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
of Paris and certaine Officers of the Long Robe belonging to the King as Treasurers Receauers and such like who commonly beeing the chiefest men of their Parish are wont with such case to procure themselues to be chosen deputies as an English Gentleman of meanes and credit can make himselfe in like case be made a Burgesse By this meanes there were very few places in the Third Chamber which were filled by Freeholders or substantiall Merchants of those Citties and Prouinces and therefore no meruayle if vnder the name of the Commons of France who are perhaps of the most pious men of that Kingdome and whereof there was in this Assembly of Estates no more in effect but the name this wicked proposition of a profane Oath did come to light beeing conceaued partly by the Kinges Officers who crept into those places expresly against the Lawes of France and who make no scruple to flatter their King with faire words vpon condition they may the more securely robbe him by other meanes and partly by certaine other Lawyers as hath beene said who vse to be wel content to deliuer the King from all Tribunalls but their owne and are generally the greatest Libertines both in vnderstanding and will that perhaps the Christian world is acquainted with This action therefore of the Third Estate being thus miscompounded need not make our Aduersaries more insolent then they were before but much rather ought they to retract their former actions vpon a due consideration of the proceeding which was held in this busines by the Clergy and Nobility of France of whome it cannot be pretended but that they would gladly haue graunted to their King whatsoeuer they could in conscience The Clergy I say of France which dependeth more vpon those Kinges by the exemptions of sundry Popes then any Catholike Clergy doth in Christendome and the Nobility of France which enioyeth not only more accesse other priuileges but draweth more money in specie by way of pensioÌ„ from their King without obligation to any particuler residence or seruice then any Nobility doth in Christendome whether it be Catholike or other wherin I will not except Spayne for I know I need not And when I should say that the French King diâ—burseth yearly not much lesse by way of pensioÌ„ to his subiects of the Nobility then the King of England receaueth yearâ—y to his purse all manner of wayes I should not be the Authour of a Paaadoxe for the suÌ„me ariueth in sight besides that which is vnknown to vpon the point of six hundred thousand poundes per annum The Oration it self doth follow at the end of this Preface and therefore I enter not vpon the perticulers thereof only the Reader when he hath perused it may be pleased to remember two thinges in generall conteyned therein One that the Oath is such as that they of the French Clergie and Nobility will rather die then take it the other that there was neuer any French writer since the faculty of Diuinity hath beene taught in the Schooles of France not excepting euen such as were the most earnest vpholders of Regal authority were required by the Kinges of their tymes to defend the same by publique writing who affirmeth Kinges to be indeposable by Popes in al cases And wheÌ„soeuer any of them haue debated the point of the Absolution which subiectes may haue from the Oath of Allegiance to their Prince the cases of the Princes Heresy Apostasy are alwayes excepted that is to say in such cases the subiects of a King acording to the iudgmeÌ„t of all Catholike French writers may be absolued from the Oath of their Allegiance I tie not my self to the wordes but the substance of these two propositions is cleerely deliuered by the Cardinall in the name of the Clergy of France which so long as the Reader shall keep in mind it will make him if he be a discreet Protestant discerne with ease how falsly his Ministers haue laid certaine seditious opinions to the charge of vs English Catholikes and such say they as are not belieued by the Catholike Countries ioyning to vs. If he chaunce to be a Precisian he will haue reason to take compassion of vs Catholikes whome he findes to agree in this with himselfe and all the Calumists in the world that Kings may for some hideous crymes desâ—rue to fall from their Royalty though there be this difference betweene vs that we hold the common Father of all true Christians to be the fittest Iudge of such high quarrells as fall out betweene his children wherin also he is directed by the Canons and inuiolable Customes of the Church in what sort and by what degrees he must proceed but they hold that Kinges are subiect to a kinde of popular iudgment which is so much the likelier to be corrupt as it is vsuall for the people whome they make the Iudge to be a party If he be a faint Catholike who hath brought his conscience to take the Oath of England and to run dauncing round the may-pole of humane respectes it will make him returne to the good company which in that point he hath left and fetch the bloud into his face when he considers that he beeing an English Catholike who was wont to haue the honour to be so entire in the confession of his faith hath need to be put in mind of his duty by an action performed in France where leuity and liberty are ordinarily so much in vse If lastly he he a sincere and loyal Catholike who doth choose rather to starue then to strayne his conscience and consequently resolueth to be far inough from taking the English Oath he may giue God humble thankes for his infinite mercy who besides the promise of future rewardes for these present sufferinges and the testimony of a good conscience which euen in this life is so great a Iewell as both the Indies cannot buy hath vouchsafed to iustify him in point of spirituall reputation by the testimony of that Nation whose syncerity was called most in question and whose example hath been heretofore so impudently though without controle alleadged against him and vs. And though if we were sure that our persecution were to continue as long as the world yet we should know withall that there is no proportion betwene the longest tyme and eternity and that the sufferings of this life though neuer so grieuous are infinitly vnworthy of that glory which is prepared for such as keepe the Depositum of Catholike Faith vndiminisht But we are taught not only by the experience of former tymes which tells vs of the periode of great persecutions euen then when there seemed to be least humane hope therof but also by that which we may haue obserued by the passages of the late action of the Estates in France how able God Almighty is to make his greatest enemies the liueliest instruments of his glory in despight of their owne wicked hartes and to make their endeauours which ayme at
the dishonoring and abusing of his Church to giue the greatest contribution that could be wished to the Dignity and Maiesty of the same Who knowes not that the holding of these Estates in France was pursued only in effect by certaine irreuerent semi-Catholikes who loue nothing lesse then the splendour and vigour of Ecclesiasticall discipline and â—urisdiction Who knowes not that as soone as the said Estates were opened that rotten member which tooke the name of the Third Estate discouered that Canker which hath been feeding gredily vpon it especially since the introduction of heresy into that Kingdome by plodding vpon some course how to make an Idâ—ll of the temporall power of Kinges in respect of the reuerence due to Popes and so far to abuse the authority of the Apostolike Sea as that they would redoubt it no more then a meere Scarcrow or Chymera And yet we see God hath fetcht the Treacle of which I haue spoken from the poyson that grew in the festred bowells of his Enemies for if that French Oath had not been propounded by those Lawyers the contrary doctrine and beliefe of the Church of France had not beene protested by those Prelates Shall the prouidence therefore of God be able to watch so fruitfully ouer the Catholike Church of France and shall the narrow seas be broad inough to keepe him from shewing his power in England to our comfort and the confusion of such as either know him not or care not for him nay rather let vs learne by this that when our persecuting Ministers do most conspire our ruine then shall we be surest of Gods present help when the graue shal be finished wherin they hope to bury vs aliue incident in foueam quam fecerunt it is then that they are likeliest to die in the same ditch which they made for vs. Courage therfore is that which we are to beg at the hands of God who knowes not how to forsake but such as confide not in him It was said long ago by one who had no supernaturall â—ssistance wherby his crosses were to be asswaged Si longus leuis si magnus breuis but we haue infinitly more reason to assure our selues then he that if our persecution linger on it wil be lightned if it increase it wil be shortned Nor ought we be without hope but that it may be both short and light when his Maiestyes Excellent Iudgment shall haue obserued which in all likelihood he hâ—th already done by he ensâ—ing Oration and other bookes that his Catholiâ—e subiects hoâ—d no other opinions in fauour of the Sea Apostolike but such as are common to those Cathoâ—iâ—es that are accounted euen the most remisse iâ— Europe That there is no Protestant Church which hath declared this proposition to be true That a King can neuer be deposed by any authority vnder heauen nor his subiects be absolued from the Oath of Allegiance which once they made for any incorrigible crimes whatsoeuer That on the other side rebellions of sâ—biects against their naturall Princes haue growne familia since â—rotestancy brake loose and haue been as it were haâ—cht by that sect in England Scotland Holland Sweueland Germany Switzerland Geneua and most often in France wherof truâ— histories makâ— particuâ—e mention And 〈◊〉 that should not be able to read or vnderstanâ— a booke might see the matter verified euen at this instant in the Kingdome of France where the Prince Protestant of them all is vexing his King by all the power he hath either of credit or other meanes hauing drawne to his lure many others of both Religions That since his Maiesty hath beene ill counselled and vâ—ged by Ministers amongst all whome there hath nâ—uer yet beene any one good man of State he hath gotten nothing lesse then that they aymed at which was That Regall Authority now that it is imployed in their defence should be as superstitiously adored as in Queene Maries dayes both of England and Scotland when their religion receaued a check it was irreligiously decried and disgraced For now insteed of being held a kind of Diuinity vpon earth which notion mens mindes were fitter for before they were opened by such Oathes they are growne to lookeâ— abroad vpon that light which they were wont to be afraid would dazell their eies and at last are come so neere vnto it as that they touch and handle it by the discourse of reason and experience which tells them that Kingly Authority cannot come immediatly from God to any man but by miracle That all the Kinges whome we know do either rule by force of conquest and in that case the authority of the CommoÌ„ wealth if it be vsurped may be resumed or by Donation Election Marriage or Succession of bloud in which cases Kings forfait by not performing the conditions vnder which either they or their first auncestors did enter whether they were expressed or necessarily implied Necessarily I say implied for supposing that a people who was without question the first owner of supreme authority vpon earth should cause a King to gouerne them without obliging him in particuler to do this or that it were a Barbarous conceipt to thinke that it were in his law full power to Tyrannize ouer them at his pleasure without hauing respect either to their defence in time of warre or the administration of Iustice in tyme of peace for which only respectes they made him King If this discourse be true in case of Kinges euen by the Law of Nature and of Nations how much more shall it be so amongst Christian Kinges who in their Baptisme do their homage to the Faith of Christ and at their Coronations do sweare the mayntenance of Religion and Iustice which are the conditions expressed whereupon the progenitours of the most absolute Christian Kinges were placed in their Royall Throne These thinges I say are growne into the consideration of men and strikes the reasonable part of their soules with such an euidence and demonstration of truth as no formulary of an Oath though perhaps for feare or fashion sake they may chance to accept therof will euer be able to wipe out Some questions there may be betweene men of different Religions as hath beene toucht to whom the iudgment ouer Kings for their offences may belong some holding that this Iurisdiction resides in the Church some in the Common Wealth some in both together and some others other seuerall opinions which are not so much worth the specifying but all the Christian Congregations of all Religions in the world do agree in this that all Kinges for hideous crimes may fall from their dignity and their subiectes may be absolued from their Oath of fidelity Nay I haue not heard euen in England where our Oath of Allegiance was enacted nor in France where the like was offered that when the generall propositions which were conteyned in both the formularies were well deduced into particulers men would be drawne to subscribe and sweare thereto otherwise then forced by feare
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. adâ— an 1215. Magdeburg Cent. â—â— cap. 9. de Synod who were there present some in person as the Pope and the Patriarkes of Constantinople and of Hierusalem and the other by their legates as those of Alexandria and of Antioch there were seauenty Archbishops 412. Bishops and more then 800. Prelates and more then this all the Monarches and Kinges of Christendome were there assistant eyther by themselues or by their Ambassadours and the Emperour of the Fast the Emperour of the West the King of Hierusalem the King of France the King of England the King of Arragon the King of Castile and others When the Councell I say intended to prouide for the extirpation and rooting out of the Reliques of the Albigenses it ordeyned that the Princes who should become contemners of the Councell that condemned the Albigenses should be depriued of the obligation of their subiectes fidelity towardes them And this I remember not for an example to disturbe or trouble the publique peace and tranquillity sith the Heretikes be in so great a number as they make a notable part of the body of the Estate but to shew that we cannot hold that for hereticall which was pronounced and decreed 400. yeares since by the mouth of the Vniuersall Church For as touching them who for the frustrating of this decree do alleage and cite (a) Plat. in vita Innocen 3. what Platina and after him the (b) Suppl Chron. l. 13. ad an 1215. Supplement of the Chronicles affirme that the Councell proposed many thinges but resolued nothing they are more worthy of pitty then answere For who sees not that those Authors there speake of the preparatiues of the army for the warre of the holy Land and not of matters of Doctrine or Ecclesiasticall discipline Otherwise a man should impugne as false that therin was resolued the Article of Transubstantiation the Article of the Procession of the holy Ghost of the Father and of the Sonne the precept of annuall Confession to all the faithfull the condemnation of the errours of the Abbot Ioachim together with all the writinges of the Schoole Doctours alleaging these things the practise of all the Iurisdictions of France followed in the searching and finding out of heretikes We should impugne of falsity the Decretals of Gregory the ninth (c) Decret Gregor l. 5. tit 7. de haeret c. 13. Excommunicamus compiled twelue yeares after the Councell of Laterane where that decree is repeated at length vnder the title of the Councell of Laterane the writings of Matthew Paris (d) Math. Parisanâ—e ad ann 1215. a Writer of the same age and a great enemie of the Popes who sayth that the Councell of Laterane made 60. you must reade 70. Decrees the Bul of Pope Clement the 5. in fauour of King Philip the Fayre who returned the readers to the decrees of the Laterane Councell the Centuriators also (a) Acta inter Bonif. 8. Philip Pulch. who inserted all the 70. Articles of the Laterane Councell into their Centuries Finally we should impugne of falsity the coniunction of the County of Tholouse to the Crowne which was founded vpon that Councells Decree and the reasons and declarations of the Court of Parlament to King Lewis the Eleuenth touching the extinguishing of that pragmaticall Sanction or Decree where the Court prayeth the King to order the Elections according to the Councell of Laterane in these wordes In the Councell of Laterâ—ne saith the Court which (b) Refertur à Biblioth lib. 4. decret Eccl. Gall. was assembled held at Rome by Pope Innocentius the third in the yeare 1215. where were assistant and present 1333. Prelates there was prescribed a certaine forme of Election and thereunto was annexed that in case of the Electors negligence the right and power of prouision for the Church should fall to the Superiour Prelate Cap. (c) Cone Lateran c. 24. Quia propter Cap. (d) Ibid. 〈◊〉 23. Ne pro defectu But I haue made to far a digression let vs returne to our Historie Wherefore when the Generall Councell of Lateran which represented all the Christian Common wealth both spirituall and temporall meant to prouide for the extinguishing of the reliques of the Albigensian heresy it conceaued made and published this (e) Conc. Later c. 3. Canon If any Prince neglect in his landes and territories to extirpate the heresy of the Albigenses let him be excoÌ„municated by the Archbishop of the Prouince And if he continue obstinate let it within the space of one yeare be signified to the Pope that he may absolue his subiects from their Oath of fidelity And when Pope Innocentius the 4. did at the Councell of Lions absolue the Subiectes of the Emperour Frederike from the fidelity they owed vnto him I dispute not now whether iustly or vniustly for so much as my scope drift and intention is not but to shew how the Kinges of France haue in such occasions carried themselues the King S. Lewis took vpon him the protecting of the Popes cause against the Emperour The King of France saith Paulus (a) Paul Aemil. in vita S. Ludouici Aemilius being come to Lions by zeale of office of Religion for the assisting of Innocentius and hauing made a protestation that both himself his forces and the Counsel of his Realme were ready to maynteyne defend the power and authority of his Holines added strength and dignity to Innocentius his cause And euen those who to make the Pope the king S. Lewis odious write that the Pope offered to cause Robert Count of Artois the Kinges brother to be elected chosen in place of Frederike but that the Barons of France refused it add that the Barons themselues protested that the Emperour could not be deposed if he erred not in faith You shall heare the Barons wordes be they true or be they faigned deliuered after many inuectiues against the Pope by Matthew Paris an Englishman (b) Matth. Paris in Hen. 3. ad an 1239. who fauoured the Emperour was the Popes heauy enemie and taken out of him by Vignier (c) Vignier en la 3. p. de la Biblioth hist Pan. 1239. who yeilded not a whit vnto him in that behalfe And thus he sayth But to the end we may not seeme to contemne the Popes commandement though it be euident that it came from the Church of Rome more vpon hatred to the Emperour then for a loue to our Nation we will send men of prudence on
better witnesses then the English writers (a) VVidrington Apol. pro Iur. Prine who haue put their hand to pen for the defence of the Oath made by the present King of England against the Pope For hauing vsed all their endeuour to find some doctours in particuler French who had held their opinion before these last troubles they could hitherto bring forth neuer any one neither Diuine nor Lawyer who saith that in case of Heresie or Apostacie from Christian religioÌ„ the subiects could not be absolued from the Oath of Allegiance On the contrary the French men whome they haue cited as Iohn of Paris (b) supra pag. 47. Iohn Maior (c) Io. Maior in 4. sent dist 24. Iames Almain (d) Io. Alma supra pag. 48. Peter Gregory (e) Petrus Greg. supra pag. 52. alwaies except the cases of Heresie or of Apostacy from Christian religion And as for Strangers and Forrayners as Occham (f) Occ. supra pag 47. Antony de Rossellis (g) Ant. de Rossell Monarch part r. c. 56 and Vulturnus (h) Vultur lib. de Reg. mundi they affirme the same For as touching Marsile of Padua they were not so hardy as to alleage him for so much as he is well knowne for an heretike by the vniforme consent of all Catholiques as hauing denied that the Pope was head of the Church iure diuino and S. Peters Successour which the Councell of Constance (i) Concil Costant sess 8. in condem art VVicaf bindeth to beleeue as an Article of faith and vnder payne of Anathema In so much as for this very cause the Emperour Charles the Fifth caused his bookes to be burned publiquely Moreouer they durst not alleage the Epistle of the Chapter of Liege against Pope Pascalis during the contentions of the Popes and of the Emperour Henry the 4. First for that the Bishop of Liege vnder whome it was written was the Emperours Chaplaine and one of his faction (a) Vâ—sperg in Chron. very passionate against the Pope as hauing beene created Bishop by the Emperour by the Anti-pope Secondly for that at what time it was writteÌ„ the Emperour resided actually in Liege (b) Ibid. Thirdly for that the Chapter of Liege hath since (c) Ibid. abrogated it razed it out by the pardon they craued of the Pope for hauing taken part with the Emperour And fourthly that the same Emperour doth recall it when he wrote to Pope Gregory the seauenth the third Pope after Paschalis saying (d) Inter Epist Hen. â— Protest edit That it was the tradition of the Fathers that he could not be deposed if he erred not in faith Which Cusanus (e) Cusan l. 3. concord Cath. c. 7. the Imperialist writing for the CouÌ„cell of Basil against the Pope hath since auowued and auerred in these words If the Pope finde that he who hath beene chosen Emperour erreth in faith he may declare him not to be Emperour They well alleage indeed Sigebert (f) Sigeb in chro anno 1088. who saith that it was a nouelty not to say heresy to teach the people that they did not owe any subiection to bad Kinges But besides that this Sigebert was a man no lesse passionate for the part of the Emperour then was the Bishop of Liege what he sayth doth not any way touch the case brought by the exception which is of Kinges Heretikes or Infidells Now if those who haue of set purpose laboured in fauour of the Oath of England (g) VVidring in Apol pro iur Princ. to finde out authors who haue affirmed that in case of Heresy or of Infidelity the subiectes could not be absolued from the obligation that they owe to their Princes could not finde out any one And if those who haue since written of the same subiect in France could neuer finde out in all France since the time that Schools of Diuinity haue beene instituted and set open til this day one only Doctour neither Diuine nor Lawyer nor Decree nor Councell nor determination nor Act of Parlament nor Magistrate either Ecclesiastique or Politique who hath said that in case of heresie or of infidelity the subiectes cannot be absolued from the oath of fidelity they owe to their Princes On the contrary if all those who haue written for the defence of the temporall power of Kinges against Popes haue euer excepted the case of heresy and of apostacy from Christian Religion how is it that they can without inforcing of coÌ„sciences not only make men to receaue this doctrine (a) Artic. of the third Estate that in no case the subiects can be absolued from the oath of Allegiance they owe to their Princes for a perpetuall and vniuersall doctrine of the French Church But also to cause all the Bishops Abbots and other Ecclesiasticall persons to sweare it as Doctrine of faith and to condemne the contrary as impious peruerse and detestable And how can we endure a propositioÌ„ to passe for a Fundamentall Law of the Estate of France which came to light was borne in France more then an eleauen hundred yeares since the State of it was founded And when there shal be found as many persons who shall haue followed it in France as there be found who haue followed the contrary what shall they be able to inferre more other nations contradicting then to hold it for problematique in matter of faith and not to cause men to take and sweare it as conforme to Gods word and necessary to saluation and to abuse the other as contrary to the word of God impious peruerse detestable But this is inough for this point Let vs passe to others and endeuour to handle them all in as full worthy maÌ„ner as this Audience doth deserue THE SECOND INCONVENIENCE that I haue bound my self to shew in this Fundamentall PropositioÌ„ is that not only it giueth vnto Lay persons power authority to iudge of thinges of Religion and to decide the doctrine that it contayneth to be conformable to the word of God and the contrary to be impious peruerse and detestable But also it giueth these men authority to impose a necessity vpon the Ecclesiastical persons to sweare preach and teach the one and by Sermons and writinges to impugne the other And who seeth not that this is to make the Church like vnto that woman of whome S. Epiphanius speaketh (a) Epiph. hares 59. quae est Cathar who did put her head-tyre vpon her feete and her shoes vpon her head which is as much to say as to commit the commaund and authority of the Church to the parties that should obey and to put obedience vpon the parties whose office it is to commaund And what is this but to open a gate to all heresy What is it but to turne vpside downe to ouerthrow the Churches authority What is it but to tread vnder foote the respect of Iesus Christ and of his ministery To be short
endureth for the good of the Churches peace that the French-men that is to say some of them hold maynteyne in this point Doctrine contrary to his owne and to that of all the rest of the Church so they hold it only as problematicall in matter of faith that is to say that they propose it not as necessary to be held with that necessity which is of faith and declare not the other to be contrary to Gods word impious and detestable And though in the cases before specified there be ten Countries against but a parte of one an hundred Doctours against one ten Councells against none yet whether it be that these Councells do not therin expresse their intention by forme of decision of faith but by forme manner of supposition or for some other causes he is contented to hold the Doctrine contayned in them for true without binding vs to hold it for necessary as matter of faith he is contented to hold the contrary opinion for erroneous without binding vs to hold it for Hereticall and not to excommunicate them as Heretikes that hold it And wherefore then should wee now go about to breake the Churches communion to deuide the vnity of Christes body by turning into matter of fayth a doctrine which doth not only make the remedies which they would bring for the security of Kinges vnprofitable but further maketh them pernicious both to their persons and to their Kingdome There is no tyme wherin schismes be not most domageable and preiudiciall to religion and to State but they be most of all ruinous and pernicious to the one and the other when the tymes be already infected with heresy For as the Phisitians say that in the tyme of pestilence all sortes of feuers end in the plague so in the tyme of Heresy all schismes haue their ending in Heresy And therefore Heresie hauing now at this day so great part in France if we proceed to bring in a schisme among Catholikes who doubteth but that the fruite of this diuision will be the enfeebling and weakning of the Church and the strengthning of Heresy And if Heresy euen when she is weakest hath so much ado to keep herselfe quick how will she continue in peace when she shall once come to an equality And if we breake it how shall she be able to disturbe the peace of Religion without troubling therewithall the Kinge and the State also It is certayne Gentlemen the scope and intention of them that first moued this stone of scandall was not to prouide for the security of the State and the person of our Kinges Their drift and intention was to cast the seedes of diuision in the Church of France and to assay either to separate it from the other partes of the Church or to deuide it within it self I say not this to taxe you I honour you all as persons of singular wisedome and merit and most affected to the Catholike Religion But I know you are not the first authors and inuentors of this Article I know that it hath beene craftily thrust into some of your seates It is not long tyme since they haue menaced and threatned vs with this apple of discord These be those that be already seuered from vs and haue by this meanes thought to sow some sparcles of diuision amongst vs and for this end they haue serued themselues of men who carry the name of Catholikes and more then that of Ecclesiasticall persons and for the vndermining beguiling of the ingenuity good disposition and simplicity of others vnder the title of seruice to the King The pretext they haue taken is fayre it is specious it is ouer shadowed with the name of the King but vnder this couer is hiden schisme and the designe of making a diuision in the Church These be the Vlissesses fighting vnder Achilles his buckler When Iulian the Apostata meant to draw the Christians to the adoration of the false Gods he caused the Idolls of Iupiter Venus and Mercury to be intermixed and put in company with his owne pictures to the end that when they should present his owne Images to the Christians to adore as it was the custome then for the people to adore the Images of their Emperour the Christians either refusing to do it should be accused of high treason as hauing refused to adore the Emperours Image or in doing it be constreyned ioyntly with the Image of the Emperour to adore Idolls These men haue heere done the very same hauing intermedled in one and the same Article a decree of the securing of Kinges together with an introduction of schisme to the end that those who shal refuse this oath should put themselues in daunger either to be esteemed litle affectioned to the seruice of Kinges or to be thought culpable of schisme And therefore you must not suffer your selues to be beguiled by this first bayte It is of hony but yet of hony that hath beene made by drone bees that haue gone from one flower of hemlock to another that is to say by soules that haue tasted and sucked the venome of schisme Aristotle writeth that we must behold pleasures not before but behind not when they are comming but when they are gone past In like manner in this there be specious pretextes you must regard and behold them not by the face that is to say by the first sight but by the back that is by the sequele and successe This Oath resembleth Horace his Mōster which hath the head of a fayre and beautifull woman that is the pretence of the seruice and safety of Kings but it hath a fishes tayle that is the tayle of Schisme and of diuision in Religion And indeed it may well be said to haue a fishes tayle seeing it is come swymming by sea from England For it is the very same Oath of England sauing that of England is yet more sweete and more modest moderate I will not prosecute this point for feare to offend the most Renowned King of Great Britany I am setting aside religion his most humble and most affectionate seruant I do in a most high degree esteeme honour his learning his eminent morall vertues and his excellent naturall conditions and I find nothing to be desired by me in him that might expresse not a fayned Image made at pleasure as that of Cyrus by Xenophon but the true and reall image of a perfect and complete Prince the title of Catholike only excepted Hee hath bound in generall all men of learning vnto him hauing made the Muses to sit in his Royall throne and he hath obliged me in particuler for hauing pleased to take the paynes to enter with me into the listes of dispute of Diuinity not to do as did Alexāder who disdayned to enter into the Olympian race if he were not to run his course against Kinges I therefore touch not this string for feare of offending I know that holding the religion he doth he thinketh to do what
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