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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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excepting only a few hypocritical Ministers amongst vs or profane Lawyers amongst our neighbours But as God would haue it neither the Ministers in France are of that opinion for they professe the contrary nor yet the Lawyers of England if you put the case home to them for howsoeuer it costes them nothing to sweare that the Pope can neuer come to depose a King because he is a protestant it would trouble some of their consciences if they haue any to sweare that if an Vpper and Lower house of the English Parlament should condemne a King who might happen to be so great a Tyrant as that he would abrogate all the Statutes and Common Lawes of the Realme bring in by force a summary course of Iustice as is vsed in Switzerland confiscate all the Common Lawyers of England who are able to spend aboue a thousand poundes per annum and in a word dispose of their wiues and children as if they were his owne it would trouble them I say to sweare that such a King might not be deposed by the Houses of Parlament and that themselues could not be so far discharged from the Oath of Fidelity which they made to him when they were sworne Iustices of Peace as to make some personall resistance in their owne defence There is nothing more certaine then that many a man reades ouer the Oath of Allegiance and diuers take it who consider not the importance of those fearefull generall clauses which include and exclude all particuler cases of No Pope No King neither by his owne nor by any other Authority for any cause whatsoeuer can Depose or Absolue subiects c. And yet as I said before there are so many Protestantes who by occasion of this Oath haue entred so deeply into the consideration of Kingly Authority as it is euident to all such as freely and familiarly liue with Protestantes and vnderstand sincerely from them what they think that thousands of them are growne to a lesse adoring conceipt of Royall Dignity then they were wont to haue And though his Maiesty can hardly come to know the preiudice that he hath susteyned by yeilding to them who haue vnfitly sought to help him or rather to help themselues by propounding this Oath because he is a King and cannot equally conuerse with his subiectes nor can he from his seruantes expect but such newes as will be pleasing to him yet it may be hoped for at the Handes of so Excellent a Iudgment as his Maiesty is endued withall that he will one day fall vpon the true account of these businesses by other meanes and not cōtinue his Catholike Subtectes in his so ill conceipt for professing of that beliefe which is now in terminis auowed by the learned and noble Catholikes euen of France the contrary whereof is not auowed by any Protestant Church vpon earth if we chaunge the name of Pope into the name of Common wealth and the sequele whereof hath done nothing but disseruice to him I beseech God of his infinite mercy giue his Maiesty such light of mind wherby to discerne the distempered thoughts of his Ministers who are in such a rage against Catholikes and to vs that he will vouchsafe so much strength of mind as that whatsoeuer happeneth we may rather obey God then Man AN ADVERTISMENT TO THE READER translated out of the French THE Author of this Discourse vnderstanding that some had put in print two seuerall Speaches in his name far different both in sense and wordes from that which he by word of mouth deliuered he was constrayned to bring this to light as an Antidot or Countermaund to those other Neither did he much wonder to see such peeces of changeable colours clapt togeather some true some false according vnto euery ones passion without resemblance to the originall for he doth thinke that no pen could follow nor memory retayne two Speaches wherof the shortest lasted three houres although swiftly pronounced But he was much astonished at the liberty of this tyme that within Paris himselfe being present any should publish two Speaches in his name without acquainting him with it therby to vnderstand whither he would acknowledge them for his owne It is true indeed that he was not the only man who had byn so dealt withall for some other Prelates had lyn handled after the same manner and found as litle of theirs in those remnantes bestowed on them as Euphorbus in Pithagoras Now therefore it doth suffice him to present thee with that he pronounced in the Chamber of the Third Estate For that it was in a manner all one with that he made in the Chamber of the Nobility the reasens being the same and no difference at all but in the beginning conclusion and ornuments By reason wherof the publishing of the one might serue for a generall remedy of the suppositions of the other two As soone as he had therefore signified to the Gentlemen of the Third Order that being to speake in their presence he thought himself obliged to make the same prayer to God which Pericles was accustomed to do being to speake to the Athenians that nothing might passe from him vnbeseeming those that had imployed him neyther of those that were to heare him Psal 50. he directed his words to God saying with the Psalmist Domine labia men aperies and then began as followeth THE ORATION IT had byn to small purpose Noble Gentlemen to honour the dignity of those that make profession to minister Iustice It had byn to litle purpose that which Aristotle taught vs by saying that Iustice is beautifull and admirable like to the starre Lucifer and it had byn to as litle purpose to haue taught vs that in iustice all vertues are summarily conteyned And the answere of Agesdaus King of Sparta had byn vnto as litle purpose which he gaue vnto the King of Persia who tooke to himself the title of the great King that he could not be greater then himselfe valesse he could proue he were more iust And that fable of the Poets had byn to as litle purpose faigning Minos the Patron of iust Princes to haue byn the sonne of Iupiter and that Themis and Dicas were placed on either side of Iupiter if the Scripture did not teach vs that by iustice Kings do raigne if the Sonne of God had not chosen him who was to be his figure called him Melchisedech that is to say King of iustice and that the same Melchisedech whose name doth signify King of Iustice had not been also King of Salem that is King of peace to shew that of iustice dependeth peace which is the mother of all good in heauen and earth And seeing the oracles of diuine scripture agree in cōmendation of this vertue with the testimony of prophane authors it seemes in giuing her the first place of honour and dignity amongst humane vertues is to put in execution the will both of God and men Now Gentlemen if euer there were any Nation in
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
the King he was so gratious to the said Reymond by the treaty of peace as to restore it vnto him conditionally that it should returne to the said King if his said only daughter had not issue by Alphonse of France the Count of Poittou And when the same vniuersall Councell of Laterane which may worthily be called the most Vniuersal Councel for so much as besides the Pope and the foure Patriarkes of the East Matth. Paris in Ioan. ad● an 1215. Magdeburg Cent. ●● cap. 9. de Synod who were there present some in person as the Pope and the Patriarkes of Constantinople and of Hierusalem and the other by their legates as those of Alexandria and of Antioch there were seauenty Archbishops 412. Bishops and more then 800. Prelates and more then this all the Monarches and Kinges of Christendome were there assistant eyther by themselues or by their Ambassadours and the Emperour of the Fast the Emperour of the West the King of Hierusalem the King of France the King of England the King of Arragon the King of Castile and others When the Councell I say intended to prouide for the extirpation and rooting out of the Reliques of the Albigenses it ordeyned that the Princes who should become contemners of the Councell that condemned the Albigenses should be depriued of the obligation of their subiectes fidelity towardes them And this I remember not for an example to disturbe or trouble the publique peace and tranquillity sith the Heretikes be in so great a number as they make a notable part of the body of the Estate but to shew that we cannot hold that for hereticall which was pronounced and decreed 400. yeares since by the mouth of the Vniuersall Church For as touching them who for the frustrating of this decree do alleage and cite (a) Plat. in vita Innocen 3. what Platina and after him the (b) Suppl Chron. l. 13. ad an 1215. Supplement of the Chronicles affirme that the Councell proposed many thinges but resolued nothing they are more worthy of pitty then answere For who sees not that those Authors there speake of the preparatiues of the army for the warre of the holy Land and not of matters of Doctrine or Ecclesiasticall discipline Otherwise a man should impugne as false that therin was resolued the Article of Transubstantiation the Article of the Procession of the holy Ghost of the Father and of the Sonne the precept of annuall Confession to all the faithfull the condemnation of the errours of the Abbot Ioachim together with all the writinges of the Schoole Doctours alleaging these things the practise of all the Iurisdictions of France followed in the searching and finding out of heretikes We should impugne of falsity the Decretals of Gregory the ninth (c) Decret Gregor l. 5. tit 7. de haeret c. 13. Excommunicamus compiled twelue yeares after the Councell of Laterane where that decree is repeated at length vnder the title of the Councell of Laterane the writings of Matthew Paris (d) Math. Parisan●e ad ann 1215. a Writer of the same age and a great enemie of the Popes who sayth that the Councell of Laterane made 60. you must reade 70. Decrees the Bul of Pope Clement the 5. in fauour of King Philip the Fayre who returned the readers to the decrees of the Laterane Councell the Centuriators also (a) Acta inter Bonif. 8. Philip Pulch. who inserted all the 70. Articles of the Laterane Councell into their Centuries Finally we should impugne of falsity the coniunction of the County of Tholouse to the Crowne which was founded vpon that Councells Decree and the reasons and declarations of the Court of Parlament to King Lewis the Eleuenth touching the extinguishing of that pragmaticall Sanction or Decree where the Court prayeth the King to order the Elections according to the Councell of Laterane in these wordes In the Councell of Later●ne saith the Court which (b) Refertur à Biblioth lib. 4. decret Eccl. Gall. was assembled held at Rome by Pope Innocentius the third in the yeare 1215. where were assistant and present 1333. Prelates there was prescribed a certaine forme of Election and thereunto was annexed that in case of the Electors negligence the right and power of prouision for the Church should fall to the Superiour Prelate Cap. (c) Cone Lateran c. 24. Quia propter Cap. (d) Ibid. 〈◊〉 23. Ne pro defectu But I haue made to far a digression let vs returne to our Historie Wherefore when the Generall Councell of Lateran which represented all the Christian Common wealth both spirituall and temporall meant to prouide for the extinguishing of the reliques of the Albigensian heresy it conceaued made and published this (e) Conc. Later c. 3. Canon If any Prince neglect in his landes and territories to extirpate the heresy of the Albigenses let him be excōmunicated by the Archbishop of the Prouince And if he continue obstinate let it within the space of one yeare be signified to the Pope that he may absolue his subiects from their Oath of fidelity And when Pope Innocentius the 4. did at the Councell of Lions absolue the Subiectes of the Emperour Frederike from the fidelity they owed vnto him I dispute not now whether iustly or vniustly for so much as my scope drift and intention is not but to shew how the Kinges of France haue in such occasions carried themselues the King S. Lewis took vpon him the protecting of the Popes cause against the Emperour The King of France saith Paulus (a) Paul Aemil. in vita S. Ludouici Aemilius being come to Lions by zeale of office of Religion for the assisting of Innocentius and hauing made a protestation that both himself his forces and the Counsel of his Realme were ready to maynteyne defend the power and authority of his Holines added strength and dignity to Innocentius his cause And euen those who to make the Pope the king S. Lewis odious write that the Pope offered to cause Robert Count of Artois the Kinges brother to be elected chosen in place of Frederike but that the Barons of France refused it add that the Barons themselues protested that the Emperour could not be deposed if he erred not in faith You shall heare the Barons wordes be they true or be they faigned deliuered after many inuectiues against the Pope by Matthew Paris an Englishman (b) Matth. Paris in Hen. 3. ad an 1239. who fauoured the Emperour was the Popes heauy enemie and taken out of him by Vignier (c) Vignier en la 3. p. de la Biblioth hist Pan. 1239. who yeilded not a whit vnto him in that behalfe And thus he sayth But to the end we may not seeme to contemne the Popes commandement though it be euident that it came from the Church of Rome more vpon hatred to the Emperour then for a loue to our Nation we will send men of prudence on
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
AN ORATION MADE ON THE PART OF THE LORDES SPIRITVALL In the Chamber of the Third Estate or Communalty 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 Permissu Superiorum M.DC.XVI THE PREFACE OF THE Translatour to the Reader THOVGH worldly men whose soules are swallowed vp in sense be content to make their purse of gold their God by occasion wherof S. Paul thought good to say that couetousnes was no beter thē a kind of sacrifice to Idols yet such as are not wholy deafe to the voyce of reason may heare it protest that as man is compoūded of flesh spirit so his spirituall goods are incōparably superiour to the corporall and that riches are to be held of the meanest lowest ranke among all such benefits as God Almighty hath vouchsafed to mankind For as those thinges which men haue any colour to account their owne are eyther plenty of fortune health of body glory of reputation or lastly the soule it selfe so who is he that will not empty his purse to recouer his health or saue his life What man of worth will not despise his life to preserue his honour And who doubteth but that the respect of honour should yeild vnto the care which a man ought to haue of his soule Hereupon may be grounded amongst others two apparent truthes The one that for the soule a man is to despise all other things the other that except the soule there is nothing so deare as reputation Now if reputation be so precious for as much as concerns the morall man what accompt ought Christians to haue it in since scandals are often giuen and taken vpon the aboundance or defect thereof and sometimes vpon the credit of a few dependeth the saluation of very many The enemy of mankinde who knowes how true this is hath continually laboured to rob Gods seruantes of so great a Iewell yea and hath presumed to infame God himselfe beeing made man for vs sometimes tempting men to traduce him as a Coniurer sometimes as a Samaritane which did import a Schismatike and sometimes as a trayterous and seditious person The same stile he held with the Christians of the Primitiue Church and we English Catholikes of this age whose cause is the same with theirs haue lyen groaning long vnder the same burthen and felt with vnspeakable griefe though with vndaunted courage the poysoned arrowes of this kinde which he hath beene dayly shooting into our sides Those Aduersaries of our cause who beleeue in God but for fashion-sake at least conceaue that it importes not after what fashion he be serued think they do vs a fauour when they call vs fooles for exposing our selues to persecution vpon the differences of Catholike and protestant Religion Such Protestants as in good earnest belieue that Religiō which they professe are wont to traduce vs for superstitious and Idolatrous persons vnder the pretence of our doctrines which concerne the Reall presence and the reuerent vse which we make of Images But they who vse their Religion no more then for a seruant or rather slaue to their absurd reason of state and know well inough that if they should persecute vs vnder the only title of Heretikes they must be faine both to disclayme from the Society of al ancient Christians and should be forced to deserue the censure of sauage cruelty for presuming to condemne that faith to which their auncestours and ours were conuerted from Paganisme they I say are the men who giue out that we are not vniustly persecuted for our religion but iustly punished for our faction disobedience and treason For the painting ouer of which discourse how many industries haue beene vsed how many Iewels and Cupbordes of plate to forraine Princes Ambassadours haue beene presented how many crafty and cruell lawes haue beene at seuerall times procured enacted and lastly what a couple of daungerous and detestable Oathes vnder the authority of the aforesaid lawes haue with extreme rigour without distinction of sexe or age byn propounded exacted The first of these Oathes is that of the Kings Supremacy deuised heretofore by our Aduersaries for the making of all Catholikes expresse Traytours and executed for a while with great seuerity though afterwardes they grew halfe ashamed therof And the vse which it affoardes at this day is chiefly to distinguish such persons as adore the present state of thinges from others who are more indifferent and so we see it is ordinarily ministred but to such as either pretend to make Lawes by voice in Parlament or els to cary Office in the Common wealth or Church Alwaies that Oath serued rather to other endes then to make diuision or procure mutuall scandalls among English Catholikes since we all agree in the cleere detestation therof and for this later purpose the other Oath which is called of Allegiance was set on foot by the instigation of some Ministers immediatly after the powder-treason as if euery one that did refuse to take it were guilty of that prodigious plot Withall it was couched in such cunning and mysty termes as some Priestes yea euen since the Pope condemned it haue not beene ashamed to take it and more lay Catholikes haue beene led on by their bad example This action of theirs hath implied a kind of disloyalty in them that refused the same and the State hath not beene a little carefull to publish the brute therof both within and without the Realme to the extreme disaduantage and discomfort of all sincere and solide Catholikes There hath not beene a greater meanes towardes the strengthning of fowle aspersions vpon vs then the confidence which our Aduersaries the Ministers haue vsed in protesting that we English Catholikes who refuse the Oath are controlled by many great partes of Christendome euen Catholike where men would vndoubtedly say they haue taken such an Oath as this if they were required thereunto by their seuerall Princes In particuler the example of France hath beene euery day obtruded to vs as if the Catholike parte of that Kingdome were wholy of the English Protestant faith in this particuler● And although this vndertaking of theirs were knowne to be impudent and most vntrue by the industry of some English Catholikes who informed themselues of the Sorbon which is the Diuinity Schoole of Paris and found that it abhor'd the Oath yet partly by the confident asseuerations of our aduersaryes partly by the corrupt beliefe in that point which some one of the Ambassadours of that Countrey residing heretofore in England was faln to and the flattering discourse which for hope of reward he was wont to hold so it is that the ordinary sort of Protestants conceaued
better witnesses then the English writers (a) VVidrington Apol. pro Iur. Prine who haue put their hand to pen for the defence of the Oath made by the present King of England against the Pope For hauing vsed all their endeuour to find some doctours in particuler French who had held their opinion before these last troubles they could hitherto bring forth neuer any one neither Diuine nor Lawyer who saith that in case of Heresie or Apostacie from Christian religiō the subiects could not be absolued from the Oath of Allegiance On the contrary the French men whome they haue cited as Iohn of Paris (b) supra pag. 47. Iohn Maior (c) Io. Maior in 4. sent dist 24. Iames Almain (d) Io. Alma supra pag. 48. Peter Gregory (e) Petrus Greg. supra pag. 52. alwaies except the cases of Heresie or of Apostacy from Christian religion And as for Strangers and Forrayners as Occham (f) Occ. supra pag 47. Antony de Rossellis (g) Ant. de Rossell Monarch part r. c. 56 and Vulturnus (h) Vultur lib. de Reg. mundi they affirme the same For as touching Marsile of Padua they were not so hardy as to alleage him for so much as he is well knowne for an heretike by the vniforme consent of all Catholiques as hauing denied that the Pope was head of the Church iure diuino and S. Peters Successour which the Councell of Constance (i) Concil Costant sess 8. in condem art VVicaf bindeth to beleeue as an Article of faith and vnder payne of Anathema In so much as for this very cause the Emperour Charles the Fifth caused his bookes to be burned publiquely Moreouer they durst not alleage the Epistle of the Chapter of Liege against Pope Pascalis during the contentions of the Popes and of the Emperour Henry the 4. First for that the Bishop of Liege vnder whome it was written was the Emperours Chaplaine and one of his faction (a) V●sperg in Chron. very passionate against the Pope as hauing beene created Bishop by the Emperour by the Anti-pope Secondly for that at what time it was writtē the Emperour resided actually in Liege (b) Ibid. Thirdly for that the Chapter of Liege hath since (c) Ibid. abrogated it razed it out by the pardon they craued of the Pope for hauing taken part with the Emperour And fourthly that the same Emperour doth recall it when he wrote to Pope Gregory the seauenth the third Pope after Paschalis saying (d) Inter Epist Hen. ● Protest edit That it was the tradition of the Fathers that he could not be deposed if he erred not in faith Which Cusanus (e) Cusan l. 3. concord Cath. c. 7. the Imperialist writing for the Coūcell of Basil against the Pope hath since auowued and auerred in these words If the Pope finde that he who hath beene chosen Emperour erreth in faith he may declare him not to be Emperour They well alleage indeed Sigebert (f) Sigeb in chro anno 1088. who saith that it was a nouelty not to say heresy to teach the people that they did not owe any subiection to bad Kinges But besides that this Sigebert was a man no lesse passionate for the part of the Emperour then was the Bishop of Liege what he sayth doth not any way touch the case brought by the exception which is of Kinges Heretikes or Infidells Now if those who haue of set purpose laboured in fauour of the Oath of England (g) VVidring in Apol pro iur Princ. to finde out authors who haue affirmed that in case of Heresy or of Infidelity the subiectes could not be absolued from the obligation that they owe to their Princes could not finde out any one And if those who haue since written of the same subiect in France could neuer finde out in all France since the time that Schools of Diuinity haue beene instituted and set open til this day one only Doctour neither Diuine nor Lawyer nor Decree nor Councell nor determination nor Act of Parlament nor Magistrate either Ecclesiastique or Politique who hath said that in case of heresie or of infidelity the subiectes cannot be absolued from the oath of fidelity they owe to their Princes On the contrary if all those who haue written for the defence of the temporall power of Kinges against Popes haue euer excepted the case of heresy and of apostacy from Christian Religion how is it that they can without inforcing of cōsciences not only make men to receaue this doctrine (a) Artic. of the third Estate that in no case the subiects can be absolued from the oath of Allegiance they owe to their Princes for a perpetuall and vniuersall doctrine of the French Church But also to cause all the Bishops Abbots and other Ecclesiasticall persons to sweare it as Doctrine of faith and to condemne the contrary as impious peruerse and detestable And how can we endure a propositiō to passe for a Fundamentall Law of the Estate of France which came to light was borne in France more then an eleauen hundred yeares since the State of it was founded And when there shal be found as many persons who shall haue followed it in France as there be found who haue followed the contrary what shall they be able to inferre more other nations contradicting then to hold it for problematique in matter of faith and not to cause men to take and sweare it as conforme to Gods word and necessary to saluation and to abuse the other as contrary to the word of God impious peruerse detestable But this is inough for this point Let vs passe to others and endeuour to handle them all in as full worthy māner as this Audience doth deserue THE SECOND INCONVENIENCE that I haue bound my self to shew in this Fundamentall Propositiō is that not only it giueth vnto Lay persons power authority to iudge of thinges of Religion and to decide the doctrine that it contayneth to be conformable to the word of God and the contrary to be impious peruerse and detestable But also it giueth these men authority to impose a necessity vpon the Ecclesiastical persons to sweare preach and teach the one and by Sermons and writinges to impugne the other And who seeth not that this is to make the Church like vnto that woman of whome S. Epiphanius speaketh (a) Epiph. hares 59. quae est Cathar who did put her head-tyre vpon her feete and her shoes vpon her head which is as much to say as to commit the commaund and authority of the Church to the parties that should obey and to put obedience vpon the parties whose office it is to commaund And what is this but to open a gate to all heresy What is it but to turne vpside downe to ouerthrow the Churches authority What is it but to tread vnder foote the respect of Iesus Christ and of his ministery To be short
shall it be in vayne that the Apostle hath said Obey your Prelates Greg. Nazian orat de ser suis ad Iul. trib exeq and be subiect vnto them For they watch for your soules And shall that be said in vayne that S. Gregorie Nazianzene hath written You sheepe feed not your pastors And shall it be in vayne that Saul was accursed because he would vsurpe and take vpon him the authority of Priesthood And shall it be to no purpose that Oza was punished with suddaine death for hauing put his hand to the Arke And shall it be in vayne that Ozias was stroken with the leprosy because he would take the Censar in his hand But the tyme presseth me to get out of this point to dispatch the other two remaining with as much breuity as possibly I can THE THIRD INCONVENIENCE that I haue vndertaken to discouer and lay open to the eye in the examen of your article was that it did thrust vs into a manifest and ineuitable schisme For to say nothing of the declaration that his Holines hath already made of the Oath of England vpon the modell wherof this Article hath been formed and not to permit any hold to those who say that it should be the Pope who should be the authour of the Schisme and not we I say that though the Pope intermeddle not himselfe in our affaires the Schisme is all made the very houre that we accept and sweare this Article or Bill And that it is not the Pope but we that make it And to confirme it how can we sweare that the Pope and all the other parts of the Catholike Church hold a doctrine contrary to the word of God impious and detestable without making schisme and schisme not only against the Popes person but also against the Sea Apostolike and against all the rest of the body of the Church For if the foundation of the Communion Ecclesiastique be vnity in faith and in matters appertaining to saluation how can we belieue and sweare that the Pope and all the rest of the Church erre in faith and in matters belonging to saluation and hold a doctrine contrary to Gods word and impious and detestable and consequently Hereticall without separating our selues from Communion with them and subiecting them in as much as is in vs to a malediction and an Anathema and consequently to deuide the Church or rather separate our selues from the Church And how odious a thing schisme is to God and how much it is detested both of Angells and men we need not any more expresse testimony then that of holy Writ that teacheth vs that the earth opened it selfe vnder the Schismatikes and that they descended all liuing Num. 16. and aliue into hell The ground sayth Moyses brake in sunder vnder their feete and opening her mouth deuoured them with their Tabernacles and all their substance and they went downe quick into hell We need not a more expresse witnes then Great S. Euseb hist Eccl. lib. 6. cap. 45. Denis of Alexandria who wrote to Nouatian in these wordes It were meet in very deed rather to endure all things then to consent to the deuiding of Gods Church the Martyrdomes to which we expose our selues to hinder the dismembring of the Church being no lesse glorious then those which we suffer for the alsteyning from sacrificing vnto Idols We need not more expresse testimony then that which S. Cyprian bringeth That the stayne and spot of Schisme is not washed away by the bloud of Martyrdome De vnit Ecclesiae We need not a more manifest testimony then this of S. Chrysostome who sayth That those who deuide the Church of Christ Ad Eph. hom 11. merit no lesse punishment thent hose who pierced and deuided his owne body We need not a more expresse testimony then that of S. Augustine Aug. de bapt contra Donat. lib. 1. cap. 8. who affirmeth that the wound of schisme is more grieuous then that of Idolatry Those sayth he whome the Donatists heale of the wound 〈◊〉 Idolatry or of Infidelity they hurt and wound more grieuously with the wound of schisme Neither doth this Article only cast vs into an ineffable schisme but doth also precipitate vs into a manifest heresy necessarily obliging vs to confesse that the Catholike Church is perished and decayed on earth for many ages past For if they who imbrace the opposite Doctrine hold an opinion cotrary to Gods word impious and detestable the Pope hath not then for so many ages past beene Head of the Church and Christes vicar but an Heretike Antichrist and all the other partes of the Church haue not beene true partes of the Church but members of Antichrist And this being so where continued the Catholike Church In France alone And shall then the Part haue giuen a bill of diuorce to the whole Shall then that which an ancient Father cried out be accomplished I see that which cannot be done Author li. contra Fulgent inter ep Aug. tom 7. The Part of the Donatists hath ouercome the whole body A corner of Afrike hath excluded and thrust out the whole world What then shall become of the inheritance to whome God the Father said Aske of me and I will giue thee the Gentils for thine inheritance Psal 2. what then shall become of the title of Catholike by which S. Aug. cont ep Fundament Augustine professeth himself to haue beene most of all held and kept in the Church But how should it haue contiuued in France if this Article be true sith all the French Doctors haue for so many ages held the contrary in case of Heresie and of Apostacie from Christian Religion we should then also bid adiew to the Church of France that hath beene before our times and take vp the bodies of so many Doctours either French or those who haue written and taught in France as S. Thomas S. Bonauenture and others without number and burne their bones vpon the Altar as did Iosias burne and consume the bones of the false prophets And this done where should the Church haue beene In the desert of the Apocalyps And why then should we with so mayne force oppugne the inuisibilitie of the Heretikes Church Wherefore should we delay to yeald them the victorie and our armes and all For what greater trophies and signes of victory can we rayse and set vp for them then to auerre professe that the visible Kingdome of Christ should be perished cleane decayed through the world and that for so many hundred yeares past there hath beene neither temple of God nor spouse of Christ nor Church but that all hath beene the Kingdome of Antichrist the Synagoue of Sathan and the spouse of the Diuell And what stronger machines engines could they desire for the abolishing ouerthrowing of the Article of Transubstantiation that of Auricular Confession and other the like which were decided against the Albigenses and in few wordes for