all this while that French Catholikes were in this poynt agreeing rather with the Parlament in England then the Church of Rome But God be praised the curtaine is drawne at length which heretofore hath parted the stage from the attyring house and now the spectatours who are as many of our Country as can write and read may seâ— that such as plead the partes of ciuill rich and religious persons are many of them no better then insolent beggarly and lewd companions This worke is performâ—d in this Oration following wherewith I haâ—e thought good to present the courteous Reader composed and prâ—nounâ—ed by that ornament of our age the Cardinal of Peron a man so well knowne to the world for the great childes portion which the father of all good thinges hath allotted out vnto him of incomparable learning prudence and zeale towardes the Catholique Faith It pleased God by his meanes long since to conuert the last King of France from his erroneous beliefe to make the said Cardinall amongst others an Instrument of compounding that busines of the Venetians whereupon the peace of the Church did in some sort depend and now this honour was only wanting to him that he should be the meanes to restore one of the noblest members of the Church for so we may without any vanity to the glory of God esteeme the English Catholikes who with so admirable grace and strength are stil swimming through the bitter waues of persecution to the honour of only suffering for that faith which other Catholike Countries do professe wherof our Aduersaries haue studied so earnestly to depriue vs whilest they say the doctrine conteyned in the Oath of Allegiance is impugned by vs out of singularity or seditious humour and that our next neighbouring Churches of the same Communion would acknowledge and confesse the same But I must not reflect so particulerly vpon the dignity of the Cardinalls person and the extreme obligation which al good English Catholikes haue to him as therby to neglect the setting forth of the aduantaâ—e which our cause hath got by his Oration For although it were not a matter of small importance if it had beene deliuerâ—d by himself but as a priuate man yet it ought to rise to another manner of accoumpt when it appeareth that as the stile thereof was ordered by his eloquence and the sound thereof pronounced by his voyce so also the substance and strength of it did spring euen from the hart roote of the whole Clergy of France represented by those Archbishops and Bishops and other Prelates there assembled and was both ioyfully receaued and clerely auowed by the whole Nobility of France assembled also and represented in lik maÌ„ner Now to the end good Reader that thou mayâ—st runne through with moâ—e facility and be able with more syncerity to discerne of that which is conteyned in the Oration I will make thee acquainted with the occasion therof and premise also some few other thinges whereof perhaps thou art ignoranâ— and which may serue to set thy iudgment straight in that which followeth The Parlaments in France haue no resemblance to ours in England but are certaine sedentary and supreme Courts of Iustice compounded only of Lawyers who iudge without appeale within their seuerall precinctes of Iurisdiction Of these Courtes there are eight in France all independant on of another though the Parlament of Paris haue a Country vnder it of greater extent and by residing in that Citty which is the ordinary habitation of the French Kinges it hath growne to that kind of amâ—ition and vsurpation which some Patriarchs of Constantinople and some Bishops of Rauenna haue been subiect to in different causes but vpon like occasions That which in France doth answere the nature of our English Parlament is the holding of the three Estates Generall the Clergy the Nobility and the Communalty which last is called the Third Estate but it is with this difference amongst others that they sit in three seuerall Chambers whereas the two former of ours sit in one and wheras with vs an Act is not presented to the King vnles the maior part of both our Houses or Chambers do finde it good in France if the maior part of two Chambers do resolue vpon any proposition it is to go vnder the name of all the Three Estates although one of them should dissent therin This supposed I wil proceed to informe thee courteous Reader that the greater number of the deputies of the third Chamber in this last Assembly of the Estates in France did conceaue frame the forme of an Oath which they wished might be ministred in that Kingdome as that which beares the name of Allegiance is in ours whereby the same principall Article is â—biured namely that no French King can be deposed nor his subiects absolued from their obedience by any Pope for any cause whatsoeuer and that the contrary opinion is Hereticall and repugnant to the doctrine of the Scriptures But this difference is found betweene the two Oathes that whereas the English one in one of the clauses seemes to exclude not only the authority of the Church ouer Kinges but euen of the CoÌ„mon wealth also yea though it should be accompanied with that of the Church that of France shooâ—es only at the abnegation of the Churches authority Nor is there a man in that Kingdome who appeares to h ld that Kinges in certaine cases are not subiect to the censure of the Common wealth And as for the Parlament of Paris in particuler who knowes not that diuers of that body haue now helped to animate the Prince of Condé and his complices to take armâ—s against the King and Queene of France vpon the supposall which they make of the ill Gouernment of that Kingdome But howsoeuer thaâ— case standes this Oath was drawne by the Chamber of the Communalty which in France is called the Third Estate and reiected as conteyning false and wicked doctrine by both the Chambers of the Clergy and Nobility and coâ—sequently for the reason that I gaue before by the Estate Generall Some man perhaps amongst oâ—r English aduersaries may obiect that notwithstâ—nding the custome and stile of France doth beare that whatsoeuer is authorized or reprâ—oued by any two of the Chambers doth take the name of all the threâ— yet it makes exceedingâ—y for the credit of our Oath of Allegiance that they of the Third Estate in France which is the greatest member of that body should c nspire in opinion with the Authours of our English Oath though they be of a contrary Religion to the Protestant in other thinges and esteemed the most deuout professours of it in that Kingdome I answere that this argument may looke fayre a far off but with such as know how thinges were carried it will fall out to be of no force at all It is to be vnderstood that this Chamber of the Third Estate was wholy in effect compounded of Lawyers most of them belonging to the Court of Parlament
the King he was so gratious to the said Reymond by the treaty of peace as to restore it vnto him conditionally that it should returne to the said King if his said only daughter had not issue by Alphonse of France the Count of Poittou And when the same vniuersall Councell of Laterane which may worthily be called the most Vniuersal Councel for so much as besides the Pope and the foure Patriarkes of the East Matth. Paris in Ioan. adâ— an 1215. Magdeburg Cent. â—â— cap. 9. de Synod who were there present some in person as the Pope and the Patriarkes of Constantinople and of Hierusalem and the other by their legates as those of Alexandria and of Antioch there were seauenty Archbishops 412. Bishops and more then 800. Prelates and more then this all the Monarches and Kinges of Christendome were there assistant eyther by themselues or by their Ambassadours and the Emperour of the Fast the Emperour of the West the King of Hierusalem the King of France the King of England the King of Arragon the King of Castile and others When the Councell I say intended to prouide for the extirpation and rooting out of the Reliques of the Albigenses it ordeyned that the Princes who should become contemners of the Councell that condemned the Albigenses should be depriued of the obligation of their subiectes fidelity towardes them And this I remember not for an example to disturbe or trouble the publique peace and tranquillity sith the Heretikes be in so great a number as they make a notable part of the body of the Estate but to shew that we cannot hold that for hereticall which was pronounced and decreed 400. yeares since by the mouth of the Vniuersall Church For as touching them who for the frustrating of this decree do alleage and cite (a) Plat. in vita Innocen 3. what Platina and after him the (b) Suppl Chron. l. 13. ad an 1215. Supplement of the Chronicles affirme that the Councell proposed many thinges but resolued nothing they are more worthy of pitty then answere For who sees not that those Authors there speake of the preparatiues of the army for the warre of the holy Land and not of matters of Doctrine or Ecclesiasticall discipline Otherwise a man should impugne as false that therin was resolued the Article of Transubstantiation the Article of the Procession of the holy Ghost of the Father and of the Sonne the precept of annuall Confession to all the faithfull the condemnation of the errours of the Abbot Ioachim together with all the writinges of the Schoole Doctours alleaging these things the practise of all the Iurisdictions of France followed in the searching and finding out of heretikes We should impugne of falsity the Decretals of Gregory the ninth (c) Decret Gregor l. 5. tit 7. de haeret c. 13. Excommunicamus compiled twelue yeares after the Councell of Laterane where that decree is repeated at length vnder the title of the Councell of Laterane the writings of Matthew Paris (d) Math. Parisanâ—e ad ann 1215. a Writer of the same age and a great enemie of the Popes who sayth that the Councell of Laterane made 60. you must reade 70. Decrees the Bul of Pope Clement the 5. in fauour of King Philip the Fayre who returned the readers to the decrees of the Laterane Councell the Centuriators also (a) Acta inter Bonif. 8. Philip Pulch. who inserted all the 70. Articles of the Laterane Councell into their Centuries Finally we should impugne of falsity the coniunction of the County of Tholouse to the Crowne which was founded vpon that Councells Decree and the reasons and declarations of the Court of Parlament to King Lewis the Eleuenth touching the extinguishing of that pragmaticall Sanction or Decree where the Court prayeth the King to order the Elections according to the Councell of Laterane in these wordes In the Councell of Laterâ—ne saith the Court which (b) Refertur à Biblioth lib. 4. decret Eccl. Gall. was assembled held at Rome by Pope Innocentius the third in the yeare 1215. where were assistant and present 1333. Prelates there was prescribed a certaine forme of Election and thereunto was annexed that in case of the Electors negligence the right and power of prouision for the Church should fall to the Superiour Prelate Cap. (c) Cone Lateran c. 24. Quia propter Cap. (d) Ibid. 〈◊〉 23. Ne pro defectu But I haue made to far a digression let vs returne to our Historie Wherefore when the Generall Councell of Lateran which represented all the Christian Common wealth both spirituall and temporall meant to prouide for the extinguishing of the reliques of the Albigensian heresy it conceaued made and published this (e) Conc. Later c. 3. Canon If any Prince neglect in his landes and territories to extirpate the heresy of the Albigenses let him be excoÌ„municated by the Archbishop of the Prouince And if he continue obstinate let it within the space of one yeare be signified to the Pope that he may absolue his subiects from their Oath of fidelity And when Pope Innocentius the 4. did at the Councell of Lions absolue the Subiectes of the Emperour Frederike from the fidelity they owed vnto him I dispute not now whether iustly or vniustly for so much as my scope drift and intention is not but to shew how the Kinges of France haue in such occasions carried themselues the King S. Lewis took vpon him the protecting of the Popes cause against the Emperour The King of France saith Paulus (a) Paul Aemil. in vita S. Ludouici Aemilius being come to Lions by zeale of office of Religion for the assisting of Innocentius and hauing made a protestation that both himself his forces and the Counsel of his Realme were ready to maynteyne defend the power and authority of his Holines added strength and dignity to Innocentius his cause And euen those who to make the Pope the king S. Lewis odious write that the Pope offered to cause Robert Count of Artois the Kinges brother to be elected chosen in place of Frederike but that the Barons of France refused it add that the Barons themselues protested that the Emperour could not be deposed if he erred not in faith You shall heare the Barons wordes be they true or be they faigned deliuered after many inuectiues against the Pope by Matthew Paris an Englishman (b) Matth. Paris in Hen. 3. ad an 1239. who fauoured the Emperour was the Popes heauy enemie and taken out of him by Vignier (c) Vignier en la 3. p. de la Biblioth hist Pan. 1239. who yeilded not a whit vnto him in that behalfe And thus he sayth But to the end we may not seeme to contemne the Popes commandement though it be euident that it came from the Church of Rome more vpon hatred to the Emperour then for a loue to our Nation we will send men of prudence on
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 excoÌ„municating 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 vâ—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 â— Reg. 11. That the Prophet Abia deposed Roboam froÌ„ 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. â—â—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
he ought when he assayeth to bring in a Schisme and diuision in ours But shall it be said that what the King of Great Britany doth in England against the Catholikes doth serue vs for a law and an example to do the same in our Catholique Countrey Shall it be said that France that hath for so many ages beene honoured with the name of a most Christian Realme Hier. contra Vigil and in which S. Hierome said there were no monsters is brought to this that it permitteth not Catholike religion but with the same conditions and seruitudes that be imposed vpon it in England Shall it be said that Ecclesiasticall persons be not suffered to liue in Frāce but vnder the stipulations conditions vnder which it is permitted them to liue in England Shall it be said that the Catholikes of France and especially the Clergy enioying security and freedome shall be enforced to sweare and binde themselues to belieue the same thing which with groaning and sighes thereby to gayne some litle breath is done by Catholiques in England And if there be found in England Catholikes constant inough to suffer all sortes of punishments rather then to consent vnto it shall there not be found those in France to doe the same rather then to subscribe to sweare an article that putteth the raynes of the faith into the handes of the Laytie and bringeth a diuision and Schisme into the Church Yes certainly Gentlemen such will be found in France And all we who are Bishops will rather go to martyrdome then giue our consentes to the deuiding of Christes body Apud Euseb Eccl. hist lib. 6. cap. 37. remembring this saying of S. Dionysius of Alexandria That the martyrdomes that men suffer for the hindring of the Churches diuision be no lesse glorious then be those that men endure for absteyning from sacrifising to Idolls But we are not God be thanked vnder a King who maketh martyrs he leaueth the souls of his subiectes free and if he doth it to those of his Subiectes that be strayed from the Church how much more will he do it to those soules of his Catholike subiects we liue the one and the other vnder the shadow of the Edictes of peace in liberty of conscience And wherefore then should we be constreyned to sweare that which we forbeare to make others to sweare There is not one only Synod of Ministers who would haue subscribed to that article which they would bind vs to sweare There is not one Consistory of others but beleeueth that they are discharged of their Oath of fidelity towardes Catholike Princes when they shal be forced by them in their consciences Of this come those modificatiōs that they haue so oft in their mouth Prouided that the King forceth vs not in our conscience Of this come these exceptions in their profession of faith So the Soueraigne Empire of God abide in his owne integrity Of this came the taking of arms so many times against the Kings when they would take from thē the liberty of religiō Of this came their insurrections and rebellions both in Flanders against the King of Spayne Sweden against the Catholike King of Polonia whome they spoiled of the Realme of Sweden his lawfull inheritance and therin established Duke Charles a Protestant Neither yet do they restrayne these exceptions to the only case of religion of conscience but they further extend them to secular matters The writinges of Buchanan Bruse and infinite others giue testimony who will that if the Kinges fayle in temporall conuentions and accord which they haue made with their subiects their subiectes be free to reuolt from them Not considering that there is great difference as we haue already declared betweene faylinge in a simple accord made by Oath and destroying the Oath by the which the accord was made For when a Prince doth of frayltie or of humane passion commit some iniustice he doth indeed against the Oath he hath made to his people to do them iustice yet he doth not thereby destroy his Oath But if he make a contrary Oath that is to say insteed of what he hath publiquely and solemnly sworne to his people which was to do them iustice to wit as far as humaine frailty will permit he should sweare and bind himselfe by another publique and solemne Oath that he would neuer render them iustice but rather sweare that he will minister nothing but iniustice he should then destroy his Oath renounce his owne Royaltie in renouncing by a contrary Oath the clauses and conditions of his former oath for which and by meanes and occasiō wherof his Royalty was instituted And therefore Barckley the Achilles of the doctrine of your Article hath had most iust cause to reprehend and find fault with the aforesaid authours but in reprehending them he hath reserued an exception of two cases which make much more to the preiudice of Kinges then do the Churches censures from which he would exempt them For he affirmeth expresly that in two cases the people may shake off the yoke of Kinges Guil. Barcl lib. 4. cont Monarchomach c. 16. arme themselues against them Behold his wordes What then Can there not occurre any cases in which the people may rise take armes by their owne authority and assaile a King insolently raigning None indeed so long as he contynueth King For this commaundement of God contradicteth it alwaies Honour the King c. who resisteth power risisteth God The people then addeth he cannot haue by any other meanes power ouer him but when he doth some thing by which he ceaseth of right to be King For then for as much as he spoyleth and depriueth himself of his principality and maketh himself a priuate person the people remayneth free and becommeth superiour And these two cases as he saith be when a Prince laboureth and hath intention to exterminate and ouerthrow the Kingdome common wealth as Nero and Caligula did or when he will make his Kingdome feudatary to another Ibidem I finde saith he two cases in which a King by fact maketh himself of a King no King and depriueth himself of his royall dignity and of power ouer his subiectes The one is if he goeth about to exterminate the Realme Common wealth that is to say if he hath a designe and intention to destroy the Realme as it is recorded of Nero that he had a deliberation to exterminate the Senate and the people of Rome c. And the other if the King hath a wil to put himselfe vnder the clientele and protection of some other But who seeth not that this is a thing tooto vnworthie for a Christiā to admit these exceptions in case of the destruction of a Cōmon wealth and not in case of the destruction of Religion and otherwise the iudgment which the people may make of the one is much more perilous to Princes thē that which the vniuersall Church may forme of the other And
excepting only a few hypocritical Ministers amongst vs or profane Lawyers amongst our neighbours But as God would haue it neither the Ministers in France are of that opinion for they professe the contrary nor yet the Lawyers of England if you put the case home to them for howsoeuer it costes them nothing to sweare that the Pope can neuer come to depose a King because he is a protestant it would trouble some of their consciences if they haue any to sweare that if an Vpper and Lower house of the English Parlament should condemne a King who might happen to be so great a Tyrant as that he would abrogate all the Statutes and Common Lawes of the Realme bring in by force a summary course of Iustice as is vsed in Switzerland confiscate all the Common Lawyers of England who are able to spend aboue a thousand poundes per annum and in a word dispose of their wiues and children as if they were his owne it would trouble them I say to sweare that such a King might not be deposed by the Houses of Parlament and that themselues could not be so far discharged from the Oath of Fidelity which they made to him when they were sworne Iustices of Peace as to make some personall resistance in their owne defence There is nothing more certaine then that many a man reades ouer the Oath of Allegiance and diuers take it who consider not the importance of those fearefull generall clauses which include and exclude all particuler cases of No Pope No King neither by his owne nor by any other Authority for any cause whatsoeuer can Depose or Absolue subiects c. And yet as I said before there are so many Protestantes who by occasion of this Oath haue entred so deeply into the consideration of Kingly Authority as it is euident to all such as freely and familiarly liue with Protestantes and vnderstand sincerely from them what they think that thousands of them are growne to a lesse adoring conceipt of Royall Dignity then they were wont to haue And though his Maiesty can hardly come to know the preiudice that he hath susteyned by yeilding to them who haue vnfitly sought to help him or rather to help themselues by propounding this Oath because he is a King and cannot equally conuerse with his subiectes nor can he from his seruantes expect but such newes as will be pleasing to him yet it may be hoped for at the Handes of so Excellent a Iudgment as his Maiesty is endued withall that he will one day fall vpon the true account of these businesses by other meanes and not cōtinue his Catholike Subtectes in his so ill conceipt for professing of that beliefe which is now in terminis auowed by the learned and noble Catholikes euen of France the contrary whereof is not auowed by any Protestant Church vpon earth if we chaunge the name of Pope into the name of Common wealth and the sequele whereof hath done nothing but disseruice to him I beseech God of his infinite mercy giue his Maiesty such light of mind wherby to discerne the distempered thoughts of his Ministers who are in such a rage against Catholikes and to vs that he will vouchsafe so much strength of mind as that whatsoeuer happeneth we may rather obey God then Man AN ADVERTISMENT TO THE READER translated out of the French THE Author of this Discourse vnderstanding that some had put in print two seuerall Speaches in his name far different both in sense and wordes from that which he by word of mouth deliuered he was constrayned to bring this to light as an Antidot or Countermaund to those other Neither did he much wonder to see such peeces of changeable colours clapt togeather some true some false according vnto euery ones passion without resemblance to the originall for he doth thinke that no pen could follow nor memory retayne two Speaches wherof the shortest lasted three houres although swiftly pronounced But he was much astonished at the liberty of this tyme that within Paris himselfe being present any should publish two Speaches in his name without acquainting him with it therby to vnderstand whither he would acknowledge them for his owne It is true indeed that he was not the only man who had byn so dealt withall for some other Prelates had lyn handled after the same manner and found as litle of theirs in those remnantes bestowed on them as Euphorbus in Pithagoras Now therefore it doth suffice him to present thee with that he pronounced in the Chamber of the Third Estate For that it was in a manner all one with that he made in the Chamber of the Nobility the reasens being the same and no difference at all but in the beginning conclusion and ornuments By reason wherof the publishing of the one might serue for a generall remedy of the suppositions of the other two As soone as he had therefore signified to the Gentlemen of the Third Order that being to speake in their presence he thought himself obliged to make the same prayer to God which Pericles was accustomed to do being to speake to the Athenians that nothing might passe from him vnbeseeming those that had imployed him neyther of those that were to heare him Psal 50. he directed his words to God saying with the Psalmist Domine labia men aperies and then began as followeth THE ORATION IT had byn to small purpose Noble Gentlemen to honour the dignity of those that make profession to minister Iustice It had byn to litle purpose that which Aristotle taught vs by saying that Iustice is beautifull and admirable like to the starre Lucifer and it had byn to as litle purpose to haue taught vs that in iustice all vertues are summarily conteyned And the answere of Agesdaus King of Sparta had byn vnto as litle purpose which he gaue vnto the King of Persia who tooke to himself the title of the great King that he could not be greater then himselfe valesse he could proue he were more iust And that fable of the Poets had byn to as litle purpose faigning Minos the Patron of iust Princes to haue byn the sonne of Iupiter and that Themis and Dicas were placed on either side of Iupiter if the Scripture did not teach vs that by iustice Kings do raigne if the Sonne of God had not chosen him who was to be his figure called him Melchisedech that is to say King of iustice and that the same Melchisedech whose name doth signify King of Iustice had not been also King of Salem that is King of peace to shew that of iustice dependeth peace which is the mother of all good in heauen and earth And seeing the oracles of diuine scripture agree in cōmendation of this vertue with the testimony of prophane authors it seemes in giuing her the first place of honour and dignity amongst humane vertues is to put in execution the will both of God and men Now Gentlemen if euer there were any Nation in
them in feare of eternall tormentes Those who vndertake these detestable parricides vnder a false per suasion of Religion are not kept back with any feare of corporall punishment they bath themselues in tormentes with delight they expect triumphes and Crownes of Martyrdome they flatter themselues with false application of that seÌ„tence of our Sauiour do not feare them that can kill the body Matt. 10. but rather feare him that can send both soule and body into hell So that to restrayne and terrify this kinde of people we must lay before them not such lawes as are executed in this life which they care not for and thereby depriue other men of theirs but of such lawes whose rigour and seuerity are exacted after death that is of lawes Ecclesiasticall and spirituall The Milesian Virgins were possessed of so furious and prodigious hatred of their liues that they ran voluntarily with great contentment to their deathes they strangled threw themselues downe headlong and cut their owne throtes the prayers and teares of their parentes not being able to hinder them The Magistrates of the Iland oftentimes consulted and made many decrees to stop the publick mourning but none of their designementes tooke effect For they despising and hating life entred likewise into contempt of whatsoeuer was ended with life vntill in the end seeing all other meanes to fayle them agreed to publish a law whereby all those which voluntarily made away themselues should be drawne openly through the streets that stark naked after their death Then the frenzie which all these remedies applied during life could not cure the apprehension of shameful punishment after death did remedy The like is to be held of this fury this rage this madnes there is nothing but the feare of paynes to be imposed after death nothing but the apprehension of the paynes of hell nothing but the horrour of eternall torments which are sufficient to cure their distemper who thinke to immolate and sacrifice their liues to God when they loose them by putting in execution this horrible and abhominable enterprises Now the spiritual and Ecclesiastical lawes are those only which can imprint in mens hartes the terrour of excommunication and liuely apprehension of euerlasting torments For to cause this effect they must proceed froÌ„ Ecclesiasticall Authority that is certaine absolute infallible that is to say vniuersall and such as conteineth nothing wherein the whole Church doth not agree For if they proceed from doubtfull and different authority conteyne such thinges whereof one part of the Church houldes one opinion the head and other partes thereof teach another those in whose bearts they desire these thinges should make impression insteed of houlding them for certaine and infallible and therby to be terrified and swayed by their threats fall to laughing at them and hould them in extreme derision And therefore we must take great heed I say once againe we must take extraordinary great heed to mixe that which is in no sort to be doubted of in this Article and that which the whole Church agrees on that is to say that none without putting himselfe in danger of the diuell and eternall death may aduenture vpon the life of Kinges with any point in controuersy for feare of weakning that which is vndoubtedly true by ioyning it with some other thing which other partes of the Church do debate and hould in dispute Three points there are in the substance of your Fundamentall Law besides certain accessary pointes and circumstances The first coÌ„cerneth the security of Kinges persons and in this we all agree offering to seale it not with inke but with our bloud that is to say that it is not lawful for any cause whatsoeuer to murther Kinges and not only with Dauid do deâ—est the Amalecite who vaunted to haue laid his handes on Saul 1. Reg. 11. although reiected and deposed by God by the mouth of Samuel but moreouer cry out aloud with the Sacred Councel of ConstaÌ„ce Concil Constant sess 5. against the murtherers of Kings euen such as might be pretÌ„eded to be Tyrants Anathema to such as murther Kinges eternall malediction to the assassinats of Kinges eternall damnatioÌ„ on al such as murther Kinges The second point is of the temporall dignity and soueraignty of the Kinges of Frances and in this likewise we agree For we beleeue our Kinges are absolute in euery fort of temporall Soueraignty in their Realme and that they are neither feudataries to the Pope as some others who haue either receaued or obliged their Crownes with this condition nor to any other Prince but that in the pure administratioÌ„ of temporall thinges they depend immediatly of God and acknowledge no other power ouer them but his These two pointes then wee hould for certaine and vndoubted but in different manner of certainty for the certainty of the first is diuine and theologicall the certainty of the second humane and historicall For that which Pope Innocent III. (a) Cap. per Venerab Tit. Qui filij sint legitimi affirmes that the King of France acknowledgeth no superiour in temporalities is spoken by him in forme of historical testimony and that certaine other Realmes whereof he seemes to wright (b) Cap. causam tit eodem the same haue since changed and bound themselues to some certain kind of temporall dependence vpon the Sea Apostolike and that France remaynes in her prime estate it is history and not faith that tells vs so There remaynes the third point which is this Whether if Princes hauing made an oath to God and their people either themselues or their predecessors to liue and dye in the Christian Catholick faith and do afterwardes violate their oath rebell against Christ bidding him open warre that is to say fall not only to open profession of heresy or Apostacy from Christian Religion but withall passe to force their suâ—iectes consciences and goe about to plant Arianisme or Mahometisme or any such like infidelity within their states and thereby destroy and roote out Christianity whether I say in this case their subiects on the other side may not be declared absolued from their oath of Loyaltie and Fidelity And this comming to passe to whome it apperteynes to pronounce this absolution This then is the point in controuersy betweene vs For your article conteyneth the negariue that is to say that in no case whatsoeuer the subiectes may be absolued from the Oath of Allegiance made to their Princes As on the contrary side all other partes of the Catholike Church togeather with this of France since the institution of Schooles of Diuinity vntill the comming of Catuin held the affirmatiue propositioÌ„ which is that when the Prince breakes the Oath he hath made to God and his subiectes to liue and dye in Catholique Religion and doth not only become an Arian or a Mahometan but manifestly wars against Iesus Christ in compelling his subiects in matters of conscience and constrayning them to imbrace Arianisme or
and that the tradition of the Fathers obserue the tradition of the Fathers to giue to vnderstand that it was not then any new inuention or deuise did warrant that he could not be deposed if he erred not in faith (d) Epist Henr. 4. ad Greg. 7. à Protestant edita vnà cum alijs Refertur à Centuriat Cent. 11. c. 8. de Schismate The tradition of the Fathers saith the Emperour hath taught that I ought to be iudged by God alone and that I could not be deposed for any crime so I declined not from the faith which is not pleasing vnto God And when Philip Augustus the litle sonne of Philip the first was fallen into the like contempt and dislike of his wife Engeberge sister to the King of Denmark that his Grandfather was of his wife Bertha and had caused his mariage to be dissolued disaunlled by Cardinal William his vncle Archbishop of Rhemes and Legate in France in preiudice of his former mariage he tooke to wife the daughter of the Duke of Morauia The Pope thereupon tooke notice of the matter as of the violating and transgressing of a Sacrament vnder pretence of religiō And seeing the resistāce that the King made he excommunicated him interdicted his Realme (a) Du Tillet en la vie de Philip. August The sentence of Cardinall William was sayth the Lord of Tillet reuoked by Pope Innocent the third as giuen without order of iustice And because the King presently after the sentence giuen holding himselfe vntied and free married Agnes daughter of the Duke of Morauia the King and the Realme were interdicted And hereunto the Cronicle of Foiz cited by Vignier hath addeth (b) Viginer liure 3. de Phist de Prance en Panne 1200 en la Biblioth hist pag. 3. That during the time of this interdict they did put in France to the publique contracts not in the raigne of Philip but in the raigne of Iesus Christ. And when Iohn King of England who was not yet at that time obliged by any temporall acknowledgment to the Pope (c) Act. in t Bonif. 8. Phil. Pulch. fol. 91. p. 1. had driuen the Bishops out of his Realme and seized vpon their goodes the same King Philip Augustus held an assembly of his Estates at Soysson where he proposed to make warre vpon the King of England for that he persecuted the Church and for that the Pope had discharged and absolued his subiects from their oath of Allegiance to him (d) Du Haillan li. 10. de Phist de France en la vie de Phil. Aug. Rigard lib. de vita Thil. Aug. adan 1212. The King sayth Du Haillan notwithstanding he be an historiā very passionate against the Popes at the intreaty of the Pope at Soyssons held an assembly of the Prelates and Peeres of his Realme to take aduise and consult about the meanes how he might passe euer into England against King Iohn to make war vpon him as a persecutor of the Church whome the Pope had then excommunicated acquiting taking away and discharging his subiectes of the Oath of allegiance they did owe vnto him And a litle after The greater part of the Nobility were of opinion that he had iust cause so to do as well being thereunto moued by authority of the Pope as for the reestablishing of the Bishops and other the Prelates in their Churches from which they had beene thrust and driuen out by Iohns Tyranny whome the Pope had excommunicated And againe all the Nobility with one accord promised Augustus to serue him with their owne persons in this enterprize Ferrard the Count of Flanders only excepted And when the Emperour Otho nephew of the said Iohn King of England meant to take his part and to make warre vpon France the said Philip Augustus sent vnto the Pope to sollicite and mooue him to declare Otho depriued of all the rightes of his Empire and for the execution of this censure he bestirred himself and vsed his courage and his Armes so effectually as vnder the conduct and fauour of the Popes cause and quarrell he wan the greatest battavle that euer King of France had gayned against any Emperour to wit the battayle du Pont de Bouuines where the Emperour had aboue an hundred and fifty thousand fighting men The King sayth du Haillan aduertised of the threates of the Emperour Otho Du Haillan la mesine Rigard ibid. vsed such expedition in the busines and wrought so effectually with the Pope as he declared the said Otho enemy of the Sea of Rome and depriued him of his Imperiall titles And the Electors of the Empire at the sollicitation and incitement of Augustus who sent to them Ambassadours to make his way elected and chose Frederike the King of Sicily Emperour And a litle after he putteth downe King Philip his speach to his army in these wordes My Friends saith the King let vs take good courage Du Haillan ibid. Rigard ibid. Let vs not be afraid Let vs haue honour before our eies and the feare of God in the first place to whom we must recommend our selues VVe haue to fight against an Enemy condemned censured and excommunicated by the Church and for his impieties and wickednes separated and cut off from communion with the faithfull And when Reymond Count of Tholouse and the greater part of Gaule Narbonoise became to be infected with the heresy of the Albigenses began to persecute the Catholikes there assembled first a Councell of French Bishops at Montpellier (a) Histoire Albigeoise rapportèe par Vignier en son hist de France liu 3. en l'ann 1214. and after that the Councell of Laterane for heresy depriued both him and Reymond his sonne of the County of Tholouse and adiudged it to Symon Count of Montfort who had taken armes against him and of this came the vnion of the County of Tholouse and of the adioyning Prouinces to the Crowne of France By decree of all the Councell of Laterane saith du Haillan (b) Du Haillan en la vie de Philip August Rigard ibid. whom I do often cite because it is euery where in the handes of all Reymond the Count of Tholouse his sonne also named Reymond were excommunicated c. And the County of Tholouse was adiudged to Symon Count of Montfort And againe Simon shewed vnto the Estates of the County of Tholouse the decree of the Councell by which he was declared Count of the said County And there opposed not any one against it but all with one accord tooke the Oath of fidelity to him And the Lord of Tillet saith in his Memorials these wordes En la vie de Louys 8. The County of Tholouse came to the King by good right the said Reymond and his Father being confiscated that is to say hauing lost it by confiscation for heresy and Symen Count of Montfort hauing procured and gotten it and Amaulry his Sonne hauing transferred and made it ouer to
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 theÌ„selues the executors and reputed such actes amongst the chiefest workes of their piety For the defendors of (d) Act. inter Bonif Phil. Pulâ—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 Serâ—es an abnegatour and abiurer of his Christianity and had discharged his subiectes of the Oath of their fidelity King Charles the siâ—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 HaillaÌ„ saith Charles (e) Du Haillan eâ— 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 Guesâ—lin newly returned from his prison And when the ConÌ„cell 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 coÌ„prised in these wordes (a) Concil Constant fess 27. If any King Cardinall Patriarke Archbishop Bâ—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 dâ—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) â—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) DuraÌ„d Mâ—â—â—â— in 〈…〉 surnamed the Speculatour Durand (e) DuraÌ„d Mâ—ld l. de orig â—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 domâ—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 desâ—rt of their infidelity merit to loose their power ouer the faithfull who be traÌ„sferred to be become the children of God And sometimes it happeneth
Supra pag. 47. in case of heresie can depose only indirectly in as much as he can excoÌ„municate those who do adhere to an hereticall Prince and consequently compell them by imposition of some spirituall payne to depose him though he cannot depose directly And what saith Gerson That the power Ecclesiasticque cannot take vpon it power ouer the secular but in case of heresie or of impugning the faith The power Ecclesiastique saith (c) Gerson de pot Eccl. confiderat 22. tom 1. Gerson ought not to presume or vsurpe ouer the rightes dignities lawes and iudgments of the secular power but when the abusing of the secular power redoundeth to the manifest impugnatioÌ„ of the faith and the blasphemy of the Creatour and to the manifest iniury of the power Ecclesiastique For then a remembrance must be had of the last clause of this consideration that is that in such cases the power Ecclesiastique hath a certaine dominion and power regitiue directiue regulatiue ordinatiue And not only the Deuines but the Lawyers also be of the same opinion For to say nothing of those who haue further extended the Popes power as Iohn de Selue (a) Io. de Seiu eract de Benef. p. 3. q. 8. President of the Parlament of Paris (b) Ioan. Fab. in log 1. nu 10. c. de sum Trinit fide Cath. Iohn Faber Aduocate of the same Parlament Stephen Aufrerius (c) Aufr de potest saecul President of the Parlament of Tholouse But to restreyne my selfe to those who haue written expresly for the limiting of the Popes power when Maister Raoul de Presles Counsailour and Maister of Requests to King Charles the fifth translated by commandement of the same King the work intituled Of the Power Pontificall and Imperiall or Royall he proposed the 15. obiection for the Popes temporall authority in these wordes Item the Pope may absoâ—ue the vassalls or subiects from the oath of fidelity which is due to the temporall Lord which thing he would not do if he had not power in temporall matters And he made answere for the Princes in these wordes (d) Raoul de Presles imprimé en Almaine parles Protestants I answere to this argument say that in a case in which the Pope may haue action against a Prince he may also absolue the vassals from their oath of fidelity or which is more he may declare them absolued as in case of heresie of diuision of the faith or of contumacy against the Church of Rome And when the Chancelour of the same King Charles the fift composed in fauour of his Lord and Maister a dialogue of the Power Regall and Sacerdotall (e) Le songe dit Verger attribué par quelques vns au Chaunceleur des Domans par les autres a Philip de Mâ—giâ—s Cosâ—â—ller inâ—â—ne coÌ„fident du Râ—y Charles 5. he made answere by him who mainteyned the part of the Regal power That the power spirituall commaundeth not the secular but when the secular power intermedled it self in matters spirituall to the preiudice and hurt of the eternal good of the soule Behold his wordes (a) Lib. 1. c. 7.8 in res milit But there where the secular Prince would meddle in spirituall matters and do some thing in regard of his subiects to the detriment and hurt of their eternall saluation the spirituall power is then necessary which in such a case commaundeth and guideth the temporall And after this when Peter Gregory a lawyer of Tholouse vndertooke in his Treatise of the Republique the defence of the Regall authority against that of the Pope he alwaies excepted the cases of faith saith that the Pope could not depose Childerike of his owne authority that is to say without the instance of the French for he addeth (b) Petr. Gregor Tholof tract de Repub l. 6. cap. 5. Childerike was not an Heretike nor had commited any Ecclesiasticall crime wherby he should haue beene enforced to submit himself to the Iurisdiction of the spirituall Sea And againe Cest autheur est citè parles Anglois par â—auteritè temporel des Roys imprimè â—uecq priuilege verifie au ParlemeÌ„t The example of the Emperours ought not to be drawne for a president for other realmes principalities and gouerments which depend not vpon the Sea of Rome in temporall matters and care not much for her commandements in such matters I alwaies except as I haue said els where the cases of faith in which the Princes of what power and libertie soeuer they be are directly subiect to the Sea of Rome may be punished for the crymes they coÌ„mit in such cases Alwayes vnderstood that as the crimes be personal go not further then to persons deliâ—queÌ„t so the paine that is due to them infringeth not the right of the successâ—urs to their Kingdome But against this one obiectes three principall instaÌ„ces The first is taken from the resistance made by Philip the Fayre to the attempt of Pope Boniface The second is taken from the opposition of King Lewis the tweluth to the pretensions of Pope Iulius And the third is drawne from the arrest and Decree of the Parlament of Paris against Tanquerell To the first of these instances the defendours of the exception answere is that the subiect of the controuersy was not matter of heresy or of Apostacy from Christian Religion On the contrary the people of France gaue testimony to King Philip the Fayre that he was a great distroyer of the Bulgares (a) They anciently called the AsbigeÌ„ses Bulgares because the Bulgores held their heresie after that al Heretiques were by extension so called that is to say of Heretikes And as touching them who wrot for the King so farre were they from houlding that it is impiety to belieue that the Pope can for cry me of Religion disanull the Oath of fidelity and allegiance as they themselues alleaged amongst the meritorious workes of the Kings predecessours that his father died for the execution of the absolution which the Pope had giuen and graunted the Aragonians from their fidelity to their Prince Philip his Father say they (b) Act inter â—â—enif Thil. â—idch qâ— de poâ—â—st Pap. fol. 80. passed to God prosecuting in Aragon the Churches cause But the subiect of the quarrell was that the Pope pretended that the temporall soueraignty of France apperteyned vnto him Against this therefore the King opposed himselfe and all his Realme appealed not to the Pope but from the person of Boniface whome he maynteyned not to be Pope to the Councel to the Sea Apostolique when it should be prouided of a true Pope The King saith du Haillan (a) Du Hailan in his history of FraÌ„ce in the life of Philip the Fayre answered that sith Boniface was not the lawfull Pope he appealed for this fact to the Sea apostolique at that time destitute of Pope Pastour And King Philip the Fayre himself in the
forme of his appellation saith (b) Act. inter Bonif Phil. Pulch. Wee appeale to the said Generall Councell which we most hartily craue may be assembled and to the true and lawfull supreme Bishop that shal be and to others to which or to whome it shal be meete to appeale For the King and his maynteyned that Boniface was not the true Pope but was intruded and thrust into the Popedome by fraud simony (c) Ibidem Celestine his predecessour the true lawfull Pope still liuing And they further added that he was an (d) Ibidem Heretique and consequently not Pope for as much as said they (e) Ibid. in appell fact per reg regni col art 18. he had reuealed a confession and more then that he pretended that he beleeued not in the presence of Christes body in the Holy Sacrament And for this the Coūt of Artois caused his Buls to be burnt not as of the true Pope but as of a false one intruded heretical symoniacal and for this cause the King appealed not frō the Pope but from the person of Boniface to the Councel to the Sea Apostolique when it should haue a true Pope he sent two Knights to signify his appeale the one an Italian named Schiarra and the other a Frenchman named Nogaret who surprized by intelligence the Cittie of Anagnia wherin Pope Boniface was whence being deliuered vp and sent to Rome he dyed within awhile of sorrow In place of Boniface was chosen Benedictus to whome presētly after his creation the King gaue sufficiently to vnderstand that what he had done against Boniface was done but against his person and not against the Sea Apostolique For he wrote vnto him with this superscription (a) Act. inter Bonif Phil Pulch. fol. 94. To the most holy Father in our Lord Benedict by the diuine prouidence Supreme Bishop of the sacred holy Church Roman and vniuersall Philip by the grace of God King of France deuoutly kisseth his blessed seete And further with this cōgratulatiō (b) Ibid. f. 95. The Order of the Preachers do glorie to see sitting in the supreme throne of iustice such a father of the Vniuerse and of the faith such a successour of S. Peter and such a vicar of Christ And together with this concludeth (c) Ibid. f. 96. We recommend confidently the Realme in the gouernement whereof we doe by the grace of God sit and withall we recommend the Church of France to the fauours of your Holines And to Benedict who continued in the Sea but eight monethes succeeded Clement the fifth vnder whome the affaires of reconciliation were in such sort accorded and brought to an end as the temporall rightes of the Realme continued in their integrity And Clement himselfe came to Lions where the King to honour in him the spiritual power of Christ put himselfe on foot togeather with his brethren to receaue him Our Chronicles saith du Haillan (d) Du Haillan en la vie de Philip le Belle. doe affirme that the King of France and his two brethren were on foote by the Popes side holding his horses bridle To the second instance which is of the complaint of Lewis the 12. the defendors of the exception make the very same answere That the source and origen of that difference was not matter of religion but cases meerely temporall that is of the league and association that Pope Iulius and King Lewis the 12. at that time Duke of Millane had made and entred into against the Venetians For the Pope seeing how the King grew as great as he could desire in Italy fel of from that alliance with him and reconciled himselfe with the Venetians The King incensed with this separation and the Popes deportement and bad carriage towardes him thereon following caused a Councell to be held at Pisa and after againe at Millan by the Cardinals and other Prelates of his side where the Pope was declared susspēded frō the administration of the vniuersal Church The Pope sore moued at this attaint caused another to be held at Rome where to requite the King he declared him and his adherents deposed from the administration of their temporall Estates But the French both Ecclesiastike and Laike knowing that the first source beginning of that discord proceded from passion of matter of State not of religion interteyned vnion in such sort with the King as nothing could separate them from him For as touching the losse that happened vnto Iohn de Albret of the Kingdome of Nauarre the Continuer of Paulus Aemiltus though he was a sore enemy of the memory of Pope Iulius confesseth not that the sentence of the Pope was the true cause on the contrary he maynteineth that the cause for which Iohn de Albret lost the Kingdome of Nauarre was for breaking of from the alliance he had with Ferdinand King of Aragon which alliance Ferdinand affirmed was ratified vpon condition that if the Kinges of Nauarre did violate the same then the Kingdome of Nauarre should returne to the Spaniardes and he did put himselfe into that alliance of King Lewis the 12. vnder promise that he should procure the soueraignity of Berne to be restored vnto him This then the Continuer of Paulus Aemilius auerreth to be the true cause of the losse of the Kingdome of Nauarre And the other neither to haue beene the true cause nor true pretext but only a help of a pretext of which Ferdinand not hauing taken his aduantage did not yet leaue to pretend that the Kingdome of Nauarre appertained vnto him and so to take possession of it The King of Nauarre saith he (a) Ferrō Continuat Pauli Aemil. in Lud. 12. denied in the beginning that he could refuse to giue passage to the King of Aragon to passe into France saying first that he was hindred to declare himself enemy to Ferdinand by the alliance he had with him and Ferdinand himselfe vaunted that when the Kingdome of Nauarre was by the Spaniardes rendred vp into the handes of the race of Albret it was by caution written and prouided That in case their successors should breake their alliance the Kingdome should returne to the Spaniardes And a litle after (b) Ibid. Whereupon Ferdinand hauing vnderstood that the King of Nauarre was entred into amity with the King of France turned against him the forces which he had prepared for his iourney into France And this was the cause for which Ferdinand did thrust his neighbour next bordering King out of his Kingdome And more then this he added the pretext of another matter namely that the Pope had declared the King and his adherentes excomunicate their Kingdomes exposed To the Third Instance which is taken from the Arrest or Decree of Parlamēt which Mousieur Chancelour of the Hospitall caused to be made against Tanquerell there needeth no other answere then the Answers going before For the Arrest toucheth not in any sort
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) â— 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 Iurâ—diction in these wordes (g) 2. Paralâ—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 hâ—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 Sinodâ— 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. mâ—gâ— 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 AthaÌ„ 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 CoÌ„mon 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 desolatioÌ„ 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 â—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