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A19951 An oration made on the part of the Lordes spirituall in the chamber of the Third Estate (or communality) of France, vpon the oath (pretended of allegiance) exhibited in the late Generall Assembly of the three Estates of that kingdome: by the Lord Cardinall of Peron, arch-bishop of Sens, primate of Gaule and Germany, Great Almenour of France &c. Translated into English, according to the French copy, lately printed at Paris, by Antoine Estiene. Whereunto is adioyned a preface, by the translatour.; Harangue faicte de la part de la chambre ecclésiastique en celle du Tiers-estat sur l'article du serment. English. Du Perron, Jacques Davy, 1556-1618. 1616 (1616) STC 6384; ESTC S116663 77,855 154

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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 excōmunicating 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 v●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 ● Reg. 11. That the Prophet Abia deposed Roboam frō 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. ●●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
notwithstanding what Azarias the high Priest said vnto him taken the Censar in hand to offer incense before the Altar the high Priest iudging it to be the leprosy did thrust him out of the Temple and from conuersing with the people by that meanes caused that the administration and gouernment of the Kingdome was taken from him and transferred to his sonne though among other nations the leprosy depriued none of conuersation with others nor of the gouernment of the Common wealth witnesse wherof is Naaman 4. Reg. 5. who was Generall of the warfarre of the King of Syria and Gouernour of his whole Kimgdome Finally to passe from thinges figured to things literal 1. Mach. 2. seq they allege the story of Matathias high Priest the head of the family house of the Machabees who seeing Antiochus who raigned in Iury to haue an intent to force the Iewes in their ancient customes and to ouerthrow their law and to persecute them by punishmentes torments death tooke armes gathered Gods dispersed seruantes together who effected wrought so much vnder his cōduct and his sonnes as they deliuered the people from the yoke of the Seleucides and tooke from them the Kingdome of Iury and by that meanes conserued the religion of the Iewes which without such a resolution fauoured by Gods visible assistance had els beene quite exterminated and abolished out of the land Those who hold the negatiue part come downe to the new Testament and cite for themselues this passage of S. Rom. 13. Paul where he writeth Let euery soule be subiect to higher Powers 1. Petr. 2. For he that resisteth the power resisteth the order instituted of God And this of S. Peter Be ye subiect whether it be to Kings as more excelling or to Rulers And by this they inferre that obedience to Kinges is of Right Diuine and therefore cannot admit dispensation by any authority neither spirituall nor temporall The maynteyners of the affirmatiue part answere to this that these passages do not in any sort touch the knot or difficulty of the controuersie For the question say they is not whether it be de Iure diuino to obey Kinges whilest they are Kinges or knowne for Kinges But the question is if it be de Iure diuino that he who hath beene once known acknowledged for King by the body of Estate may cease to be that is that he may do some thing by which he commeth to loose and forgo his rights to cease to be acknowledged for King Now these two questions be farre different For to take an example euen of him vnder whome S. Peter suffered martyrdome it was de Iure diuino to obey Nero whilest he was Emperour But it was not de Iure Diuino say they that he could not fall from his Imperiall rightes and be deposed and declared an enemy of the Common wealth It was de Iure diuino so long as Antiochus was by the Community of the Iewes acknowledged for King that the Iewes should obey him in matters that were not against God For he was no lesse temporall soueraigne of the Iewes then was the Emperour Claudius vnder whome S. Peter wrote But after that Mattathias the high Priest and the rest of the nation of the Iewes who liued conforme to their owne law had declared him a Tyrant and a violatour of the consciences of the people of God therefore no more their lawful Prince the particuler Iewes were then no longer bound to yeild him obedience And not only the defenders of the affirmatiue parte but euen M. Barcklay himselfe who is the principall propugner of the negatiue part vseth this distinction and sayth Controuers Menarch Mach. l. 4. cap. 16. There is not any case wherin the people can rise against a Prince ruling after an insolent manner so long as he continueth King For this commandement of God is alwaies against it Honour the King and he that resisteth power resisteth God And therfore the people cannot haue by any other means authority ouer him vnles he do something by which he by right ceaseth to be King And els where they adde 1. Petr. 2. what S. Peter writeth Rom. 13. Be subiect to euery creature whether it be to King as excelling or to Rulers as sent by him And S. Hebr. 13. Paul Let euery soule be subiect to higher powers And the same Apostle writeth els where in more expresse words thus Obey your Prelates and be ye subiect vnto them For they watch for your soules as those who ought to render accompt Hence it ariseth that it is as wel de iure diuino to yeild spirituall obedience to Prelates as it is to yeild temporall obedience to Princes And yet it followeth not that it is de iure diuino that the Prelates no not the Pope himselfe cannot fall from their rights of Prelacy nor that it is de Iure diuino to continue to obey them after they haue lost their right But the defendours of the negatiue part obiect that the Church which liued vnder the first Pagan Emperours neuer made vse of this right of absoluing in the spirituall Court the Christians from the Oath they had made vnto them And contrariwise that the first Christians preached not any other thing then obedience that they yeilded to the Emperours To this againe the maynteyners of the affirmatiue part answere many thinges For first they say that the Church not hauing absolued the Christians of the Oath of fidelity by thē made to the Pagan Emperours all the Christians in particuler were bound euen in conscience to obey them and pray to God for the safety and prosperity of their Empire And as touching the cause for which the Church did not take away the spirituall obligation the Christians had to obey them they bring three reasons The first is For that it had beene ouer great imprudency and folly to irritate and incense the Pagan Emperours by such a declaration in a time when they were the Lordes of the whole world for that such an act could haue beene not only vnprofitable but also absolutly domageable pernicious to the Christians against whom to incense the Emperour at such time as they had all the forces and the world within their handes was not to succour or promote religion but to precipitate ouerthrow it cleane For it is not sufficient to say that the Church is bound to doe some thing because she may lawfully do it vnlesse she also can doe it with prudence and profit The second reason is For that there is great difference betweene the Pagan Emperours vnder whome the Church began to lay her first foundations and to take the first rootes and the Princes who should now fall into Heresy or into Apostacy from Christian religion and should become either Arians or Mahometans or Pagans For the Pagan Emperours who then were had not yet at that tyme done homage to Christ nor yielded
which this vertue hath shined and beene flourishing it is this in which we liue I will not speake of the glory of the Druides or ancient Sacrificers in whose handes the Gauls had put the execution of iustice with intent to make it sacred and venerable to the people by the quality of the persons that should exercise it I omit the care and zeale our Kinges did beare to the practise of Iustice themselues becomming ministers and distributers not only in their first and second race but likewise in the third To say nothing of the splendour of our Courtes of Parlament and in particuler of this great and high Parlament of Paris wherof the reputation hath beene such amongst forraine Princes that they themselues often made choyce of it for their iudge and arbitrator in causes of greatest importance It shall suffice me to affirme of our Nation that it hath euer beene so famous and florished in the exercise of this vertue that the very womē amongst the Gauls were hertofore esteemed better able to administer Iustice then the men of al other Prouinces For when Hannibal receaued and incorporated the Gauls in his Army in his passage to the Conqest of Italy it was agreed on that if at any tyme there should arise any difference betweene the two Nations if the Carthaginians were plaintifs the verdict should belong to the Tribunall of the Carthaginians resident in Spaine and if the Gauls found themselus agrieued the decision was referred to the Dames of France And therefore Gentlemen our Kinges hauing assigned the keeping and disposing of this precious treasure in the hands and custody of your Order it is not without cause that we honour and respect you not only as ministers and interpreters of Themis but as such her interpreters in the chiefest Tribunall she hath vpon earth And now Gentlemen this Themis this Dicas this ●lustice it selfe which teacheth you to render to euery one his due inspired you likewise from the first meeting of the States to render aboue al other thinges what you owe to God to his Religion and to his Ministers making you therby to imitate the example of those great Law-giuers and Sages the Romans your Predecessours who carried so great respect to Diuine thinges that although the Religion was false yet notwithstanding because in this false Religion they pretended as S. Augustine sayth to honour the true Deity it pleased the same God to recompence their zeale with temporall graces and benedictions wherby they raysed their Empire aboue the cloudes For then you gaue vs testimony by di●ers Embassages that you held vs for your parents as the Pastours and Directours of your soules and such as liued in continuall watchfulnes to render accompt of them to Almighty God For the which we haue of tentimes giuen you many and harty thankes But that which did most assure vs that you practised effectually what you gaue testimony of by wordes was the last occasion which presented it selfe For vpon the newes which was sent vnto vs of a certain article touching the security of Kinges intituled a Fund a mentall Law proposed resolued amongst your selues where there was matter of Religion mixt with interest of state you were contented to be perswaded by the learned and eloquent informations deliuered you in our names by the Archbishop of Aix and the Lord Bishop of Mumpelier to communicate the matter with vs and ioyntly to receaue our opinion therof For this cause Gentlemen the Ecclesiasticall assembly hath chosen sent me vnto you First to giue you thankes for the honour you pleased to do them heerin then to let you vnderstand their opinion concerning as wel the substance as circumstāces of your Article And they haue especially giuen me in charge aboue all other thinges to render you infinite thankes and prayse your zeale in prouiding so carefully for the security of the life and person of our Kinges withall protesting that they all conspire together with you in this thought and extraordinary feeling of yours and that from the bottome of their hartes and soules For they lament and shall neuer cease mourning with teares of bloud the tragicall and detestable Assassinats which haue wronged and defiled the memory of this age with two so horrible parricides and do find in themselues so much greater obligation to haue their hartes pierced with this grief by how much more they must acknowledge themselues tyed with strayter bandes then any other Orders to mayntayne and stand affected to the Sacred Person of our Kinges I meane not to enlarge my selfe for the present in telling you how God hath put into their handes the light of his word to lighten other orders and how the Clergie must march formost and direct others by doctrine and example in seruing well and faithfully those whome God hath placed ouer his people Only thus much out of meere humane considerations There is no profession so straitly bound in all fidelity and loyalty to our Princes as the state Ecclesiasticall For other states come to offices honours and dignities of the realme some of them as the Gentelmen Nobility at the dearest rate of all other with losse of their bloud and perill of their liues others besides their merit by contribution of some part of their goodes and commodities But as for vs we atteyne them by the only grace and fauour of our Kinges without hazard or imployment of ought either of life goods or honours Neither by any other meanes beeing as we are naked and vnarmed can we enioy our quiet or commodities but vnder the shaddow of the peaceable and prosperous affaires of the King being otherwise exposed as a prey to all sortes of wronges and outrages And therefore what man of sound iudgment can liue in doubt but that we haue more interest then any other in his conseruation in whose life as within some fatall brand all our liues and fortunes are comprized Wee therefore alike ioyne issue with you in this your zeale and feruency of passion and do alike condemne nay more if possible may be the perfidious butchery of those monsters which dare aduenture on Sacred personages of Kinges But with all desiring you to enter into consideration that as the only lawes sufficient to restaine those who set at naught their liues are the Ecclesiasticall which curbe those spirits that contemne death with the apprehension of those paynes after death So must we carefully take heed not to insert any thing into those lawes but that which is held for certaine and vndoubted by the whole Church for feare of disabling the authority of that which is certaine infallible by mixture of that which is doubtfull and in contention For experience hath taught vs too well that humane lawes only and apprehension of temporall punishment can neuer serue for sufficient remedy to such euills as proceed from a peruerse and corrupted imagination of Religion We must haue therefore lawes of conscience such as work on our soules and keep
Religious then his owne he is inseparable indiuisible from the vnion and amity of the Sea Apostolike doth seeke by all manner of reasons both spirituall and temporall to manteyne it In the person of Elizabeth Queene of England the interests of Estate fought against those of conscience and bound her to continue seuered from the communion of the Pope But all the interests aswell of State as of Religion bind the gratitude of our King to conserue himselfe in intelligence correspondence vnion and amity with the Pope he is besides the Titles his predecessors haue gained him a child of the Sea Apostolique in many sortes Pope Clement the Eight receaued the deceased King Henry the Great his Father into the Churches bosome and lappe he resolued and established his mariage with the most Christian Queene Mary de Medices to whose prudence vertue and bountie we owe the prosperity of our new raigne and the memory of whose most happy Regencie al the ages of posterity will extoll and blesse Out of this Mariage is come the Sacred bud of our Lillyes which Salomon did not match with all his glory I meane the King who now raigneth Pope Paul who sitteth at this day in the Sea of Peter was his good Father and as his second Father hath imployed himselfe by all manner of cares and good offices to procure before God and before Men the conseruation of his person and of his Realme And wherefore then should we desturbe or trouble this concord by Lawes not only of State but also of Religion and of conscience which our Fathers haue not knowne Cast your eyes vpon the histories of France and you shall finde that allwayes when our Kinges haue beene in vnion concord and correspondence with the Sea Apostolike and that the Spouse to vse the termes of Scripture hath fed among the lillies all sortes of graces and benedictions temporall and spirituall haue rayned and come downe vpon them and their people you shall find that as when the Arke of Couenant stayed and continued in the house of Obededom there was not any kind of felicity wanting euen so as long as the Communion of the Sea Apostolique hath beene amongst vs that we haue had the assistāce of the Vicar of him who is the true Arke of Couenant we haue had our share in al sortes of prosperities the name of Frenchmē hath dispersed it self from one end of the world to the other and our Lillyes haue extended and reached themselues to the furthest remote corners of the earth Contrariwise at what time our Kinges were seuered from the communion of the Sea Apostolique the Lillies hath beene amidst the thornes and all sortes of afflictions and of aduersities haue besieged vs. Renew within your selues the memory of those thinges and therehence drawe consequences for the tyme to come Remember how many calamities and miseries we haue suffred in tyme of Schismes or apprehensiō of Schismes how many Churches ruyned how many Altars pulled downe how many Cittie 's saccaged and spoyled Represent to your eies the State of your passed life the tyme that our deceased King was depriued of the Communion of the Apostolique Sea and with how many vowes and teares both he and you haue desired his restitution But aboue all lay againe before your eies the state of the life to come from which the authors and fauourers of Schisme be excluded and whereunto none can possibly come if he be not placed not only in the faith but also in the vnity and in the communion of the Catholike Church FINIS