnto the fourth generation shall not we be touched with a liuely apprehension that at this time their onely drift is to see vs the last of French men and neuer to liue in repose that the condition and life of our Kings and Princes our owne and that of our posteritie be no longer assured This is the third time that the Vniuersitie of Paris eldest daughter of the thrice Christian Kings hath beene reduced to this necessitie by the enterprise of the Iesuites neere vpon their fi●st arriuing there was nothing else heard to resound in this place but Prophesies of their intention that they would confound all politicke order and depraue the Lawes diuine and humane what presages were there of the desolation of learning and of the ruine of the greatest and most famous Vniuersitie which hath beene vpon the face of the earth Although that this were declared by the mouth of the greatest personages whose memory shall euer bee honoured by vs notwithstanding it was hard to perswade vs that which hath prooued since but too too true euen then when the Royall dignitie was in estate so assured that it seemed wee neuer needed to feare any mutation and besides the Catholike religion accustomed to propose nothing but amitie faith and inuiolable concord made men little to mistrust that it was possible to bring into the Church which had flourished so many ages without taking aduantage of trouble and dissention this new learning in her old age which hath done so much harme and made the remedies more dangerous then the disease As it is not commonly seene that propheticall declarations are frustrated of their effect so these predictions haue beene authorized by the euents in such wise that the Iesuites working at one and the same time vpon two contraries they haue stirred vp that which was of ill disposition in our stomackes as well the cold as the hot and for thirtie yeares continuance haue molested France with such a furie that we haue found by experience but too late that hauing made vs lose all fidelitie dutie and charitie wee were out of hope of any recouery if hee whom God would haue to be the Physitian of our griefes had not by his balme of amitie and reconciliation a most gentle lenitiue and most profitable for our afflictions brought backe our quiet and repose The Vniuersitie did not then faile to giue the watchword and to aduertise vs what were the causes of these mutatiōs which were by her worthily and truely represented and plainely and manifestly laid open the subiect of so great an inflammation and of such a continuall feuer The Vniuersitie of Paris beeing more mortally iniured thought on nothing but sorrow and sought by an eternall remembrance to immortalize the merit of her benefactor there was not any Temple of this great Citie which shee filled not with teares with holy seruices with funerall discourses in his honour the time did not suffice to recount the warres the trauels the counsels of her King whose honour can neither increase nor be diminished when the Iesuites puffed vp with hope and courage did raise this great Nouitiate in the Suburbs of Saint Germaine A new Colledge now in building for their nouices for the which designing out so large a circuit they doe not dissemble any longer but plainely declare that they will no more faile of the prey which they haue so long pursued they doe reedifie and augment their Citadels and withall doe denounce warre against the Vniuersitie vnder the fauour of Letters which by importunitie they
them haue done they doe peruert the effect of this infinite obligation and of a most solemne vow they make a simple one and giue leaue vnto him which hath promised to obserue their rule and by consequence that which depends thereupon to violate the same which is so strange that Nauarrus in his commentaries De Regularibus tom 1. saith hoe est nouissimum admirabile concessum praefatae societati This is an admirable noueltie granted vnto the aforenamed societie If it had beene any where else but at Rome he would not haue stucke to haue said that this was repugnant to the Diuine and Canon law And although that there be nothing more natural in all obligations and bonds yea the chiefest and most precise of all then to be reciprocall and mutuall that as the people are bound to yeeld fidelity and obedience vnto their Prince so is he bound likewise to giue protection vnto his subiects God himselfe would not be exempted when he saith assemble me the people of the earth that they may iudge beweene my people and me what thing I ought to haue done for them and haue not done it And more apparantin the gospell which is full of sweetnes and mildnes whence it proceedeth that there is no religion in the world receiuing the Vow and submission of a religious man which doth not bind it selfe to keepe and maintaine him in his greatest extremities and infirmities they on the contrary as if they were bound to nothing at all do expell and may turne out at their pleasure yea though they haue beene thirty yeeres of their society those which are weake and sickly Whom they either cannot or will not make vse of any longer Another thing quite contrary to Ecclesiasticall discipline is this By the Buls of Paul the third of the yeere 1543. and of Iulius the third in the yere 1550. they are permitted to change all their rules and constitutions as often as it shall please their Generall and he shall thinke it to be expedient for the good of his company these are the very words Et tam hactenus fact as quam in posterum faciendas constitutiones ipsas iuxta locorum ac rerū qualitatem mutare alter are seu in totū cassare alias de nouo condere poss●nt valeant And that they haue full power and authoritie according as the condition of the places and the estate of the affaires doe require to change alter or vtterlie to abolish all constitutions either heretofore made or hereafter to bee made and to make new in their stead So that as they say themselues they are neither regular nor secular nor are bound to any rule hauing no other excuse for this dissolution but the designe of the absolute power which they continuallie point at that the temporal power may giue place to the spirituall for the greater glory of God as it is saide in the ninth part of their constitutions the third chapter and ninth article poterit in omnibus ad maiorem Dei gloriam vt senserit procedere Hee may proceed in all things as hee shall see cause so it be to the greater glorie of God The end of their fourth vow is the most exact obedience to the Pope concerning their missions which they will make vs beleeue is only in regard of Infidels but on the contrary they themselues haue written that this obedience ought to be measured and referred vnto the motion and will of him to whom it is promised So that at the instant that the Pope shall purpose that the Bull in coena Domini should bind the French men and that he would leauie that which they call and terme sufferance the Iesuites are obliged by their vow to execute it according to his meaning without any other temper or moderation but the will of their Generall on whom the estate and the life of all our Kings by this meanes shall depend an effect of their blind obedience for the perfection whereof they adde Imperfecta est ea obedientia in qua praeter executionem non est haec eiusdem voluntatis sententiae inter eum qui iubet eum qui obedit consensio That obedience is vnperfect wherein besides the execution there is not the selfe same consent both of will and opinion in him that commandeth and the other who obeieth hauing no other guide but the meaning and will of their Generall which they ought to execute from point to point and say that they are bound to effect it without any knowledge or discretion after the manner perchance as we reade in Victor in the third booke of the persecution of the Vandales that Hunneric King of the Vandales being set on by the perswasion of the Arians would that all Catholiques should sweare to that which was conteined in a paper which was sealed vp euen as the Prouincials of the Iesuites often times in their assemblies doe cause the important commands of their Generall to be executed And that which is wondrous strange to the end that they may make the power of their company absolute and the power of their Generall more ample then that of the Pope in that which concerneth their vowes and missions is this that by the permission of their Generall they may cause that to be performed by others which is enioined them by the Pope and it may be reuoked by their Generall yea without the knowledge and consent of the Pope in the ninth part of their Constitutions chap. 3. art 3. And that which tendeth rather to lay the foundation of a particular greatnes then to the good of the Vniuiuersall Church they haue obteined Bulles wherein all men are forbidden without excepting any no not my Lords the Cardinals to take vpon them any knowledge in the secrets of their rule or to sound them although it were to no other purpose but to know the truth thereof as if that from henceforth the discourse and iudgement of men were bound to become slaues to their vnderstanding and direction alone by the Bull of Gregory the 13. decreed in the yeere 1584. Ne quis cuiuscunque status gradus praeeminentiae existat dictae societatis institutum constitutiones vel etiam praesentes aut quemuis earum aut supradictorum omnium articulorum vel aliud quid supradict a concernnes quouisdisputandi veletiam veritatis indagandae quaesito colore directè vel indirectè impugnare veleis contradicere audeat That no man of what estate degree or preheminence whatsoeuer be so bold as vpon any fained colour either of disputation or of searching out the truth directly or indirectlie to impugne or contradict the ordinances and constitutions of the said societie or these presents or anie article of them or of all the aforesaid premisses or anie other thing which may concerne the said premisses And that which surpasseth all beleefe it attributeth vnto their Generall only power to explaine and interpret it as hee shall thinke good which was inuented in fauour