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

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them in feare of eternall tormentes Those who vndertake these detestable parricides vnder a false per suasion of Religion are not kept back with any feare of corporall punishment they bath themselues in tormentes with delight they expect triumphes and Crownes of Martyrdome they flatter themselues with false application of that sētence of our Sauiour do not feare them that can kill the body Matt. 10. but rather feare him that can send both soule and body into hell So that to restrayne and terrify this kinde of people we must lay before them not such lawes as are executed in this life which they care not for and thereby depriue other men of theirs but of such lawes whose rigour and seuerity are exacted after death that is of lawes Ecclesiasticall and spirituall The Milesian Virgins were possessed of so furious and prodigious hatred of their liues that they ran voluntarily with great contentment to their deathes they strangled threw themselues downe headlong and cut their owne throtes the prayers and teares of their parentes not being able to hinder them The Magistrates of the Iland oftentimes consulted and made many decrees to stop the publick mourning but none of their designementes tooke effect For they despising and hating life entred likewise into contempt of whatsoeuer was ended with life vntill in the end seeing all other meanes to fayle them agreed to publish a law whereby all those which voluntarily made away themselues should be drawne openly through the streets that stark naked after their death Then the frenzie which all these remedies applied during life could not cure the apprehension of shameful punishment after death did remedy The like is to be held of this fury this rage this madnes there is nothing but the feare of paynes to be imposed after death nothing but the apprehension of the paynes of hell nothing but the horrour of eternall torments which are sufficient to cure their distemper who thinke to immolate and sacrifice their liues to God when they loose them by putting in execution this horrible and abhominable enterprises Now the spiritual and Ecclesiastical lawes are those only which can imprint in mens hartes the terrour of excommunication and liuely apprehension of euerlasting torments For to cause this effect they must proceed frō Ecclesiasticall Authority that is certaine absolute infallible that is to say vniuersall and such as conteineth nothing wherein the whole Church doth not agree For if they proceed from doubtfull and different authority conteyne such thinges whereof one part of the Church houldes one opinion the head and other partes thereof teach another those in whose bearts they desire these thinges should make impression insteed of houlding them for certaine and infallible and therby to be terrified and swayed by their threats fall to laughing at them and hould them in extreme derision And therefore we must take great heed I say once againe we must take extraordinary great heed to mixe that which is in no sort to be doubted of in this Article and that which the whole Church agrees on that is to say that none without putting himselfe in danger of the diuell and eternall death may aduenture vpon the life of Kinges with any point in controuersy for feare of weakning that which is vndoubtedly true by ioyning it with some other thing which other partes of the Church do debate and hould in dispute Three points there are in the substance of your Fundamentall Law besides certain accessary pointes and circumstances The first cōcerneth the security of Kinges persons and in this we all agree offering to seale it not with inke but with our bloud that is to say that it is not lawful for any cause whatsoeuer to murther Kinges and not only with Dauid do de●est the Amalecite who vaunted to haue laid his handes on Saul 1. Reg. 11. although reiected and deposed by God by the mouth of Samuel but moreouer cry out aloud with the Sacred Councel of Constāce Concil Constant sess 5. against the murtherers of Kings euen such as might be pret̄eded to be Tyrants Anathema to such as murther Kinges eternall malediction to the assassinats of Kinges eternall damnatiō on al such as murther Kinges The second point is of the temporall dignity and soueraignty of the Kinges of Frances and in this likewise we agree For we beleeue our Kinges are absolute in euery fort of temporall Soueraignty in their Realme and that they are neither feudataries to the Pope as some others who haue either receaued or obliged their Crownes with this condition nor to any other Prince but that in the pure administratiō of temporall thinges they depend immediatly of God and acknowledge no other power ouer them but his These two pointes then wee hould for certaine and vndoubted but in different manner of certainty for the certainty of the first is diuine and theologicall the certainty of the second humane and historicall For that which Pope Innocent III. (a) Cap. per Venerab Tit. Qui filij sint legitimi affirmes that the King of France acknowledgeth no superiour in temporalities is spoken by him in forme of historical testimony and that certaine other Realmes whereof he seemes to wright (b) Cap. causam tit eodem the same haue since changed and bound themselues to some certain kind of temporall dependence vpon the Sea Apostolike and that France remaynes in her prime estate it is history and not faith that tells vs so There remaynes the third point which is this Whether if Princes hauing made an oath to God and their people either themselues or their predecessors to liue and dye in the Christian Catholick faith and do afterwardes violate their oath rebell against Christ bidding him open warre that is to say fall not only to open profession of heresy or Apostacy from Christian Religion but withall passe to force their su●iectes consciences and goe about to plant Arianisme or Mahometisme or any such like infidelity within their states and thereby destroy and roote out Christianity whether I say in this case their subiects on the other side may not be declared absolued from their oath of Loyaltie and Fidelity And this comming to passe to whome it apperteynes to pronounce this absolution This then is the point in controuersy betweene vs For your article conteyneth the negariue that is to say that in no case whatsoeuer the subiectes may be absolued from the Oath of Allegiance made to their Princes As on the contrary side all other partes of the Catholike Church togeather with this of France since the institution of Schooles of Diuinity vntill the comming of Catuin held the affirmatiue propositiō which is that when the Prince breakes the Oath he hath made to God and his subiectes to liue and dye in Catholique Religion and doth not only become an Arian or a Mahometan but manifestly wars against Iesus Christ in compelling his subiects in matters of conscience and constrayning them to imbrace Arianisme or
Apostacy cannot be secured To this obiection the answere is short and easy For the Church intermedleth not her selfe with the absolution of the subiects but in the Ecclsiasticall Court and therin besides this payne and that of excommunication it imposeth not any other By meanes wherof it is so far from consenting that any attempt be made vpon the life of them whom it hath excommunicated as it abhorreth all fortes of killinges and murtheringes and especially such as be sudaine and vnexpected in regard of the losse of both body and soule which cōmonly go therin accompanied togeather And if they say that the Church ordayneth it not but that it is the cause that it is done for as much as the Common wealth conforming it selfe to the Churches iudgment and making the same decision in the tribunall politique if the Prince keepe on his former course declareth him a Tyrant and an enemy of the state and consequently subiecteth him to the power of the Lawes politique which permit the conspiring against Tyrantes for the making of them away and for killing of them we bring first this exception that there is great difference betweene Tyrantes of vsurpation whome the Lawes permit to extirminate by all manner of wayes and Tyrantes of administration and gouernement who are lawfully called to their Principality but gouerne it ill and we add that the Hereticall Princes who persecute the faith and their Catholike subiects be of the number of Tyrantes of administration and not of the number of Tyrants of vsurpation against whome alone it is permitted to conspire by clandestine and secret practises And if they further vrge and say that the politique Lawes permit conspiracies against the one and the other we answere that they are politique prophane and heathenish Laws as those of the ancient Romans or of the Grecians in former tymes and not Christian politique Lawes For the Christian politique Laws consider not only in their Princes the respect due vnto them for the good of temporall pollicy and the regard of the Maiesty of the Estate which they represent but they further consider in them the Image and vnction of God who hath called them to that Dignity in so much as in them who haue once had the lawfull vocation of Royalty what Tyrany soeuer they exercise the Christian politique Laws neuer passe so farre as to permit the vse of proscription against their persons or that any do attempt by clandestine or secret coniuration or conspiracy against their persons or liues but they carry the same respect to them that did Dauid to Saul notwithstanding he knew he were reiected 1. Reg. 26. cast of and reproued of God when he said Who shall extend his hand vpon the anoynted of our Lord and shal be innocent In so much as if the Christians be constrayned to defend their religion and their life against Hereticall and Apostata Princes from whose allegiance they were absolued the Christian politique Laws permit not more then what is permitted by military Lawes and the right of nations that is to say open warre and not clandestine and secret 〈…〉 and conspiracies For there alwaies remayneth in them a certain habitude to the dignity Royall as it were a marke of a politique character that discerneth them from simple particulers and when the obstacle and impediment is taken away that is when they come to amend themselues and to giue satisfactiō it restoreth them to the lawfull vse and exercise of their regality And therefore we see that in so many controuersies that the Popes haue had with tēporall Princes neuer any Pope went so far as to coūsell or to assent to the murthering of Princes Contrariwise if any calumniators laboured to impute it vnto them they haue euer iustified themselues euen with the horrour and abhomination of such actes remembring themselues of these wordes of S. Gregory when the Lombards made war vpon him If I would haue medled with the death of men Greg. lib. 7. epist 1. the Nation of the Lombards should at this day haue had neither King non gouernors But because I stand in feare of God I will not haue to moddle or deale with the death of any person And touching the other point of the last Inconuenience which is that this medly maketh the remedies that they would bring to the daunger of the Kinges to be not only vnprofitable but also pernicious and domageable there needeth not much eloquence to perswade it For if those who made the attempts vpon the liues of our Kinges were moued to those horrible parricides by a false imagination which they conceaued to wit that our Kings did something in preiudice of religion how much more would they haue thought they had a greater better pretext if they had beleeued that our Kings had abused their authority by the bringing in of schisme and the ouerthrowing of Religion and that they had seene themselues in schisme separated from the communion of the Sea Apostolique and cut off from the other partes of the Church And more then this who vnderstandeth not that there cannot happen any thing of more and greater daunger for the life and authority of Kinges then intestine and ciuill wars which schismes do ordinarily draw after them Moreouer who knoweth not that the cōtempt and indifferencie of Religion which must needes follow vpon schismes engendreth and occasioneth Impiety and Atheisme and taketh quite away all the respect that men are wont to carry to Kinges for the loue of God and for the reuerence of Religion which is the strongest corps or Court of Guard and the surest rampaire for the defence and security of their persons For when Religion is had in contempt men are not any longer withholden from attempting vpon the persons of Kinges then by force and by feare of the temporall paynes and therfore when they thinke they may do it without beeing punished or that they contemne and make no reckoning of the temporall paynes they haue no more bridle to conteyne them or to hold them in Finally who seeth not that there can be nothing worse for the safety of the persons and of the estate of Kinges then to stir vp and drawe vpon them by an ouerture of a new schisme and diuision from the Church Psal 75. the wrath of him who taketh away the spirits of Princes from out of the earth And heere Gentlemen I will not with you vse more reasons and argumentes but wil passe ouer to exhortations and intreaties and wil coniure you to remember that you are French men and that you are also Christians and Catholikes and that in treating touching the securing of Kinges you must not only cast your eies vpon the earth but also lift them vp to Heauen and you must not remedy their temporall safetie in causing them to forgo and loose the euerlasting nor prouide for your bodily part which is France by destroying and ruyning the spirituall parte which is the Church The Pope tolerateth and