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
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
the exception wherof the French Doctours speake who haue written in defence of Regall Authority which is the case of Heresy or Apostacy from Christian Religion but only the fact of temporall Soueraignty as it appeareth by the disauowing of the proposition that was comprised in these words (a) Apâ—d Bochâ—â—l Decree Eccl. Gall. lib. 5. ca. 6. I am sorie that I haue held that the Pope was Monarch spirituall and temporall and can depose Princes that are rebellious to his commaundements And therefore to what purpose is it to alleadge this history and other the like which speake of temporall Soueraignty alleadging them against the exception of which we treate which they who make it extend but to the cases of Heresy or of Infidelity alone that is to say of abiuration of Catholike or Christian Religion But it may be replied that the Popes may well impute vnto Kinges either by passion or bad information that they be Heretikes or Apostata's from Christian Religion though they be not so indeed But against this the authors of the exception thinke they haue carefully prouided For first they protest that they meane to speake of an Heresy notorious well knowne and condemned by the precedent sentence of the Church And secondly they confesse not that the execution temporall of these Ecclesiasticall iudgmentes that is to say of actuall deposition appertaineth to the Pope but to the body of the Realme By occasion wherof if the Pope erre in fact and he presuppose falsely that a Prince maketh a publique profession to belieue or establish an Heresy condemned by the Church a matter that cannot be concealed or hidden the Cleargy and all the rest of the Realme in place of following the iudgment of the Pope do ioyne themselues with the King and make knowne vnto the Pope how he was deceaued and mistaken in the fact demaunding that the matter may be iudged in full Councell the Church of France being present In so much as it is so far off that this manner of proceding restrayned to the only case of Heresy or manifest Apostacy from Christian Religion may cause the ruine and ouerthrow of Catholike Kinges as that on the contrary it doth assure and fortify them with a double rampaire For if the subiects haue any bad will they are not permitted vnder pretext of ReligioÌ„ to moue any thing against their Prince vntill the authority of the vniuersall Church residing either in the head which is the Pope or in the body which is the Councell hath declared him fallen into heresy or Apostacy from Christian Religion And if the Pope deceaued or misinformed in the fact precipitantly and vniustly declare him such a one besides the recourse that the French are wont to haue to require of the Pope that the matter may be examined in a Councell where the Bishops of all the Church in particuler those of the French Church are present the declaration of the Pope cannot be followed to the temporall effect which is actuall deposition vntill the Realme consent vnto it and see demonstratiuely by the conuersation of their Prince whether he maketh professioÌ„ of the Catholike ReligioÌ„ or of any other Now who vnderstandeth not that it much more profiteth Kings to haue this double rampaire before them that is that nothing can be designed against them without the preuentioÌ„ of the Churches vniuersall iudgment nor be effected without the concurrence of the consent of their people then to permit leaue to the liberty of euery particuler persoÌ„ to censure of the religion of his Prince after he hath giuen his iudgment to make himselfe an arbitrer of the remedy that is to be applied It further appeareth that our Kinges haue beene so farre of from thinking that this barre of the Popes authority interposed betweene them and their subiects hath beene preiudiciall vnto them as on the contrary they haue with great instance obteyned of the Popes and that by a priuilege both very singular and fauourable that none other but the Popes may excommunicate the Kinges of France or impose interdiction be it in generall vpon the whole Realme or in particuler vpon the Landes vnder their obedience Hence it is that Peter de Cugneres (a) Petr. Câ—gner grauam 59. the Kinges Aduocate among other the coÌ„plaints that he made to King Philip de Valois against the Church-men brought this article for one Moreouer they haue many times interdicted many of the Kinges Cities and Castles and haue caused the diuine seruice therein to cease against the priuiledges that our Soueraigne Kinges haue from many Popes For Pope Alexander the (b) Alexand 4.2 Calend. April Pontif. an 2. 4. yealded thâ—se wordes vnto the King S. Lewis by expresse Bulls That no Archbishop nor other Prelate can publish against your land sentence of excoÌ„munication without commaundement or speciall licence of the Sea Apostolike And Nicolas (a) Nicol. 3.13 Calend. Octobr. PoÌ„tif an 1 the third vseth these wordes in his Bull to Philip his sonne That none generally pronounce the sentence of excommunication or of interdiction against all your land or against the Realme of France without speciall commandement of the Sea Apostolique And besides Clement (b) Clem. 4.3 Idib Martij Pontif-an 2. the fourth Gregory (c) Greg. 10.9 Cal. April Pontif. an 1. the tenth Martin (d) Mart. 4. cal Octob Pont ann 1. the fourth Clement (e) Clem. 5.2 cal Aug. Pontif. ann 2. the fift who published the like Bulls Clement (f) Clem. 6.2 cal lan Pontif. ann 9. the sixt renewed them afterward againe by Bulls sent to King Iohn and to the Queene Iane his wife in these termes Giuing consent to your deuout petitions we yeild vnto you by Apostolike authority to you and to your successours Kings of France who shall be from time to time that none can publish sentence of Interdict against your land or theirs without speciall coÌ„maund or licence of the Sea Apostolike And againe by other Bulls (g) IdeÌ„ 12. cal Maij Pontif. ann 9. sent to the same King Iohn and Queene Iane for their Chappell 's in particuler in these wordes That it be not lawfull for any to put the Chappell 's of you and of your Successors Kinges after you vnder Ecclesiasticall Interdict without speciall licence of the Sea Apostolique And these Bulls were addressed and sent to the Court of the Parlament of Paris by the letters Patentes (h) Anno 1369. of Charles the Fifth to cause them to be registred And they were registred (i) 14. calend maij by Act of the same Parlament shewing their execution and verification But here the question of Right is not disputed namely whether the French Doctours haue had reason to except against the insolubility of the Oath of alegiance in cases of Heresy or Apostacie from Christian religion The matter which we now speake of is a question of Fact that is to say Whether they haue excepted them And for this wee need no
of History and practise of the Church the methode I will obserue shal be in prouing two things The one that not only all the other parts of the Church which are at this day in the world hould the affirmatiue opinion that is to say in the case of hereticall Apostataes and persecuting Princes the subiects may be absolued from their Oath of allegiance made to them or their predecessours but also for these eleuen hundred yeares there hath not been any one age in which this doctrine hath not byn belieued and practised in diuers nations The other that it hath byn continually held in France where our Kings and particulerly those of the last race haue defended it by their authority and armes where our Councells haue vpheld and mayntained it where our Bishops and Scholasticall Doctours since the first institution of schooles of Diuinity vntill our dayes haue written preached and taught it and where to conclude all our Magistrates Officers and Lawyers haue followed and faâ—oured it yea often times for crymes in matters of Religion much more light then heresy or Apostacy Wherewith notwithstanding I intend not to help my selfe but where they serue to defend either the generall Theses that is to say Whether in some cases the subiects may be absolued from the Oath made by them to their Princes or this particuler Hypothesis that in the case of hereticall Apostataes and persecuting Princes their Subiects may be dispensed withall in obeying them To the end therfore to free you from all obscurity I will not oppugne your Article but by those maximes wherin our Doctours of France who haue written in defence of Princes temporall authority do all agree conteyning my selfe notwithstanding in the simple playne way of fact without passing to that of right the decisioÌ„ wherof appertaines not to this tyme nor place First then to begin with Anastasius who was made Emperour more then eleuen hundred yeares ago When this Emperour Anastasius an Eutichian heretike tooke on him the Empire Euphâ—mius Patriarch of Constantinople would neuer acknowledge him for Emperour vntill he had signed and subscribed with his owne hand to the Creede of the Chalcedon Councell Anastasius as Victor Tunonensis (a) Victor Tunon in Chron. à Scaligero edito an Author of that age hath left written vrged by the Bishop of Constantinople was constreyned to promise vnder his hand to attempt nothing that was sinister against the Apostolike Faith and the Councell of Chalcedon And Euagrius (b) Euagr. hist Eccle. lib. 3. ca. 32. The Empresse Ariadne desirous to put the Imperiall habiton Anastasius the Bishop Euphemius would neuer giue his consent vntill he had giuen vp a profession of his faith written with his owne hand with grieuous and seuere Oathes And Theodorus Anagnostes saith that (c) Theod. Anagnost l. 2. collect hist Eccl. Anastasius being declared Emperour by the Empresse Ariadne Euphemius the Bishop made resistance (a) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 calling him heretike and vnworthy to haue commaund one Christians Notwithstanding the Empresse and the Senate trayling Euphemius by force did their vttermost to compell him But he would neuer consent to anything before he had drawne from him a profession by writing to imbrace the doctrine of the Chalcedon Councell And when the said Anastasius fell back contrary to his Oath vnto the Eutichian heresy and passed further to persecute the Catholikes Pope Symachus resisted him tooke vpon him the defence of the Church in these wordes (b) Sym. in Apologet It may be thou wilt say it is written We must be subiect to all power It is true We acknowledge humane power according to the degree therof yet so notwithstanding that it be not erected against God But for the rest if all power come from God with much more reason that which gouernes diuine things Beare respect to God in vs and we will reuerence God in thee But if thou honour not God thou canst not clayme priuiledge by him whose lawes thou coÌ„temnest And imediatly after Thou sayst that the Senate coÌ„spiring with me I haue excoÌ„municated thee that which I found lawfully done by my Predecessors I haue without doubt followed Thou sayest that the Senate of Rome doth treat thee ill if we treat thee ill by inciting thee to leaue heretikes can it be thought thou dealest well with vs which wouldest throwe vs headlong into the society of heretikes And when he went about to distill the infection of his heresy into the Churches offices â—â—d set his hand to the banishment of Bishopâ— not only the people of Constantinople were in commotion against him and demanded another Emperout but moreouer Vitalianus one of the chiefest Generalls of that age hauing assembled a puissant army went to present him battaile at the very gates of Constantinople and would heuer agree to peace but with this condition That he should recall the Bishops whom he had banished from their seas should reunite all the Eastern Churches with the Romane The Catholikes sayes Marcellinus Comes (a) Marcel Com. in chron demanded Areobuidas for Emperour and threw to ground the Images and statua's of Anastasius And Cedrenus (b) Cedr in compend hist in Anastas Anastasius going about to ioyne these words to the Hymne of the Church who was crucified for vs there was made a popular insurrection within Constantinople the Citizens calling for another Emperour wherby the Emperour being affrighted put of for a time his heresie And Victor Tunonensis (d) Victor Tunon in chron Count Vitalianus the sonne of Patriciolus vnderstanding the subuersion of the Catholike faith the condemnation of the Chalcedon Councell the banishment of the Catholike Bishops and the intrusion of heretikes into their places he assembled a great army revolted from the Emperour Anastasius and ioyning battaile which Patricius the Emperours Nephew Constable of the Empire he killed threescore and seauen thousand of the Romane souldiers and tooke Patricius prisoner And a little after Vitalianus being incamped at the gates of Constantinople notwithstanding many demaundes of peace made to him by the Emperour he would neuer â—earken to any but with this condition that he should call back the defendours of the Chalcedon Councell who had beene cast out from their seas and should reunite all the Churches of the East with the Romane And when Clotharius the first of that name King of France that liued in the same age with the Emperour Iustinian had slayne within the Church of Soisson on good Friday in the time of the adoring the Crosse * Gautier Walter Lord of Yuetot in Normandie Pope Agapetus whome the Greekes call (a) Concil Const sub Men. the Beloued of God and men did threaten him with his censures if he did not make amendes for the outrage he had committed against Christian Religion In satisfaction wherof the King did erect the territory of Yuetot with * En tiltre condition de Royâ—ume the title and freedome of a Kingdome Wherof
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
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
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
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
time the Christian people hath by the conuersion of Emperours and Empires and by the reduction of Kinges and Kingdomes beene gayned and consecrated to Iesus Christ his temporal raigne it cannot any more be vsurped nor possessed by way of right by the enemies of Christs name And hence it is that whatsoeuer Conquest the Turke maketh of the Christians and whatsoeuer possession of long continuance it be he cannot by any tract of tyme gaine the least inch of prescription ouer Christian people who were formerly subiect to Christes temporall tribunall before any such Conquest by him made And to say the contrary were not only to imbrace and hod one of Luthers errours who hath taught that the warre that the Christians made against the Turkes was vniust and vnlawful not only to cōdemne the authority of so many Councells which haue decreed the expeditions of the holy Land for the ayding of the Christians of the East for the deliuering of them from the yoke and seruitude of the Infidells which had beene a thing vniust For the Accessary followeth the Principall and if the Christians of the East had beene lawfull subiectes to the Mahometan Princes they neither could haue reuolted from them nor rebelled against them But also euen to anathematize and accurse the memory of so many Christian Worthies and to affirme that so many Knightes Princes and Kinges among them our most glorious S. Lewis who dying in that warre as Champious maynteyners of Christes cause pretended to gayne the Crowne of Martyrdome dyed in a cause vniust and worthie of damnation But those who defend the negatiue part reply and say that in tyme of the first Arian Emperours Constantius and Valens before whome the Empire had already acknowledged Christ Iesus the Church vsed not such manner of proceeding nor acquited the Christians of their obedience On the contrary that the Bishop Hosius writing vnto the Emperour Constantius Apud Athana in epist desolit vit agen saith vnto him in these wordes As he who would spoyle you in your Empire should resist Gods ordenance So I feare that your vsurping the authority of the Church will make you culpable of a great cryme To this then the defendants of the affirmatiue part answere two thinges The one that the Custome of obliging Princes to make an expresse oath vnto God and to their people to liue and to die in the Christian and Catholique Religion had not yet place in the tymes of the first Heretique or Apostata Emperours was not brought in but afterwards namely then when they would stay and hinder Religion from falling into the same perills wherin it was vnder them The other that the Church vsed not this proceeding not for default of Right but for want of force and strength not for want of power in it to ordeyne it but through want of ability in the Christian people to execute it For it is not inough to bind the Church to declare Princes Infidells to haue lost their rightes to exhort their subiects to depart from their obedience that she may lawfully do it but it is further necessary that she be able to do it prudently and profitably And therefore S. D. Tho. 2.2 2. q. 10. art 10. Thomas after he had said Infidells by the desert of their Infidelity be worthy to loose their power ouer the faithfull addeth But this the Church sometimes doth and sometimes doth it not And if we should conclude that because the ancient Church hath not declared the first Arian Emperours excluded from the right they had from God of commaunding Catholiks that therefore she had not the authority to do it we then should conclude the very same that because it excommunicated them not it had no authority to do it For we find not that any either Pope or Councell did euer namely and personally excommunicate the Arian Emperours Not for that the Church cānot excōmunicate them as wel as other Ariās whome it excōmunicated from tyme to tyme but for that it deemed it a matter of imprudency and pernicious to Religion to exasperate them not hauing forces to represse and curbe them And as touching Hosius they āswere that he saith not that the Church cānot absolue in the spiritual Court the Catholiks from the obedience of Cōstantius if she should haue thought it profitable possible and necessary for them to attempt the deliuery of themselues from his tyranny Neither saith he that if the Emperour Constance being a Catholique Prince had not beene dead and that he had declared and proclaymed warre against his brother Constantius as he threatned he would do if he ceased not to persecute the Catholikes the Catholikes of the East would not haue ioyned taken part with him and would not haue belieued that the Church could haue dispensed with them about their oath of fidelity they had made to Constantius Theod. hist Eccles lib. 2. cap. 9. alibi But they say that Hosius speaketh of them who of their priuate authority and of their owne ambition raised themselues against Constantius to depriue him of the Empire and to become Tyrantes themselues Yet Lucifer Calaritanus maketh no difficulty Lucif Cola. rit lib. de non parcend in Deum delinq to call Constantius himselfe A Tyrant and the Antiochus of his age and protesteth that he is not bound towardes him to obserue the modesty of wordes which the Apostle commaundeth to be obserued to Princes and Magistrates for as much as the Apostle speaketh of Princes who haue not yet belieued in Christ and not of such Princes as haue reuolted from Christ I adde saith he that the Apostle speaketh of Princes and Magistrates which haue not yet belieued in the only Sonne of God whome we should by our humility and meeknes and long patience in aduersity and most great obedience in thinges reasonable prouoke to belieue in him But those who hold the negatiue part Socrat. hist Eccl. lib. 3. cap. 19. reply that the Christians might well haue deposed the Emperour Iulian the Apostata For when the Emperour Iouian who was elected after his death Theod. lib. 4. cap. 1. answered the soldiers of the Army Sozom. lib. 6. cap. 1. that he would not haue a commaund ouer men who were not Christians they replyed that they were Christians And to this againe they who maynteyne the affirmatiue part want not their answere For on the contrary they auerre that the Church could not do it prudently nor profitably For besides that the Christians were so deuided as the faction of the Arians alone ioyned with the Heathens without speaking of other Heretikes or of the cold Catholikes who as S. Gregory Nazianzene saith Greg. Naz. in Iul. orat serued the tyme and had not as he further addeth other law then the Emperours will held their foote vpon the Catholike Churches throate And besides when Iulian was Emperour he was so far from persecuting the Catholikes at the first as that in
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