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
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
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
that the Church doth this and sometimes it doth it not And againe (b) Ibid. q. 11. art 2. 〈◊〉 corpore art So soone as any is deuounced excomunicated by sentence for Apostacie from the faith his subiectes be absolued from his domination and subiection and from the Oath of fidelity whereby they were bound vnto him before Behold what this holy and wonderfull Doctour or rather this Eagle of Doctours whome the Schoole of Deuines calleth the Angelicall Doctour saith and this in his Summe which hath been euer publiquely read at Paris and held for the miracle and oracle of Scholasticall diuinity and who hath neuer been noted nor taxed in this Article by any neither French nor other And not only he but euen those also who among the Doctours of the faculty of Paris haue purposely and expresly written for the Emperours and for the Kings against the Popes and haue taken vpon them to demonstrate that the Popes could not declare the subiects absolued in conscience from the Oath made to their Princes haue alwaies excepted the case of heresy and infidelity and especially when the Princes went and proceeded so far as to haue a will to destroy and ouerthrow the Christian or Catholike Religion and to inforce and constraine their subiects in their consciences and to persecute them as they were either Christians or Catholikes For William Occam who fauoured the Emperour against the Pope and whome the French Doctours who haue impugned the Popes temporall authority haue taken for their Patron hauing written expressely touching the Power Ecclesiastique and Laique spirituall and temporall where he disputeth of set purpose that the Pope hath not any power at all to absolue the Subiects of Kings from the Oath of Allegiance they owe vnto them excepted in generall termes the cases of Heresy or Infidelity (a) Occam lib. 8. q. 2. c. 8. ad 3. alleg The Pope sayth he cannot ordinarily depose the Emperour no more then other Kings though he be neuer so worthy to be deposed nor for any crime or default though neuer so great if it be not of the number of the spirituall crymes And Iohn of Paris to whome the more sincere seruants and fauourers of Kings send the Readers to learne and vnderstand what ought to be the limits and bounds of the authority spirituall and temporall doth there bring the very same exception (b) Io. Par lib. de potest Regis Papae c. 14. If a Prince sayth he were an heretike and incorrigible and lib. a contemner of the Churches censure the Pope might do something in the behalf of the people wherof might ensue that he should be depriued of his secular dignity and deposed by the people And this the Pope may do in the only crime Ecclesiastique the vnderstanding and notice wherof appertayneth to him that is to excommunicate all them who should obey such a Prince as their Lord and Soueraigne And Iames Almaine Doctour of the Faculty of Paris who at what time King Lewis the 12. was at difference and variance with Pope Iulius tooke vpon him the defence of the Kings power against that of the Pope and for that cause did publish and put to light what Occam aforesaid had composed and written against the Pope touching the boundes of both powers and illustrated them with explications and notes of his owne relateth the words of Occam in these termes Doctour Occam (a) Almain l. de potest Eccles Late c. 8. sayth he writeth that Iesus Christ hath not giuen power to the Pope to depriue the Laiques of their Dominions and their possessions except in case that a secular Prince should abuse himselfe therin to the ruine of Christianisme or of the faith so as that abuse should extend to the domage of eternall felicity For in this case it is not to be denied but that the Pope hath power to dispose though other Doctours deny it albeit they confesse that the Pope hath only authority and power to declare that such a Prince ought to be deposed Loe Almaine his wordes in the first part of his booke And see agayne what he sayth in the second part of it The Doctour sayth he speaking (b) Alm. ibidem of Occam hath answered that if the Emperour be worthy of deposition for a cryme of the former kind that is for spirituall crymes he may be deposed by the Pope for as much as the Pope hath full power to punish spirituall sinnes But if he be worthy of deposition for a cryme ciuill and politique it then belongeth not to the Pope to depose him And it is not to be said that the condition of the Emperour and of other Kinges is not paralell alike and equall For Occam handleth them as equall and manteyneth that the Emperour dependeth not in any sort of the Pope for his temporalities And a little after passing vnto the opinion of Iohn Doctour of Paris he sayth (c) Alm. ibidem Iohn of Paris holdeth that for any crime either spirituall or politique it apperteyneth not vnto the Pope to depose the Emperour but by accident c. that is to say in as much as he may excommunicate him for such a cryme and all them that take parte with him and consequently by such an excommunication to constreyne them to depose him And so he deposeth him only by accident and indirectly and not directly And yet these be the principall supportes wherewith the Kinges and Church of France haue serued themselues when they meant to withstand and oppose themselues against the progresse of the Ecclesiasticall power ouer the temporall These be the bookes which the Kinges haue caused to be writtē for the maynteyning and vpholding of their authority These be the bookes which the Faculty of Diuinity haue caused to be published at such time as the Kinges had any variance with the Popes These be those writinges that were reprinted and put to light agayne and illustrated with explications when King Lewis the 12. entred into a difference with Pope Iulius in the time of the Councell of Towers and of Pisa These be the bookes which were caused to be published for the same subiect vnder our deceased King of glorious Memory and that an eight yeares since that is to say in the yeare 1606. and whereunto the Maisters of the Kinges retinue of the Parlament of Paris do remit and refer their Readers to vnderstand what be the batteries strongest defences of the Iurisdiction spirituall temporal And this Schoole of Sorbonne saith the deceased Monsieur Procuratour or Attorney Generall de la Guesle (a) Apud Rochell in Decreto Eccl. Gall. lib. 5. c. 8. speaking to the Schoole of Sorbone on the behalf of the Court hath excellent obseruations in the writings of Gerson and in the booke de potestate Regia Papali composed by Iohn of Paris Doctour in this faculty and in a thousand places besides And notwithstanding this what saith Iohn of Paris That the Pope (b)
better witnesses then the English writers (a) VVidrington Apol. pro Iur. Prine who haue put their hand to pen for the defence of the Oath made by the present King of England against the Pope For hauing vsed all their endeuour to find some doctours in particuler French who had held their opinion before these last troubles they could hitherto bring forth neuer any one neither Diuine nor Lawyer who saith that in case of Heresie or Apostacie from Christian religioÌ„ the subiects could not be absolued from the Oath of Allegiance On the contrary the French men whome they haue cited as Iohn of Paris (b) supra pag. 47. Iohn Maior (c) Io. Maior in 4. sent dist 24. Iames Almain (d) Io. Alma supra pag. 48. Peter Gregory (e) Petrus Greg. supra pag. 52. alwaies except the cases of Heresie or of Apostacy from Christian religion And as for Strangers and Forrayners as Occham (f) Occ. supra pag 47. Antony de Rossellis (g) Ant. de Rossell Monarch part r. c. 56 and Vulturnus (h) Vultur lib. de Reg. mundi they affirme the same For as touching Marsile of Padua they were not so hardy as to alleage him for so much as he is well knowne for an heretike by the vniforme consent of all Catholiques as hauing denied that the Pope was head of the Church iure diuino and S. Peters Successour which the Councell of Constance (i) Concil Costant sess 8. in condem art VVicaf bindeth to beleeue as an Article of faith and vnder payne of Anathema In so much as for this very cause the Emperour Charles the Fifth caused his bookes to be burned publiquely Moreouer they durst not alleage the Epistle of the Chapter of Liege against Pope Pascalis during the contentions of the Popes and of the Emperour Henry the 4. First for that the Bishop of Liege vnder whome it was written was the Emperours Chaplaine and one of his faction (a) Vâ—sperg in Chron. very passionate against the Pope as hauing beene created Bishop by the Emperour by the Anti-pope Secondly for that at what time it was writteÌ„ the Emperour resided actually in Liege (b) Ibid. Thirdly for that the Chapter of Liege hath since (c) Ibid. abrogated it razed it out by the pardon they craued of the Pope for hauing taken part with the Emperour And fourthly that the same Emperour doth recall it when he wrote to Pope Gregory the seauenth the third Pope after Paschalis saying (d) Inter Epist Hen. â— Protest edit That it was the tradition of the Fathers that he could not be deposed if he erred not in faith Which Cusanus (e) Cusan l. 3. concord Cath. c. 7. the Imperialist writing for the CouÌ„cell of Basil against the Pope hath since auowued and auerred in these words If the Pope finde that he who hath beene chosen Emperour erreth in faith he may declare him not to be Emperour They well alleage indeed Sigebert (f) Sigeb in chro anno 1088. who saith that it was a nouelty not to say heresy to teach the people that they did not owe any subiection to bad Kinges But besides that this Sigebert was a man no lesse passionate for the part of the Emperour then was the Bishop of Liege what he sayth doth not any way touch the case brought by the exception which is of Kinges Heretikes or Infidells Now if those who haue of set purpose laboured in fauour of the Oath of England (g) VVidring in Apol pro iur Princ. to finde out authors who haue affirmed that in case of Heresy or of Infidelity the subiectes could not be absolued from the obligation that they owe to their Princes could not finde out any one And if those who haue since written of the same subiect in France could neuer finde out in all France since the time that Schools of Diuinity haue beene instituted and set open til this day one only Doctour neither Diuine nor Lawyer nor Decree nor Councell nor determination nor Act of Parlament nor Magistrate either Ecclesiastique or Politique who hath said that in case of heresie or of infidelity the subiectes cannot be absolued from the oath of fidelity they owe to their Princes On the contrary if all those who haue written for the defence of the temporall power of Kinges against Popes haue euer excepted the case of heresy and of apostacy from Christian Religion how is it that they can without inforcing of coÌ„sciences not only make men to receaue this doctrine (a) Artic. of the third Estate that in no case the subiects can be absolued from the oath of Allegiance they owe to their Princes for a perpetuall and vniuersall doctrine of the French Church But also to cause all the Bishops Abbots and other Ecclesiasticall persons to sweare it as Doctrine of faith and to condemne the contrary as impious peruerse and detestable And how can we endure a propositioÌ„ to passe for a Fundamentall Law of the Estate of France which came to light was borne in France more then an eleauen hundred yeares since the State of it was founded And when there shal be found as many persons who shall haue followed it in France as there be found who haue followed the contrary what shall they be able to inferre more other nations contradicting then to hold it for problematique in matter of faith and not to cause men to take and sweare it as conforme to Gods word and necessary to saluation and to abuse the other as contrary to the word of God impious peruerse detestable But this is inough for this point Let vs passe to others and endeuour to handle them all in as full worthy maÌ„ner as this Audience doth deserue THE SECOND INCONVENIENCE that I haue bound my self to shew in this Fundamentall PropositioÌ„ is that not only it giueth vnto Lay persons power authority to iudge of thinges of Religion and to decide the doctrine that it contayneth to be conformable to the word of God and the contrary to be impious peruerse and detestable But also it giueth these men authority to impose a necessity vpon the Ecclesiastical persons to sweare preach and teach the one and by Sermons and writinges to impugne the other And who seeth not that this is to make the Church like vnto that woman of whome S. Epiphanius speaketh (a) Epiph. hares 59. quae est Cathar who did put her head-tyre vpon her feete and her shoes vpon her head which is as much to say as to commit the commaund and authority of the Church to the parties that should obey and to put obedience vpon the parties whose office it is to commaund And what is this but to open a gate to all heresy What is it but to turne vpside downe to ouerthrow the Churches authority What is it but to tread vnder foote the respect of Iesus Christ and of his ministery To be short
besides the possession without interruption continued and the perpetuall tradition of the Prouince there were writinges made that very houre the date accordinge to the account of the yeare of our Lord falling to be the same with the yeare 536. Which I alleadge not as I haue before made protestation therehence to inferre any particuler consequence from fact to right but to shew in generall how great reuerence our first kinges did beare to the censures of ancient Popes The Pope sayes du HaillaÌ„ (b) Du Haillan en Phist de France l. 1. incensed with this cruell acte sent word to the King that he should make amendes for this fact otherwise that his realme should be interdicted Then Clotharius feeling remorse of conscience for his crime did ordeine for amendes thereof that from that time forward the Lords of Yuetot and their heires should be quit from all homage seruice and obedience due to the King for the territory of Yuetot c. And thereupon were the euidences drawne and sealed by the foresaid Clotharius And Gaguin (a) Gaguinus hist â—ranc l. 2. I find as an infallible truth that this was done the yeare of our Lord 536. For the English hauing long time after dominion in Normandy there fell out a suite betweene Iohn of Holland Englishman and the Lord of Yuetot as if his territory had beene tributary to the King of England The Lieuetenant of (b) The word which the translator of Gaguin vseth is Caletz which signifieth as well the towne as the coast of Callis the people wherof in old time were cal'd Caletes and wherof one part is euen to this day called le Pais de Caults Callis after he had throughly in the yeare of our Lord 1428. informed himself of the case by order of iustice did determine that he had found iust as I haue noted before And when Queene Brune childe and King Theodorike desirours to haue a confirmation of the priuiledges of the hospitall of Autun which the said Queene had founded and to haue the insuing Kinges bound by the authority of the Sea Apostolike to conserue them inuiolable without the least tuch of any sacriledge the Pope S. Gregory the great at their instance wrote these wordes in an Epistle to Senator which is the tenth in the eleauenth booke of his Epistles (c) An absurd Author hath as fondly made answere that this decree is not found in S Gregory as it was absurdly answered that the Excommunication of the Emperour Theodosius by S. Ambrose was not to be found in the Ecclesiasticall History We grant and confirme ordeyning that no Kings Prelates nor any other of what degree soeuer may in part diminish or take away any thing bestowed on the said hospital by the foresaid most excellent Kings our sonnes And a litle after And if any one of the Kings Prelates Iudges or other secular persons after information giuen of this our constitution do go about to contradict it let him be depriued of his power and dignity For I wil not serue my self of those Buls of the Abbey of Soisson for that they were not inserted within the Register of S. Gregories Epistles but were taken out of the Coffers of the Monkes of S. Medard and put after the work at the end of the Register as appeares both by ancient impressions of the same Register and by the citation of Pope Gregory VII (a) Gregor 7. lib. 8. ep 21. who liued more then 500. yeares since made of the Epistle to Senator without speaking of that of Soisson And when the Emperour Iustinian the 2. sent his Constable to take Pope Sergius and transport him from Rome to Constantinople for that he would not approue the Councel falsely called the Sixt the Imperiall souldiers of Italy opposed themselues droue back the Emperours CoÌ„stable with iniuries reproaches Iustinian the 2. sayes Beda (b) Bed de sex aetat mundi an Author of the same age being offended for that Sergius of happy memory Bishop of the Church of Rome would not signe and fauour the erroneous Synod which he caused to be held at Constantinople sent his Constable Zachary commaunding him to take the Pope and bring him to Constantinople But the Souldiers of Rauenna with the Prouinces adioyning did resist the impious commaundement of the Prince and repelled the said Zachary with contumelies reproaches from the Citty of Rome It is true indeed that afterwardes the same Iustinian did wash away this cryme togeather with other his impieties when as hauing gotten Pope Constantine into the East He threw himselfe prostrate on the earth (c) Bed ib. before him saith Beda and praying him to make intercession for his sinnes he did renew all the priuiledges of the Church And when the Emperour Philippicus successour to Iustinian 2. came to the Empire and according to the custome of the Emperours presently after their comming to the state of sending the profession of their faith to the Pope had addressed vnto him a profession of an hereticall faith the Pope reiected it in Synode and vpon the refusal of it the people of Rome abrogated the Emperour Philippicus his Imperiall titles Philippicus sayth (a) Beda de sex aetat mundi Bede and after him Paulus (b) Paulus Diacon de gestis Longob lib. 6 cap. 4. Diaconus sent vnto Pope Constantine letters of peruerse doctrine which the Pope togeather with the Councell of the Sea Apostolique reiected c. And the people of Rome ordeyned that neither the name nor the edictes nor the money that had the image of the heretical Emperour vpon it should be admitted or receaued And at what time the Emperour Leo Isauricus fell into the heresy of the Iconclastes or Image-breakers and began to persecute the Catholikes in the East Pope Gregory the second after many dilations assembled a Councell of the Bishops of the West at Rome by which he depriued the Emperour of all his rightes tributes iurisdiction and power Imperiall that he had in Italy and all this with the aduise assistance of the French And though some Authors be silent herein yet Theophanes Cedrenus Zonarus Greeke historians affirme it and none of them deny it The most holy Gregory sayth Theophanes (c) Theop. in hiâ—â— miscel lib. 21. withdrew Rome Italy and al the rights as well of the Republique as of the Church into the west partes from the obedience of Leo and of his Empire Zonaras saith (d) Zon. tom 3 Annal in Leon. Isaterico Pope Gregory seeing the persecutions of the Emperour Leo against the Catholikes did cut off from communion with him the Bishop of Constantinople and those who imbraced the same impiety and exposed them together with the Emperour to an Anathema Synodique forbad the tributs which til then had beene paid to the Empire and adioyned himselfe with the French whereupon they might take an occasion to make themselues maisters of Rome And when the French were resolued to abandon and
forsake Childerike and to substitute Pipine in his place though the cause that moued them to remooue and make away Childerike was his impertinency and his stupidity yet in as much as it touched Religion by occasion because Childerike his imbecillity weaknes did put France in danger of falling from Christianity (a) Orat. legat Pipini apud Paul Aemilium in Child 3. through the inuasion of the Sarazens who were become possessed of all Affrike and Spaine and had already many times ouerrun and wasted France and that otherwise it rested vpon the absolution of an oath in matter of conscience They would not in any wise yeild to do homage to Pipin vntill the Pope had absolued them in the spirituall Tribunall from their precedent and former oath they had made to Childerike Pipin saith Paulus Aemilius (b) Paul Aemil. de reb gestis Franc. in Child 3. after infinite other authors sent Burchard Bishop of Wirtzburg to Pope Zachary for the abrogating taking away of the obligatio of the oath by which the French were bound to Childerike And againe The Pope absolued the French frō the Oath they had made to Childerike and they assembling the States did homage to Pipin in quality of King (c) du Tillet en la vie du Child 3. And the Lord of Tillet in his Memorialls sayth To take a way the note of periury and infidelity it was thought best to send vnto Pope Zachary Vegard Bishop of Wirtzburg Fulrad chaplayne of the said Pipine for the obteyning of absolution vnto the said subiects from the oath made vnto the said King Childerike and of approbation of the election by them made of the said Pipin for their King And this was accorded by the said Pope And when as againe after the heresy of the Emperour Constantine Copronymus and of Leo his Sonne and the persecution that Constantine Sonne of Leo raysed against the Catholikes for his false marriage Charlemaine became beloued and potent in the West and that it came to be vnderstood that by the inconstancy of the Emperours of Greece there was no more certainty at all for stability of religion in those prats of the East Pope Leo the third absolued with effect all their subiectes of the West from their fidelity declaring Charlemaine Emperour of the West in their place The French sayth Zonaras (a) Zonar tom 3. Annal. in Iren Constant made themselues Lords of Rome Pope Leo hauing crowned Charles and called him Emperour of the Romans And Theophanes (b) In hist nuscell 22. The Pope to requite Charles crowned him Emperour And Eginard Chancelor to Charlemain saith (c) Eginard in vita Caroli magni our Charles in the beginning had such an horrour at the title of Augustus as he affirmed if he had vnderstood the Popes intention he would not that day haue come to the Church notwithstanding it were a solemne festiuity And the Lord of Tillet in his Memorials sayth thus (d) du Tillet enla vie de Charlemaine Charlemayne was King of all France by the half wellneere augmented and increased by him and after that by Pope Leo crowned the first Emperour of the West And when King Charles the Simple meant to vse the help of the Infidells and to bring in the Normanes who were Pagans Idolaters into the Christian Countries of the French to make warres against his enemies Fouques Arch. bishop of Rhemes threatned him that he would renounce the fidelity he ought vnto him (e) Frodoard hist Eccles Rhemens Who is he quoth he who being faithfull vnto you as he is bound hath not an horrour that you desire the amity and friendship of Gods enemies and haue a will to the detriment and ruine of the name of Christ to receaue and admit the armes of the Infidells and detestable aliances with them And a litle after It were better you had neuer beene borne then to haue a will to raigne by the protection of the Diuell and for you to be assistant vnto them whome you should most eagerly oppugne Wherfore know you that if you so do and condescend to such counsells you shall neuer haue me loyall and faithfull to you and I will further withdrawe from your fidelity all that I shal be able and I togeather with my fellow Bishops will excommunicate you and your complices and adherentes and condemne you with a perpetuall curse in place of the fidelity I beare vnto you And when King Philip the first in the beginning of the last race forsooke Bertha his wife daughter to the Count of Holland and tooke in place of her Bertrude wife of Fouques Count of Anjou yet liuing matter that concerned the violating of a Sacrament and not of the breach of one Sacrament by simple adultery which had beene a crime of manners but by the superinduction of another Sacrament and by a publique profession of making it a matter lawful in keeping euen in the sight of his whole realme the wife of another man still liuing in his Royall bed and in title of Queene and his Spouse in place of his owne wife yet also aliue when as the precedent mariages had not by the Church been declared to be of no validity which was a cryme acompanied with heresie Pope Vrbane notwithstāding he was to contend with an Antipope reprehended the King and after many admonitions perceauing his pertinacy and obstinacy excōmunicated him in a Councell of almost 300. Berthold ad ann 1095. Bishops assembled at Clermont in Auuergne and interdicted his Realme And Pope Paschal after him did the same At the Councell of Clermont sayth Malmesbury (a) Guil. Malmesb lib. 4. c. 2. in Guil. 2. the Pope excommunicated Philip King of France and all them who called him King and obeyed him or spake vnto him if it were not to correct him And Iuo (b) Iuo Carnot ad Vrban Epist 46. of Charters writing vnto the same Vrbane sayth They will menace and threaten you that the King and his Realme will depart from your obedience that is will passe to the obedience of the Antipope if you restore not the Crowne to the King and absolue him from the excommunication And the Lord of Tillet sayth (c) Du Tillet en la vie de Philip. 1. In the yeare 1100. Iohn and Benedict Cardinalls and Legates of Pope Paschal the second sent into France assembled the Prelates at Autun at Valence and at Poictiers and after hauing admonished the King to take the said Queene Bertha agayne and to leaue Bertrude excommunicated them and interdicted the Realme Wherupon the said King was moued to iudignation But in conclusion he obeyed And when the Emperour Henry the fourth who liued at the same tyme with Philip the first complayned a while before Pope Gregory the seauenth for hauing absolued and discharged his subiectes from the Oath of fidelity he reproached him that he could not doe it for that he had not committed any errour in faith