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
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
Mahometisme or any other detestable in fidelity That then this Prince may be declared fallen from his right as culpable of felony towardes him to whome he hath made the oath of his Realme that is to Christ and his subiects may be absolued in cōscience both at the spirituall and Ecclesiasticall Tribunall from the oath of allegiance they haue made vnto him And that in this case it belongs to the authority of the Church resident either in her head the Pope or in her body a Councell to publish this declaration And not only all the other partes of the Catholike Church but likewise all the Doctors who liued in France from the first setting vp of schooles of Diuinity amongst them haue held the affirmatiue opinion that in the case of hereticall or infidell Princes and such as persecute Christianity or Catholike Religion their subiects may be absolued from their oath of allegiance By meanes wherof though the contrary doctrine were the truest yet notwithstanding all the other partes of the Church being against it you cannot hould it for more then problematical in matter of faith I call that doctrine problematicall in matter of faith which we are not bound to belieue by necessity of faith and the contradictory therof doth not binde them that belieue it with excommunication and disunion or separation from the community Otherwise you must acknowledge that the communion which you exercise with the other partes of the Church houlding the contrary doctrine yea euen that communion which you conserue with the memory of your predecessours was vnlawfull defiled with heresy and excommunication And indeed those who take vpon them to defend the doctrine of the English Oath which is the patterne of yours VVidring disput de Iuram fidel cap. 3. sect 19. defend it for no other then problematicall Our intention say they is not to affirme the other opinion as repugnant to faith or saluation it being defended and maynteined by so many so great Deuines whome God forbid we should go about to condemne of so great a cryme And therefore to include this clause vnder the same obligation of faith vnder that very degree of excommunication vnder the which we comprehend the condemnation of those which attempt the liues of Princes is to fall into foure manifest Inconueniences which our Chamber hath giuen me in charge to lay before your eies The first is to force mens soules and intangle their consciences in bidding them to belieue and sweare vnder payne of excommunication as doctrine of faith and conformable to the word of God a point of doctrine the contrary wherof is held by all the other partes of the Catholike Church and hath byn euer hitherunto by their owne predecessours The second inconuenience is vtterly to ouerthrow the authority of the Church and to open the gate to all sortes of heresies to giue scope to lay men without direction or warrant either of generall Councell or Ecclesiasticall sentence to vndertake the decision of matters of faith to determine pointes of Controuersy and to pronounce openly what is conformable to the Scripture what is impious and detestable This then we say is to vsurpe the office of Priesthood this is to stretch our hand to the Arke this is to take the Censar for Sacrifice In briefe this is to commit the selfe same outrages for which Gods maledictions haue iustly fallen long since on the vsurpers as wel priuate persons as Kings themselues The third Inconuenience is to throw vs head long into euident and ineuitable schisme For all other Catholike nations houlding this doctrine we cannot declare it to be contrary to holy Writ nor hould it for wicked and detestable but therewithal we must renounce the cōmuniō both of the head and other partes of the Church and therby confesse that the Church for so many ages hath not beene the Church of God but the Synagogue of Sathan not the spouse of Christ but the Diuells strumpet The fourth Inconuenience is not only to make frustrate the remedy which men seeke in this peril of Princes in weakning that which is held for certaine and vndoubted by ioyning it to a thing contradicted but withall insteed of assuring the life and estate of Princes to put in great daunger both the one and the other by meanes of wars and other mischances and disasters which ordinarily schisme drawes after it These are Gentlemen the foure pointes our Company haue giuen me in charge to represent vnto you which I will do my best to dispatch with all possible cleernes and facility if you please to heare me with the like patience you haue hitherto continued which I easily persuade my selfe you will if you set before your eies the importance of the matter I am heare to treate with you which is the greatest at this present in Christendome And besides consider that it is not my selfe whome you heare speake in this Controuersy For it is not I who speake in this cause but the whole body of the Ecclesiasticall Order and all that of the Nobility adioyned vnto it and which haue deputed these twelue Noble men taken from the twelue Gouernementes in the Realme of purpose to giue authority to my wordes with their presence and withall to giue testimony in this present occasion of the selfe same deuotion their predecessours haue euer borne the Church which they haue planted by their Armes and watered with their bloud in the furthest partes of the world And therfore I will no more enlarge my selfe in begging of you fauourable audience and attention only let me intreate you before I enter into the matter to giue me leaue to make these two protestations therby to preuent certaine calumniations The first that when I say those who hould the negatiue part cannot hould it for other then Problematicall I intend not to comprehend by the word Problematicall that which concernes the condemnation of those parricides who vndertake to kill Princes for this I hould for a point of faith and condemne the contrary opinion for hereticall and guilty of all sortes of excommunication and eternall punishment The other that it is contrary to my disposition and full sore against my will that I come to treate of these questions in such a time when our Country is newly come out of many differences and diuisions in State-matters and is yet full of debates in matters of Religion and haue refused this charge many times euen with teares knowing well how I was to imbarke my selfe in a sea full of rockes and perills and to how many harsh contradictions and calumniations I should expose my selfe But the publishing of Copyes of your Article the bruit wherof was spred farre and neere hath hindered vs from keeping it any longer secret and the wound once discouered the discharge of our Office bound vs to seeke a remedy NOvv then Gentlemen concerning the first Inconuenience to lay the foundation of my discourse not on pillars of gold as Pindarus said but on the firme pillars
the beginning of his Empire which continued but there yeares he called the Catholike Bishops home againe who had beene banished and sent into exile by Constantius his predecessour And in the end he had by fauours and his other carriage so gayned the souldiers of the Roman bands as they made almost all profession of Paganisme Whence it was that Iouian a Christian souldier being by them chosen after Iulian his death answered them that he would not commaund men who were not Christians For the answere which they made We are Christians was as much to say that all they made an outward profession of Paganisme to please Iulian yet in their heartes they continued still Christians By occasion whereof the feare of a greater ruine hauing hindered the Church from absoluing the Catholikes from the obligation of fidelity in behalfe of Iulian the Apostata they were still bound to do that which S. Austine sayth of them Aug in Psal 124. For the loue of the Emperour of Heauen they obeyed the Emperour of the Earth But some will say the Christians might well haue deposed the Emperour Valentinian for as much as they were the stronger in Millane when he would haue one of their Churches for the exercising of his Heresy therin It is true But to this the defendants of the affirmatiue part answere foure thinges The first that the memory of the Emperour Gratian his elder Brother and as it were Father and Tutor of the Emperour Valenâ—â—ar and slayne by Maximus the Tyrant and the most Catholike Prince and the greatest freind of S. Ambrose that euer was changed all the malice or euill that the Catholike people could haue had or carried towardes Valentinian into fauour and compassion and into a desire of assisting him for the reuenging of that murther and making away of his Brother The second is that Valentinian was yet so yong the sonne of so Catholike a Father as there was not any cause or ground to despaire of his conuersion which also followed within a while after and that with so great an Edification of the Church as S. Ambrose celebrateth him for one of the most Religious Emperours of his age The third that though in the beginning the people conteyned themselues within the simple boundes of petition gaue Valentinian to vnderstand We contend not O Emperour but we become Suppliantes vnto you yet when Valentinian had a meaning to proceed further the people held their owne resisted the Emperour and stood so resolute in the matter as he fearing a tumult and reuolt was constreyned to yeild vnto them Hence it is that they thought not that the commandment our Sauiour gaue to his disciples when they persecute in one Cittie to flie into another was an absolute perpetuall precept but rather a dispensation a permission accommodated to the tyme wherein the Christian people either were still vnder Pagan Emperours or had not yet the meanes to make resistance against persecutions by might and force The Fourth is that the Emperour Valentinian his owne souldiers thought not themselues so bound in way of fidelity vnto him as they belieued they could not be dispensed with when he should perseoute the Catholikes For when the tumult began to be hoat they caused it to be signified vnto him that if he would come vpon the Place he should come thither accompanied for as much as they would assist and help him if they sawe him conioyned and to take part with the Catholikes els they would put themselues in company with the troupes that held with Ambrose But the propugners of the negatiue part recurre to the Analogy of other practises of the Church say that for Heresie the owners are not depriued of their goodes and consequently much lesse Princes should be spoyled of their estates To this agayne the maynteyners of the affirmatiue part bring two answers The one is that in this our Realme Heretikes loose not their goodes and the cause is for that the execution of the lawes made against Heretikes is suspended for the conseruation of the publique peace and tranquillity But if there should creep forth some third sect in France should begin to growe and were not come to be so great and to make a notable part of the body of Estate as Arianisme or Nestorienisme it is questionles that the other two would â—udge them who should make such profession worthy to be depriued not only of their goodes but of their liues also For this is practised at Geneua where Caluin caused Seruetus to be burnt and it is the practise at this day in England where the Most Renowned moderne King of Great Britany punisheth the Arians with losse of goodes and of life The other answere is that there is a great difference between the power that owners haue ouer their goodes and that which Princes haue ouer their Estates For goodes are made for their Maisters and Princes contrariwise for their Estates neyther haue goods any soule nor can be compelled by force or by example or by perswasion of their Maisters to loose life euerlasting as subiectes may be by their Princes by meanes whereof the preiudice of the one doth not make any consequence for the other And if this question be no where found certainly decided neither by scripture nor by the decrees of the ancient Church nor by the Analogy of other Ecclesiasticall proceedinges how is it that lay persons will of their owne authority and without light and president of any generall Councell of any Oecumenicall Synod of any vniuersall Assembly of the Church yea against the greater part of the rest of the Church coÌ„uert this doctrine into an article of faith and make the Clergie to sweare it is conformable to Gods word cause them to abiure the other as a doctrine contrary to the word of God impious and detestable It is fiue and twenty yeares since those of your Order caried away by the tumult and trouble of the tyme laboured in the full Assemblie of Estates to establish one Fundamentall Law of Estate cleane contrary to that article of yours And now you propose another Fundamentall Law intituled of Estate and of Religion quite contrary to that former And will you not you but those by whose inspiration and aduise these clauses be crept into your Bill that the Laytie cause the Clergie to sweare it That the Laytie exact of the Clergie an Oath in matter of faith That the Laytie impose the Lawes of Religion vpon the men of the Church O reproach and shame Oscand all O gate set open to all sort of Heresies And shall our faith then be subiect to the varieties and inconstancy of the affections of the people who chaung euery fiue and twenty yeares And shall the flockes then be guides to their shepheardes Luc. 16. Hebr. 13. and Pastors And shall the children teach their Father And shall that then be frustrated that our Lord hath cryed aloud The scholler is not aboue the Maister And
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
all this while that French Catholikes were in this poynt agreeing rather with the Parlament in England then the Church of Rome But God be praised the curtaine is drawne at length which heretofore hath parted the stage from the attyring house and now the spectatours who are as many of our Country as can write and read may seâ— that such as plead the partes of ciuill rich and religious persons are many of them no better then insolent beggarly and lewd companions This worke is performâ—d in this Oration following wherewith I haâ—e thought good to present the courteous Reader composed and prâ—nounâ—ed by that ornament of our age the Cardinal of Peron a man so well knowne to the world for the great childes portion which the father of all good thinges hath allotted out vnto him of incomparable learning prudence and zeale towardes the Catholique Faith It pleased God by his meanes long since to conuert the last King of France from his erroneous beliefe to make the said Cardinall amongst others an Instrument of compounding that busines of the Venetians whereupon the peace of the Church did in some sort depend and now this honour was only wanting to him that he should be the meanes to restore one of the noblest members of the Church for so we may without any vanity to the glory of God esteeme the English Catholikes who with so admirable grace and strength are stil swimming through the bitter waues of persecution to the honour of only suffering for that faith which other Catholike Countries do professe wherof our Aduersaries haue studied so earnestly to depriue vs whilest they say the doctrine conteyned in the Oath of Allegiance is impugned by vs out of singularity or seditious humour and that our next neighbouring Churches of the same Communion would acknowledge and confesse the same But I must not reflect so particulerly vpon the dignity of the Cardinalls person and the extreme obligation which al good English Catholikes haue to him as therby to neglect the setting forth of the aduantaâ—e which our cause hath got by his Oration For although it were not a matter of small importance if it had beene deliuerâ—d by himself but as a priuate man yet it ought to rise to another manner of accoumpt when it appeareth that as the stile thereof was ordered by his eloquence and the sound thereof pronounced by his voyce so also the substance and strength of it did spring euen from the hart roote of the whole Clergy of France represented by those Archbishops and Bishops and other Prelates there assembled and was both ioyfully receaued and clerely auowed by the whole Nobility of France assembled also and represented in lik maÌ„ner Now to the end good Reader that thou mayâ—st runne through with moâ—e facility and be able with more syncerity to discerne of that which is conteyned in the Oration I will make thee acquainted with the occasion therof and premise also some few other thinges whereof perhaps thou art ignoranâ— and which may serue to set thy iudgment straight in that which followeth The Parlaments in France haue no resemblance to ours in England but are certaine sedentary and supreme Courts of Iustice compounded only of Lawyers who iudge without appeale within their seuerall precinctes of Iurisdiction Of these Courtes there are eight in France all independant on of another though the Parlament of Paris haue a Country vnder it of greater extent and by residing in that Citty which is the ordinary habitation of the French Kinges it hath growne to that kind of amâ—ition and vsurpation which some Patriarchs of Constantinople and some Bishops of Rauenna haue been subiect to in different causes but vpon like occasions That which in France doth answere the nature of our English Parlament is the holding of the three Estates Generall the Clergy the Nobility and the Communalty which last is called the Third Estate but it is with this difference amongst others that they sit in three seuerall Chambers whereas the two former of ours sit in one and wheras with vs an Act is not presented to the King vnles the maior part of both our Houses or Chambers do finde it good in France if the maior part of two Chambers do resolue vpon any proposition it is to go vnder the name of all the Three Estates although one of them should dissent therin This supposed I wil proceed to informe thee courteous Reader that the greater number of the deputies of the third Chamber in this last Assembly of the Estates in France did conceaue frame the forme of an Oath which they wished might be ministred in that Kingdome as that which beares the name of Allegiance is in ours whereby the same principall Article is â—biured namely that no French King can be deposed nor his subiects absolued from their obedience by any Pope for any cause whatsoeuer and that the contrary opinion is Hereticall and repugnant to the doctrine of the Scriptures But this difference is found betweene the two Oathes that whereas the English one in one of the clauses seemes to exclude not only the authority of the Church ouer Kinges but euen of the CoÌ„mon wealth also yea though it should be accompanied with that of the Church that of France shooâ—es only at the abnegation of the Churches authority Nor is there a man in that Kingdome who appeares to h ld that Kinges in certaine cases are not subiect to the censure of the Common wealth And as for the Parlament of Paris in particuler who knowes not that diuers of that body haue now helped to animate the Prince of Condé and his complices to take armâ—s against the King and Queene of France vpon the supposall which they make of the ill Gouernment of that Kingdome But howsoeuer thaâ— case standes this Oath was drawne by the Chamber of the Communalty which in France is called the Third Estate and reiected as conteyning false and wicked doctrine by both the Chambers of the Clergy and Nobility and coâ—sequently for the reason that I gaue before by the Estate Generall Some man perhaps amongst oâ—r English aduersaries may obiect that notwithstâ—nding the custome and stile of France doth beare that whatsoeuer is authorized or reprâ—oued by any two of the Chambers doth take the name of all the threâ— yet it makes exceedingâ—y for the credit of our Oath of Allegiance that they of the Third Estate in France which is the greatest member of that body should c nspire in opinion with the Authours of our English Oath though they be of a contrary Religion to the Protestant in other thinges and esteemed the most deuout professours of it in that Kingdome I answere that this argument may looke fayre a far off but with such as know how thinges were carried it will fall out to be of no force at all It is to be vnderstood that this Chamber of the Third Estate was wholy in effect compounded of Lawyers most of them belonging to the Court of Parlament
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
that the Church doth this and sometimes it doth it not And againe (b) Ibid. q. 11. art 2. 〈◊〉 corpore art So soone as any is deuounced excomunicated by sentence for Apostacie from the faith his subiectes be absolued from his domination and subiection and from the Oath of fidelity whereby they were bound vnto him before Behold what this holy and wonderfull Doctour or rather this Eagle of Doctours whome the Schoole of Deuines calleth the Angelicall Doctour saith and this in his Summe which hath been euer publiquely read at Paris and held for the miracle and oracle of Scholasticall diuinity and who hath neuer been noted nor taxed in this Article by any neither French nor other And not only he but euen those also who among the Doctours of the faculty of Paris haue purposely and expresly written for the Emperours and for the Kings against the Popes and haue taken vpon them to demonstrate that the Popes could not declare the subiects absolued in conscience from the Oath made to their Princes haue alwaies excepted the case of heresy and infidelity and especially when the Princes went and proceeded so far as to haue a will to destroy and ouerthrow the Christian or Catholike Religion and to inforce and constraine their subiects in their consciences and to persecute them as they were either Christians or Catholikes For William Occam who fauoured the Emperour against the Pope and whome the French Doctours who haue impugned the Popes temporall authority haue taken for their Patron hauing written expressely touching the Power Ecclesiastique and Laique spirituall and temporall where he disputeth of set purpose that the Pope hath not any power at all to absolue the Subiects of Kings from the Oath of Allegiance they owe vnto them excepted in generall termes the cases of Heresy or Infidelity (a) Occam lib. 8. q. 2. c. 8. ad 3. alleg The Pope sayth he cannot ordinarily depose the Emperour no more then other Kings though he be neuer so worthy to be deposed nor for any crime or default though neuer so great if it be not of the number of the spirituall crymes And Iohn of Paris to whome the more sincere seruants and fauourers of Kings send the Readers to learne and vnderstand what ought to be the limits and bounds of the authority spirituall and temporall doth there bring the very same exception (b) Io. Par lib. de potest Regis Papae c. 14. If a Prince sayth he were an heretike and incorrigible and lib. a contemner of the Churches censure the Pope might do something in the behalf of the people wherof might ensue that he should be depriued of his secular dignity and deposed by the people And this the Pope may do in the only crime Ecclesiastique the vnderstanding and notice wherof appertayneth to him that is to excommunicate all them who should obey such a Prince as their Lord and Soueraigne And Iames Almaine Doctour of the Faculty of Paris who at what time King Lewis the 12. was at difference and variance with Pope Iulius tooke vpon him the defence of the Kings power against that of the Pope and for that cause did publish and put to light what Occam aforesaid had composed and written against the Pope touching the boundes of both powers and illustrated them with explications and notes of his owne relateth the words of Occam in these termes Doctour Occam (a) Almain l. de potest Eccles Late c. 8. sayth he writeth that Iesus Christ hath not giuen power to the Pope to depriue the Laiques of their Dominions and their possessions except in case that a secular Prince should abuse himselfe therin to the ruine of Christianisme or of the faith so as that abuse should extend to the domage of eternall felicity For in this case it is not to be denied but that the Pope hath power to dispose though other Doctours deny it albeit they confesse that the Pope hath only authority and power to declare that such a Prince ought to be deposed Loe Almaine his wordes in the first part of his booke And see agayne what he sayth in the second part of it The Doctour sayth he speaking (b) Alm. ibidem of Occam hath answered that if the Emperour be worthy of deposition for a cryme of the former kind that is for spirituall crymes he may be deposed by the Pope for as much as the Pope hath full power to punish spirituall sinnes But if he be worthy of deposition for a cryme ciuill and politique it then belongeth not to the Pope to depose him And it is not to be said that the condition of the Emperour and of other Kinges is not paralell alike and equall For Occam handleth them as equall and manteyneth that the Emperour dependeth not in any sort of the Pope for his temporalities And a little after passing vnto the opinion of Iohn Doctour of Paris he sayth (c) Alm. ibidem Iohn of Paris holdeth that for any crime either spirituall or politique it apperteyneth not vnto the Pope to depose the Emperour but by accident c. that is to say in as much as he may excommunicate him for such a cryme and all them that take parte with him and consequently by such an excommunication to constreyne them to depose him And so he deposeth him only by accident and indirectly and not directly And yet these be the principall supportes wherewith the Kinges and Church of France haue serued themselues when they meant to withstand and oppose themselues against the progresse of the Ecclesiasticall power ouer the temporall These be the bookes which the Kinges haue caused to be writtē for the maynteyning and vpholding of their authority These be the bookes which the Faculty of Diuinity haue caused to be published at such time as the Kinges had any variance with the Popes These be those writinges that were reprinted and put to light agayne and illustrated with explications when King Lewis the 12. entred into a difference with Pope Iulius in the time of the Councell of Towers and of Pisa These be the bookes which were caused to be published for the same subiect vnder our deceased King of glorious Memory and that an eight yeares since that is to say in the yeare 1606. and whereunto the Maisters of the Kinges retinue of the Parlament of Paris do remit and refer their Readers to vnderstand what be the batteries strongest defences of the Iurisdiction spirituall temporal And this Schoole of Sorbonne saith the deceased Monsieur Procuratour or Attorney Generall de la Guesle (a) Apud Rochell in Decreto Eccl. Gall. lib. 5. c. 8. speaking to the Schoole of Sorbone on the behalf of the Court hath excellent obseruations in the writings of Gerson and in the booke de potestate Regia Papali composed by Iohn of Paris Doctour in this faculty and in a thousand places besides And notwithstanding this what saith Iohn of Paris That the Pope (b)
who seeth not that it is a Sacriledge that hath at all times drawne the Ire Wrath and Vengeance of God aswell vpon Kinges and Princes as vpon particuler Persons who haue attempted the same Euery one knoweth that Saul (a) 1. Reg. 13 15. was deposed from the right of his Royalty and died a miserable death because he would take vpon him the office of a Sacrificer We know that Oza (b) â— Reg. 6. was punished with a sudaine death for putting his hand to the Arke that seemed to sway to the one side We know that King (c) 2. Paralip 26. Ozias was stroken with leprosy and excluded from the administration and gouernment of his Kingdome for taking the Censar into his hand And holy Writ saith (d) Malach 26. The lippes of the Priest shall keepe knowledge and the Law they shall require of his mouth because he is the Angell of the lord of Hostes. And the Prophet Esay (e) Esay 54. saith to the Church Euery tongue resisting thee in iudgment thou shalt iudge And againe (f) Idem 60. The King shall walk in thy light the people in the brightnes of thy rising And King Iosaphat distinguisheth the boundes of the one and the others Iurâ—diction in these wordes (g) 2. Paralâ—p 19. Amarias saith he the Priest and your Bishop shal be chiefe in these thinges that appertayne to God and Zabadias the sonne of Ismael who is the Prince in the house of Iuda shal be ouer those workes which perteyne to the Kinges office And our Sauiour (h) Matth. 19. saith himselfe VVhosoeuer shall not heare the Church let him be vnto thee as an Ethnick and a Publican And S. Paul speaking vnto Pastors (i) Act. 20. saith The Holy Ghost hath placed you Bishops to rule the Church of God which he hath purchased with his owne bloud And speaking to the Laytie he saith (a) Heb. 3. Obey your Prelates for they watch hauing to render an accompt of your soules And againe (b) Heb. 5. Neither doth any man take the honour to himselfe but he that is called of God as Aaron And therefore we see that the first Christian Emperours were euerso respectiue and Religious as they would neuer make themselues Iudges neither of matters of faith nor of matters of the Churches discipline nor of the Bishops causes among themselues for feare of violating the rectitude that Gods Ministers ought to bring to Ecclesiasticall Iudgments by the feare of temporall Iurisdictions And that if they published any lawes in such cases it euer was after the Bishops had passed them and to further the temporall execution of the decisions formerly made by Ecclesiastique authority It is not lawfull forme saith (c) Ruff. l. 10. Eccles hâ—st c. 2. Constantine the Great who am placed ouer temporalities to censure and iudge the causes of Bishops And the Emperour Valentinian (d) Sozom. l. 6. c. 7. the first said It is not lawfull for me who am of the Laitie to arrogate to my selfe the curiosity of searching into these matters And the Emperour Theodosius the second (e) Epist ad Sinodâ— Ephes writing to the Councell of Ephesus sayth It is not lawfull for him who is not of the ranke of Bishops to intermeddle himself with the decision of the affaires of the Church And the most glorious and victorious of all our Kinges which was Charlemaine confirming the answere that Censtantine made saith (f) Carol. mâ—gâ— l. 6. cap. 301. The Emperour Constantine answered vpon the accusations of the Bishops To me who am placed ouer temporalities it is not lawfull to iudge the Bishops causes And confirming that which the Emperour Valentinian had said he vsed these words (a) Ibid. Your busines is aboue vs and therefore iudge among your selues of your owne causes For you are aboue vs. And when on the contrary the hereticall Emperours would take vpon them to meddle with Ecclesiasticall iudgmentes the holy Fathers resisted them contradicted them with all manner of constancy We are not permitted said Hosius to the Emperour (b) Epist ad Const apud AthaÌ„ in ep ad solit vit agent Constance to hold the Empire on earth nor to You to lay hand on the Censar and to vsurpe the authority of Religion And S. Athanasius sayth (c) Athan. epist ad solit vitam agen When was it euer heard in the memory of man that the iudgments of the Church tooke their force from the Emperour And againe (d) Ibidem He treateth not of matters of the Roman CoÌ„mon wealth where there may be credit giuen to you as to an Emperour but he speaketh of a Bishop And a little after (e) Ibidem Who is he who seeing an Emperour occupying the chiefest place in matters of the Church would not iudge that it were the abomination of the desolatioÌ„ fortould by Daniel And Gregory Nazianzen (f) Greg. Naz. orat adcities ti percuis Princip irascent saith Will you heare a free word which is That the law of Iesus Christ subiecteth you to my Iurisdiction to my tribunal For we are Emperours also namly in an Empire greater and perfecter then yours And S. Ambrose (g) Ambr. ep 32. ad Imper. Valent innior saith Who maketh any doubt if we regard the order of the Scripture or the antiquity of the Church but that the Bishops in causes of faith haue a custome to iudge of Christian Emperours And againe Your Father said It is not for me to iudge betweene Bishops And your Clemency saith It apperteineth to me to iudge And S. Martin the renowned ornament of the Gaules saith (h) Apud Seuer Sulpit l. 2. sacrae hist It is an impiety new and not heard of before that a secular Iudge should iudge of matters of the Church And against this it helpeth not to alleage that the Emperour Constantine did call himselfe (a) Euseb l. 4. de vit Constant cap. 24. a Bishop out of the Church For Constantine by that meant nothing lesse then to say that he had iurisdiction and superintendency ouer the externall forme and discipline of the Church Els wherfore should he haue desired with so great instance the authority of the Councell of Nice for the decision of the day of Easter But he meant only to say that what the Bishops did by their preachings among the Christians within the Church that did he out of the Church by his Edictes against the Infidells He ordayned sayth â—usebius by his Edictes and gaue order to the Gouernours of the Pagans to cause them to keep the Sunday also aswell as the Christians and to honour the dayes of the Martyrs and the feastes appointed in the Churches And therof it came that hauing one day feasted some Bishops he called himselfe Bishop in their presence saying vnto them God hath placed you Bishops within the Church and me a Bishop out of the Church But me thinkes I heare You already say that
the ouerturning and ruining of all Catholike Religion then to say that the Church which hath decided them hath done it without authority and was not at that tyme any more Christes Church but Antichristes Concubine See therefore wherunto these men leade vs who compell vs to sweare that it is a doctrine contrary to Gods word impious and detestable to hold that subiects in some cases may be absolued of their fidelitie And this proposition they would haue vs put in the same conclusion of faith and vnder the same decree of Anathema with that of the murthering of Kinges THERE remayneth the last Inconuenience which I promised to examine which is that this medly doth not only make the remedie that they would bring to the daunger of Kinges to be vnprofitable but more then that to be pernicious and domageable And now I beseech you Gentlemen before I enter into the matter to permit me to tell you that I giue not place in affection to the seruice of the King to any of my Countrymen I am a French man borne and the sonne of a French man and I haue neuer but respected our Kinges I haue neuer in fact of State cast mine eyes vpon others God lending me my right wits I will neuer turne mine eyes away I haue beene nourished brought vp intertayned and raysed vp vnder the winges of my Soueraigne King Henry the third haue alwayes continued an adherent to his fortunes whilest he liued After his death I followed likewise the fortune of the deceased King Henry the Great of glorious memory and that with a good and with a sound conscience euen according to the Maximes as well of those who defend the affirmatiue part as of those who hold the negatiue For to say nothing of the word of Relapse that was by bad information imputed vnto him he was neuer either persecutour or incorrigible On the contrary after the tyme of his predecessors death he promised to procure to informe himself and be instructed and in his greatest affayres he did me the honour to confer with me in secret about the points of our faith for the preparing of himselfe to his Conuersion I brought him by the grace of God back or the grace rather by me to the Catholike religion I obteyned his absolution at Rome of Pope Clement the 8 and reconciled him with the Sea Apostolike Actions by which he effected and wrought the recouery of his Estate and the restoring of you all to your houses commodities and fortunes I euer serued him after that supporting vpholding the honour and rightes of his Maiesty in a more affectionate manner then I tendred mine owne life not here where it is an easy matter to extoll the Kinges soruice and to commend as the saying is the Athenians at Athens but out of his owne Kingdome and there where matters were canuased and disputed vpon And of this also I haue receaued for a signe and testimony of approbation of my seruice all these honours commodities I am now possessed of for as much as I neuer receaued neither goods nor dignities but of him It is he alone who hath aduanced me and raysed me vp to a Bishop Archbishop and Cardinall He made me Great Almenour and bestowed vpon me the meanes and prouisions necessary for the helping of me towards the susteyning and bearing out a part of these charges And from the King his Sonne I continue the enioyng and possession of the same benefits and good turnes without hoping or desire of hope of gratificatiō from any other And therfore Gentlemen you ought to be belieue that I am not moued in this for any other interest then for his seruice and for the conseruation of the Catholike Religion in preseruation whereof is comprehended both the spirituall and temporall safety of himself of his estate For the first branch then of our last opposition which is that the mixtion of contentious matters maketh the remedy which they would bring for the daunger of Kinges vnfruitfull and vnprofitable we haue already said inough from the beginning For seeing we will agree both the one the other that the tēporall laws the paynes penalties imposed vpon the body do not any waies serue the turne or be inough to preuent auert put by these wicked attemptes and that we must make recourse to spirituall lawes and to the paynes that be exercised after death that is to say to the lawes of excommunication and of damnation eternall and for that reason teacheth vs that the lawes of Anathema and of excommunication make not any impression in the soules if they be not belieued to proceed from an infallibleauthority how is it when there shal be intermixed some clause contestated called into question by the rest of the Church that they will serue for a bridle to those who feare nothing but the paynes and tormentes of the soules And how shall such lawes imprint the terrour and feare of Anathema in mindes that shall belieue that the lawes themselues be subiected to Anathema On the contrary how will they not quite ouerthrowe the good and sufficient remedies that the generall Councells whereof the authority is infallible haue instituted for the safety of Kinges which they would take from vs by the medly of other thinges wherevnto the vniuersall Church doth not agree I haue sayd good sufficient remedies for the safety of Kinges which they would haue taken from vs For who knoweth not that if the infernal monsters who made the attemptes vpon the liues of our two last Kinges had read the Ecclesiastical lawes they had found their damnation expressed in the decree of the Councell of Constance And therefore it was not for default of Ecclesiasticall lawes that they committed those two most horrible murders but for this that they had not read them or rather by occasion of an enraged and diuellish malice wherewith they were possessed But they will reply that it was not inough for the securing and assuring of the life of Kinges that the Church hath decreed vnder the payne of Excōmunication that none may attempt vpon their persons if it decreeth not further vnder the same paynes that the subiects cannot be absolued from their obedience in whatsoeuer estate they be that is to say euen when they should make profession of heresy or incorrigible Infidelity and should become persecutours and violators of conscience For though say they further the Church forbiddeth that no attempt be made vpon the life of Princes yet if the Princes happen to fall into incorrigible Heresy or Apostacy and become persecutours of the faith and that the Church thereupon declare their subiectes absolued from the oath of Allegiance and that notwithstanding this declaration they will inforce the subiects to continue their obedience vnto them they become Tyrants And then adde they the Politique Lawes permit euery particuler body to attempt vpon the person of Tyrantes and consequently their life in case of Heresie or of
yet these be at this day the writers whome they celebrate extoll and whome they haue in their eyes For so an authour say something against the Pope and that he put as much as he please the safetie of Kinges vnder the peoples feete him they imbrace applaude and adore And of this we neede not any better proofe then the edition of Gerson which they who haue beene the first authors of the Article that is now proposed vnto vs haue caused to be imprinted eight yeares since with inscriptions pictures and elogies or testifications of his prayses because he seemeth vnto them to haue writen against the Pope For in his sermō made in the presence of King Charles the 7. in the name of the Vniuersitie of Paris Gers serm ad Regem Fran. nomine vniuersit Paris after he had made Sedition to speake which wills that vse without exception and indifferently be made of this rule of Seneca There is not a sacrifice more pleasing vnto God then the killing of Tyrants and that it is to be put in vre against all sortes of persons accused of Tyranny and vpon all manner of suspitions and of defamatory libels and Dissimulation that wills on the contrary that we neuer vse it but that we endure all Tyrants he bringeth in Discretiō that teacheth when it is to be vsed in these wordes Gers ibid. We conclude further that if the head or any other member of the Commō wealth should incurre such an incōuenience as he would swallow vp the deadly poyson of Tyrany euery member in his place should oppose himself by al his possibility by expediēt meanes such as should not make the matter worse seing it were to small it purpose when the head aketh that the hand should strike it but rather folly For nether is it necesary to cut it off by by to separate it from the rest of the body but we must cure it sweetly aswel by good words as otherwise lyke prudent wise Phisitians There could not be any thing more against reason of greater cruelty then Tyrany by a seditiō I cal sedition a rebellion of the people without cause and without reason which is oft tymes worse thē tyrany c. There needeth great singuler discretion prudence and temperance about the expulsion thrusting out of tyranny and therefore we must heare and giue credit to wise Philosophers Lawyers Deuines to men of good life of good and naturall prudence of great experiēce of whom it is said In old men is found experience For though a Prince and Lord sinne in many cases yet he must not for that be presently censured a Tyrant So he there And in his worke of ten Considerations against the flatterers of Kings where he recapitulateth a part of the discourse of his Sermon Gerson Considerat 7. contra adulat he sayth It is an errour to belieue that a terrene Prince is not bound in any thing during his raigne to his subiects For according to diuine right and naturall equity and the end of true gouernement as the subiects owe fidelity ayd succour and seruice to their Lord So the Lord oweth agayne faith and protection to his subiects And if the Prince manifestly pursue and persecute them and with obstinacy in iniury and by fact then this naturall rule It is lawfull to repell force by force and this saying of Seneca There cannot be a more acceptable Sacrifice immolated and made to God then by taking away of a Tyrant taketh place And notwithstanding this which is more strange those who haue caused this to be reprinted haue not vouchsafed to add either in the beginning of his workes or in the margent of these wordes any obseruation or note for the censuring of them or for aduertisement of the Reader to take heed But indeed how could they haue done it without condemning themselues Themselues I say who during the fury of these last troubles had been Ensigne-bearers or rather had caried the burning torches of this pernicious doctrine and had maynteyned and publisht it against King Henry the third by propositions disputed and printed For these be their words It is most certaine that by right both diuine and naturall the Estates be aboue Kings And againe It was lawfull for all the people of France most iustly to take armes against the Tyrant that is to say agaynst King Henry the third And a litle after They who consider matters attentiuely and diligently will iudge that the eternall enemies of the Religion and of the Country ought to be pursued not only by publique armes but also by the sword and plotts of particuler persons And that Iames Clement the Dominican was not put forwards by any other desire then by the loue of the Lawes of his Country and of the zeale of Ecclesiasticall discipline by which this restorer of our Liberty hath put vpon his owne head grace and vpon our neck a coller of gold and the heauenly collers of the Church Thus there This I say not to scandalize them for I conceale their names nor to reproach them with that that the bounty and clemency of the King hath buried vp and forgotten but to shew that they should be content to attend the rest of their dayes to the cancelling and washing away of their offence with their teares and not to meddle themselues with the making of lessons of the seruice of Kinges to them who alwaies well and faithfully serued them euen then when they persecuted them But these are violent spirits who being transported to one extreme and not being of power to hold the meane thought that the best meanes for the iustifying of themselues was to passe ouer to the other extreme and to put their hand to pen to write and fight against the Pope Wherin as they are found conforme or at least very like vnto the Churches enemies they haue beene so set on and plyed by those our enemyes and by some that dissembled with them as they haue beene induced thrust on vnder a pretence of the Kinges seruice to sow the seedes of schisme But Syrs the King desireth not to be serued after this sort his will is not that prouision be made for his safety by schisme and by the Churches diuision In the ruines whereof is comprehended the ruine and ouerthrow of his owne safetie spirituall and temporall he is a Catholike and the eldest child of the Catholike Church he is the first Catholike of all the Kinges and the first King of all the Catholikes He feareth not to fall into Heresy and standeth not in doubt of the Popes censures nor dreadeth the Churches threates against Heretikes He is the prime and principall protect our of the one and the other He is the heire both of the Crowne and of the name and of the faith of that glorious S. Lewis who was the Churches support and piller and the Popes defence retrait He is descēded from a mother no lesse Catholike pious and
forsake Childerike and to substitute Pipine in his place though the cause that moued them to remooue and make away Childerike was his impertinency and his stupidity yet in as much as it touched Religion by occasion because Childerike his imbecillity weaknes did put France in danger of falling from Christianity (a) Orat. legat Pipini apud Paul Aemilium in Child 3. through the inuasion of the Sarazens who were become possessed of all Affrike and Spaine and had already many times ouerrun and wasted France and that otherwise it rested vpon the absolution of an oath in matter of conscience They would not in any wise yeild to do homage to Pipin vntill the Pope had absolued them in the spirituall Tribunall from their precedent and former oath they had made to Childerike Pipin saith Paulus Aemilius (b) Paul Aemil. de reb gestis Franc. in Child 3. after infinite other authors sent Burchard Bishop of Wirtzburg to Pope Zachary for the abrogating taking away of the obligatio of the oath by which the French were bound to Childerike And againe The Pope absolued the French frō the Oath they had made to Childerike and they assembling the States did homage to Pipin in quality of King (c) du Tillet en la vie du Child 3. And the Lord of Tillet in his Memorialls sayth To take a way the note of periury and infidelity it was thought best to send vnto Pope Zachary Vegard Bishop of Wirtzburg Fulrad chaplayne of the said Pipine for the obteyning of absolution vnto the said subiects from the oath made vnto the said King Childerike and of approbation of the election by them made of the said Pipin for their King And this was accorded by the said Pope And when as againe after the heresy of the Emperour Constantine Copronymus and of Leo his Sonne and the persecution that Constantine Sonne of Leo raysed against the Catholikes for his false marriage Charlemaine became beloued and potent in the West and that it came to be vnderstood that by the inconstancy of the Emperours of Greece there was no more certainty at all for stability of religion in those prats of the East Pope Leo the third absolued with effect all their subiectes of the West from their fidelity declaring Charlemaine Emperour of the West in their place The French sayth Zonaras (a) Zonar tom 3. Annal. in Iren Constant made themselues Lords of Rome Pope Leo hauing crowned Charles and called him Emperour of the Romans And Theophanes (b) In hist nuscell 22. The Pope to requite Charles crowned him Emperour And Eginard Chancelor to Charlemain saith (c) Eginard in vita Caroli magni our Charles in the beginning had such an horrour at the title of Augustus as he affirmed if he had vnderstood the Popes intention he would not that day haue come to the Church notwithstanding it were a solemne festiuity And the Lord of Tillet in his Memorials sayth thus (d) du Tillet enla vie de Charlemaine Charlemayne was King of all France by the half wellneere augmented and increased by him and after that by Pope Leo crowned the first Emperour of the West And when King Charles the Simple meant to vse the help of the Infidells and to bring in the Normanes who were Pagans Idolaters into the Christian Countries of the French to make warres against his enemies Fouques Arch. bishop of Rhemes threatned him that he would renounce the fidelity he ought vnto him (e) Frodoard hist Eccles Rhemens Who is he quoth he who being faithfull vnto you as he is bound hath not an horrour that you desire the amity and friendship of Gods enemies and haue a will to the detriment and ruine of the name of Christ to receaue and admit the armes of the Infidells and detestable aliances with them And a litle after It were better you had neuer beene borne then to haue a will to raigne by the protection of the Diuell and for you to be assistant vnto them whome you should most eagerly oppugne Wherfore know you that if you so do and condescend to such counsells you shall neuer haue me loyall and faithfull to you and I will further withdrawe from your fidelity all that I shal be able and I togeather with my fellow Bishops will excommunicate you and your complices and adherentes and condemne you with a perpetuall curse in place of the fidelity I beare vnto you And when King Philip the first in the beginning of the last race forsooke Bertha his wife daughter to the Count of Holland and tooke in place of her Bertrude wife of Fouques Count of Anjou yet liuing matter that concerned the violating of a Sacrament and not of the breach of one Sacrament by simple adultery which had beene a crime of manners but by the superinduction of another Sacrament and by a publique profession of making it a matter lawful in keeping euen in the sight of his whole realme the wife of another man still liuing in his Royall bed and in title of Queene and his Spouse in place of his owne wife yet also aliue when as the precedent mariages had not by the Church been declared to be of no validity which was a cryme acompanied with heresie Pope Vrbane notwithstāding he was to contend with an Antipope reprehended the King and after many admonitions perceauing his pertinacy and obstinacy excōmunicated him in a Councell of almost 300. Berthold ad ann 1095. Bishops assembled at Clermont in Auuergne and interdicted his Realme And Pope Paschal after him did the same At the Councell of Clermont sayth Malmesbury (a) Guil. Malmesb lib. 4. c. 2. in Guil. 2. the Pope excommunicated Philip King of France and all them who called him King and obeyed him or spake vnto him if it were not to correct him And Iuo (b) Iuo Carnot ad Vrban Epist 46. of Charters writing vnto the same Vrbane sayth They will menace and threaten you that the King and his Realme will depart from your obedience that is will passe to the obedience of the Antipope if you restore not the Crowne to the King and absolue him from the excommunication And the Lord of Tillet sayth (c) Du Tillet en la vie de Philip. 1. In the yeare 1100. Iohn and Benedict Cardinalls and Legates of Pope Paschal the second sent into France assembled the Prelates at Autun at Valence and at Poictiers and after hauing admonished the King to take the said Queene Bertha agayne and to leaue Bertrude excommunicated them and interdicted the Realme Wherupon the said King was moued to iudignation But in conclusion he obeyed And when the Emperour Henry the fourth who liued at the same tyme with Philip the first complayned a while before Pope Gregory the seauenth for hauing absolued and discharged his subiectes from the Oath of fidelity he reproached him that he could not doe it for that he had not committed any errour in faith
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
our part to the Emperour who shall diligently informe themselues what conceit he hath of the Catholike faith and therof shall make a report vnto vs. And in case they find not any thing but sound wherefore should we disquiet him But if otherwise we will persecute both him (a) Cost addition and the Pope himself sent 〈◊〉 stile de l'Anglois non comydes Barons de S. Louys and the Pope himselfe if he beleeue not in God aright or whome soeuer besides to the very rooting out of the memory of them And when Peter King of Aragon besides much intelligence and correspondence he interteyned with the Insidels had caused the festiuity of Easter day to be violated by the horrible massacre of the Sicilian Euensong Pope Martin the 4. saith Paul Aemilius (b) Paul Aemil. in Philip. 3. and du (c) Du Haillan l. 12. de Phist de France Haillan after him acquited and absolued the Aragonians of the Oath of fidelity they had made to the said Peter And Philip surnamed the Hardy Sonne of the same S. Lewis and Father of Philip the Fayre tooke armes for the execution of the Popes censure died in executing of it But I insist the lesse vpon this example because though there were some cryme of religion intermixed with the motiues of the censure yet there wanted not many temporall respectes and causes I only alledge it to shew how far off the Kinges of France were from holding that it was contrary to the word of God and impious and detestable to thinke that in certaine cases the subiectes might be absolued from their fidelity and allegiance sworne to their Princes sith they became theÌ„selues the executors and reputed such actes amongst the chiefest workes of their piety For the defendors of (d) Act. inter Bonif Phil. Pulâ—h fol. 80. pag. 2. Philip le belle haue put this example amongst the meritorious workes of the Kinges of France Philip his Father say they ended his life and went to God prosecuting in Aragon the Churches quarell And when the Pope Vrban the fifth had excommunicated Peter the Cruell King of Castile For that saith Froissart (a) Proissart vol. 1. cha 230. an Authour of the same tyme he was an (b) Bulgaret en Froissart signifie Albigeois an heretike heretike a persecutor of the Church conspired with the Moores some adde (c) De Serâ—es an abnegatour and abiurer of his Christianity and had discharged his subiectes of the Oath of their fidelity King Charles the siâ—th assisted the Popes censure with his armes and sent his Constable with an Army to driue Peter out of Castile and to put Henry the Bastard of Castile in his place The King of France saith Froissart (d) Froiss en Phist de Fran. 1. volian c. 230. was very glad of this ordination and decree and laboured and effected that Monsieur Bertrard du Guesclin was sent to the Finance And du HaillaÌ„ saith Charles (e) Du Haillan eâ— la vie de Charle 5. the fifth King of France relying vpon the interdict laid by the Pope vpon the Realme of Castile vpon the right by him giuen to the Bastard sent forces of the French for his ayde and succour vnder the conduct and charge of Bertrard du Guesâ—lin newly returned from his prison And when the ConÌ„cell of Constance which all the Parlamentes of France imbrace and receaue as the Palladium of liberties of the Church of France was assembled and held for the taking away of the schisme that was betweene the three Popes contestating and standing for the Popedome that the Emperour Sigismund tooke vpon him the charge of going in Embassage in behalf of the Councell to Pope Benedict the 13. into Spayne a iourney vndertaken for a reunion and taking away of the schisme of the vniuersall Church wherunto none might cause any impediment or let without declaring himselfe an enemy of Christian religion the safe conduct that the Councell gaue him for his security of passage through the landes of other Princes and Potentates was coÌ„prised in these wordes (a) Concil Constant fess 27. If any King Cardinall Patriarke Archbishop Bâ—shop Duke Marques Count be any hinderance or let vnto him let him be depriued of his dignity be it secular or Ecclesiasticall And this Gerson Chancelour of the vniuersity of Paris and the Kinges Ambassadour and all the Bishops deputed of the Church of France being present and consenting And when the Councell of Basil consisting for the greater part of French Bishops and which the Parlamentes hould for another Bulwark of the Church of France meant to propose a perpetuall example of direction dâ—scipline to posterity it caused the same Actes of the Councell of Constance to be published anew and with the very same wordes And not only the Councell in generall but also the Doctours in particuler who haue liued since the Diuinity which we call Scholasticall hath been instituted and namely those who haue beene Frenchmen or haue written and taught in France haue all held auerred this doctrine I will not speake of them who haue more exalted and extended the Popes power as Alexander de Hales (b) Alexand Halen p. 4. quast 10. an English Doctour but who read and taught in Paris Hugo de (c) â—ugo de S. Vict. l 2. de Sacram p. 2. 〈◊〉 41. S. Victore an Almaine yet a Doctour and Abbot of Paris Durand Bishop of Mande (d) DuraÌ„d Mâ—â—â—â— in 〈…〉 surnamed the Speculatour Durand (e) DuraÌ„d Mâ—ld l. de orig â—urisdict q. 2. Bishop of Meaux Peter Paludanus (f) Petr. Palud tract de caus imnad potest art 4. Patriark titular of Hierusalem (g) Heru tract de potest Papae Heruey and others But I will speake only of them who haue specified the case of heresy or of Apostacy and namely of S. Thomas who for hauing taken the degree of Doctour in France and studied read and written so long a time in France ought to be reckoned and numbred among the French Doctours and who for hauing beene the chief of them all and for hauing had the honour to be Kinsman to S. Lewis and to haue beene highly fanoured by him and to haue eaten at his table ought to be the lesse suspected of Princes He then in his Summe which is the substance of all his other writinges and as his last will and testament and which hath at all times beene publiquely read and if I may say it adored in the Schoole of Paris sayth expressely in these wordes (a) Tho. 2.2 q. 〈◊〉 art 10. 〈◊〉 corp art The right of domâ—nation or gournement that the Infidells haue ouer the faithfull may be iustly taken away by the sentence or decree of the Church hauing the authority from God For the Infidells by the desâ—rt of their infidelity merit to loose their power ouer the faithfull who be traÌ„sferred to be become the children of God And sometimes it happeneth