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

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Chapter of Deuterno that God did expresly forbid that a vineyard should be plāted of diuers kinds of plants to mixe woollen and linnen together to sow a fielde with diuerse seedes The nouelty of the institution of the Iesuites societie their doctrine different from that of the Church and from the Theologie of our schoole the which neuer swarued nor went out of the eclipticke line of truth yea diameter-wise and directlie opposite and contrary to the authority of free Monarchies hath beene the cause that our ancestors haue earnestly withstood the receiuing of the Iesuites and that the schoole of Sorbone then furnished with the greatest and most famous doctors of Christendome the greatest part whereof were assistant at the Councell of Trent made that famous decree of the yeere 1554. which conteineth a prophesie of the miseries which were felt sithence and endured presages God for our chastisment hath ratified so that the ineuitable necessity in which the enterprises and imprudent passions of the Iesuites doe ingage vs the extreme perill which they haue brought our Countrey vnto cannot but vntie our tongue although we should haue been mute and tongue tyed all our liues for to performe the same duty againe at this present guided by the light of those to whom we would take it for a speciall grace to be resembled either for sufficiency or honesty not being able to faile vpon this occasion to discharge our consciences for the honor and preseruation of the publique weale and for the aduancement of truth vnlesse we will bee thought more zealous to our owne ruine then affectionate to our safety Wherein as our intention is to take the same decree of our schoole for the rule and measure of this demonstration which the Iesuites could neuer procure to be censured at Rome where our deuotion is knowne and where it is not yet out of memory what opposition was made there as well as here at the establishment of the Iesuites which had preuailed had it not beene in regarde of their fourth vow so we will begin with the same protestation which the diuines of Paris then made in which we desire to liue die and for the good of the Catholike Church and of the holy Sea would confirme it with our blood that wee haue no desire to enterprise any thing either in thought word or deed against the authority of our holy fathers the Popes But contrariwise all of vs in generall and each of vs in particular like obedient children doe acknowledge the holie father to be the Vicar of our Lord Iesus Christ the vniuersall Pastour of the Church to whom God hath giuen fulnes of power therein his decrees and constitutions are to be obeyed and reuerenced kept and obserued and as the Vniuersity and schoole of Paris had neuer other beliefe so now doth shee openlie pronounce it with her heart and with all true affection Our Vniuersity together with all Christian people hath reason to take offence and scandall at the vsurpation which the Iesuites haue made vpon the holy name of Iesus in attributing particularly vnto themselues this speciall and incommunicable name which cannot bee giuen for a marke and distinction amongst Christians but is a name of effect and of office which apportaineth vnto none but to the Sauiour of the world neuerthelesse as if the Iesuites in a kinde of analogie or proportion could doe something in the Church like vnto that they would make men belieue that their society is essentially necessary for the Catholique religion that without them it cannot subsist they say that they were chosen by the diuine prouidence for a rule and reformation in these latter times Ad silentium tumidis magisterijs imponendum defectus aliorum corrigendos supplendos To suppresse and put to silence the haughty doctors and to supplie and correct the defects of other men As Ozorius hath written in his second sermon vpon the death of father Ignatius applying vnto their society the dreames and vaine fancies of the Abbot Ioachim condemned by the Church Whereuppon it followes that they submit all that which concerneth the honor of God or the good of the Catholike religion to the particular interest of their society and repute all those for heretikes which doe not follow their diuelish opinions and concurre with them in their subtilties and cunning practises This is the reason that Ribadenera writeth that Ignatius Loiola framed his religion by reason that all the rest were defectiue whence it proceedeth that by the Bulles of Pope Pius the fifth and sixth they haue gotten by way of preuention all the graces indulgences faculties and priuiledges which can be found euer to haue beene granted to any Antehac concessa concedenda A testimony that their ambition is not yet at the point where they will stay In their institution they haue wholy derogated from the discipline of the Church and from all the ancient Canonicall constitutions it may be truly saide as the decree of the Sorbonne hath already pronounced that they haue built and raised themselues vpon the ruine and decay of monasticall discipline All the religious men which since the time of our Sauiour Christ haue chosen a kinde of life speciall and different from that which is ordinary and common to all Christians haue made immutable vowes taken markes whereby to be discerned stedfast immoueable and perpetuall rules The law of God doth command that that which is dedicated and consecrated vnto God by the sanctification of a solemne vow should remaine for euer assured and setled in that estate which is the highest degree of perfection that can bee imagined whence it commeth to passe that in things inanimate and without life wee cannot make that which is sanctified perseuering in his integrity to be vnhallowed and loose the force of his consecration Farre greater reason then is it that a man vowed dedicated consecrated vnto God should not loose this essentiall quality and inseparable from the subiect Saint Thomas setting downe the difference betweene a simple Vow and a solemne vow as that of entring into religion is teacheth vs that the solemnity of a vow consisteth in the consecration of him which is vowed Quando per certaeregulae professionem relicto saeculo abdicata propria voluntate perfectionis statum assumit When by taking vpon him the profession of a certaine rule or Order forsaking the world and renouncing his owne will and affections he doeth assume the estate of perfection which all the Diuines hold cannot be abandoned nor forsaken without Apostasie The Iesuites at the entring into their order do make a solemn vow between the hands of their superior and a solemne profession to liue according to the rules of their society the which are of Obedience Pouerty Chastity notwithstanding by permitting as they doe those of their order to change their forme and manner of life to possesse goods and riches to succeed their ancestors as heires and at a need to marry as many of
THE ARGVMENT of Mr. PETER de la MARTELIERE Aduocate in the Chart of Parliament of Paris made in Parliament the Chambers thereof being assembled FOR THE RECTOR AND VNIVERSITIE of Paris Defendants and Opponents against the Iesuits Demandants and requiring the approbation of the Letters Patents which they had obtained giuing them power to reade and to teach publikely in the aforesaid Vniuersitie Translated out of the French Copie set forth by publike Authoritie HONI SOIT QVI MAL Y PENSE ❧ Jmprinted at London and are to be sold neere S. Austins Gate 1612. TO THE HONOVRAble Sir THOMAS FLEMMING Knight Lord Chiefe Iustice of England MY Lord The same reason which first incited mee to vndertake this taske hath beene a principall motiue likewise emboldening me to offer it vnto your Lordships view and to presume to publish this discourse vnder the protection of your Lordships name The matter heerein handled is a notable famous controuersie arising between the ancient and renowned Vniuersity of Paris and the new and infamous yet cunning and powerfull sect of the Iesuits referred vnto the determination of Law Iustice and vpon the pleadings formally and iudicially argued and discussed the Actor a man of Law a learned and famous Aduocate as this his elaborate Argument doth sufficiently testifie and by a learned Doctor and Rector of the Vniuersity of Paris stiled os Themidis fori deliciae The persons and place before whom and where it was represented the Presidents and Counsellors in that great Court Parliament of Paris the sterne and guide of the Common-wealth and affaires of France the iustice and authority whereof amidst the cruell rage and tempests of ciuill wars as a firme anchor vpheld and preserued the same from most apparent shipwracke As then it cannot be accounted I trust superfluous and impertinent in me whose studie is conuersant in the Lawes of this Kingdom to intermeddle with that which is within the compasse of my profession and to ioine the view of the Lawes customes of other Nations and their manner of proceeding with those of our owne since that all humane Lawes haue but one soule which is reason one onlie function which is the peace and quiet of Estates and Common-wealths So I hope it will not be deemed presumption or rashnesse in that I present it vnto your Lordship who worthily presideth in a supreme Court of Iustice not inferiour vnto that of Paris in regard either of antiquity or Maiestie the Basis and pillar of this great Monarchie the firme supporter of the roiall Crowne and dignity To you my Lord who in regard of the place to which your worth learning piety eminent virtues haue iustly aduanced you do bear that honorable stile of Lord Chiefe Iustice a most significant title denoting the speciall charge and interest wich is committed vnto your Lorship in the execution of Iustice which you most sincerely wisely and religiously doe exercise with all integrity moderation to you who by reason here of are of the Law and professors thereof Deus tutelaris a Patron and Protector and therefore what our industry can effect is but a smal acknowledgement retribution of duty to be offered and dedicated vnto you Besides the subiect of this discourse is chiefely against that new excesse of impietie and King-daring doctrine of the Iesuites which like a contagious disease hath infected all the quarters of Europe bred strange combustions in Estates and bene the cause of most desperate attempts against the venimous poison whereof there is not a more forcible preseruatiue then the seuerity of your Iustice nor hath there bene euer any stronger bulwarke defence of the sacred authority persons of our Kings in all times and ages then the common Lawes of this Land Statutes of the Realme of the which your Lordship is the Chiefe-gardian and by due execution doe addelife soule vnto them These reasons my honorable Lord haue moued me though with the discouery of mine owne imperfections to hazard these first vntimely fruites of my idle houres on your Lordships fauourable acceptance wherein I shall haue receiued full content my desire intention beeing only to yeeld vnto your Lordship an humble acknowledgement of that reuerent regard and due respect I owe vnto you and to testifie that I am Your Lordships in all dutie deuoted GEORGE BROWNE AN ADVERTISMENT to the Reader READER To the end that thou fall not into this discourse abruptly I haue thought it not impertinent by way of Preamble to insert this short aduertisment touching the first institution of the Iesuites with their beginning and proceedings in France and the occasion of this present controuersie which may serue not only for an introduction into the discourse ensuing but also for an explanation of sundry passages alleged therein Whatsoeuer is here related I haue taken partly out of Steeuen Pas quier sometime Atturney generall of the King at Paris in his 4 booke of Epistles last epistle which I wold not conceale the rest I haue collected out of the histories of France As for the Vniuersity of Paris I shall neede to say little for it is sufficiently set foorth in the discourse but that it was first founded by Charles the Great in the yeere of our Lord 791. and that the Sorbonne so often mentioned is nought else but a famous Colledge of Diuines founded about the yeere 1253. by Lewis the 9. called Saint Lewis as my Author saith or as others write by Robert brother of the said King Now as concerning the Iesuits this Order first arose in Christendome about the yeere 1540. the Author and Founder therof was one Ignacius Loyola a gentleman of Nauarre who all his life time had followed the wars and being hurt in the Towne of Pampelona which is the chiefe City of Nauarre whilest his wounds were a healing he fell to reading the liues of the Fathers resoluing vpon the pattern of their liues to frame the tenor of his owne afterward ioining with some others who were some 10 in number they altogether swore a kind of Societie and Ignatius beeing cured they made voiages to Paris Rome and to Ierusalem and at last retired themselues into Venice where they made their aboad some few yeeres and seeing they had many followers remooued thence to Rome where they began to make publike profession of their Order promising two things especially the one that their principall end and scope was to preach the Gospell to the Pagans and Infidels for to conuert them to the Christian Faith the other freely and without reward to instruct Christians in good letters and for to fit and accommodate their name to their deuotion they termed themselues religious men of the Society of the name of Iesus They presented themselues vnto Pope Paul the 3. of the house of the Farneses about the yeere 1540. which was the time that Germany began to take armes by reason of the alteration of religion and because that one