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A04250 A remonstrance of the most gratious King Iames I. King of Great Britaine, France, and Ireland, defender of the faith, &c. For the right of kings, and the independance of their crownes. Against an oration of the most illustrious Card. of Perron, pronounced in the chamber of the third estate. Ian. 15. 1615. Translated out of his Maiesties French copie.; Declaration du serenissime Roy Jaques I. Roy de la Grand' Bretaigne France et Irlande, defenseur de la foy. English James I, King of England, 1566-1625.; Betts, Richard, 1552-1619. 1616 (1616) STC 14369; ESTC S107609 113,081 306

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to turne subiect vnto Charlemayne Let me see but one Towne that Charlemayne recouered from the Greeke Emperours by his right and title to his Empire in the West No the Greeke Emperours had taken their farwell of the West Empire long before And therefore to nick this vpon the tallie of Pope Leo his Acts that hee tooke away the West from the Greeke Emperour it is euen as if one should say that in this age the Pope takes the Dukedome of Milan from the French Kings or the citie of Rome from the Emperours of Germany because their predecessors in former ages had beene right Lords and gouernours of them both It is one of the Popes ordinary and solemne practises to take away much after the manner of his giuing For as he giueth what he hath not in his right and power to giue or bestoweth vpon others what is alreadie their owne euen so he taketh away from Kings and Emperors the possessions which they haue not in present hold and possession After this manner he takes the West from the Greeke Emperours when they hold nothing in the West and lay no claime to any citie or towne of the West Empire And what shall we call this way of depriuation but spoyling a naked man of his garments and killing a man alreadie dead True it is the Imperiall Crowne was then set on Charlemaynes head by Leo the Pope did Leo therefore giue him the Empire No more then a Bishop that crownes a King at his Royall and solemne consecration doth giue him the Kingdome For shal the Pope himselfe take the Popedome from the Bishop of Ostia as of his gift because the crowning of the Pope is an office of long time peculiar to the Ostian Bishop It was the custome of Emperours to be crowned Kings of Italy by the hands of the Archbishop of Milan did he therefore giue the kingdome of Italy to the said Emperours And to returne vnto Charlemayne If the Pope had conueied the Empire to him by free and gratious donation the Pope doubtlesse in the solemnity of his coronation would neuer haue performed vnto his owne creature an Emperour of his owne making the duties of adoration as Ado that liued in the same age hath left it on record After the solemne praises ended saith Ado the cheife Bishop honoured him with adoration according to the custome of auncient Princes The same is likewise put downe by Auentine in the 4. booke of his Annals of Bauaria The like by the President Fauchet in his antiquities and by Mons. Petau Councellor in the Court of Parliament at Paris in his preface before the Chronicles of Eusebius Hierome and Sigebert It was therefore the people of Rome that called this Charles the Great vnto the Imperiall dignitie and cast on him the title of Empeerour So testifieth Sigebert vpon the yeere 801. All the Romanes with one generall voice and consent ring out acclamations of Imperiall praises to the Emperour they crowne him by the hands of Leo the Pope they giue him the style of Caesar and Augustus Marianus Scotus hath as much in effect Charles was then called Augustus by the Romanes And so Platina After the solemne seruice Leo declareth and proclameth Charles Emperour according to the publike decree and generall request of the people of Rome Aventine and Sigonius in his 4. booke of the Kingdome of Italie witnes the same Neuerthelesse to gratifie the L. Cardinall Suppose Pope Leo dispossessed the Greeke Emperours of the West Empire What was the cause what infamous act had they done what prophane and irreligious crime had they committed Nicephorus and Irene who raigned in the Greeke Empire in Charlemaynes time were not reputed by the Pope or taken for heretikes How then The L. Cardinall helpeth at a pinch and putteth vs in minde that Constantine and Leo predecessors to the said Emperours had beene poysoned with heresie and stained with persecution Here then behold an Orthodoxe Prince deposed For what cause for heresie forsooth not in himselfe but in some of his predecessors long before An admirable case For I am of a contrary minde that he was worthy of double honour in restoring and setting vp the truth againe which vnder his predecessors had indured oppression and suffered persecution Doubtlesse Pope Siluester was greatly ouerseene and plaied not well the Pope when he winked at Constantine the Great and cast him not downe from his Imperiall Throne for the strange infidelitie and paganisme of Diocletian of Maximian and Maxentius whome Constantine succeeded in the Empire From this example the L. of Perron passeth to Fulke Archbishop of Reims by whome Charles the Simple was threatned with Excommunication and refusing to continue any longer in the fidelity and allegiance of a subiect To what purpose is this example For who can be ignorant that all ages haue brought forth turbulent and stirring spirits men altogether forgetfull of respect and obseruance towards their Kings especially when the world finds them shallow and simple-witted like vnto this Prince But in this example where is there so much as one word of the Pope or the deposing of Kings Here the L. Cardinall chops in the example of Philip 1. King of France but mangled and strangely disguised as hereafter shall be shewed At last he leadeth vs to Gregory VII surnamed Hildebrand the scourge of Emperours the firebrand of warre the scorne of his age This Pope after he had in the spirit of pride and in the very height of all audaciousnesse thundred the sentence of excommunication and deposition against the Emperour Henry 4. after he had enterprised this act without all precedent example after hee had filled all Europe with blood this Pope I say sunke downe vnder the weight of his affaires and died as a fugitiue at Salerne ouerwhelmed with discontent and sorrowe of heart Here lying at the point of giuing vp the ghoast calling vnto him as it is in Sigebert a certaine Cardinall whome hee much fauoured He confesseth to God and Saint Peter and the whole Church that he had beene greatly defectiue in the Pastor all charge cōmitted to his care and that by the Deuills instigation he had kindled the fire of Gods wrath and hatred against mankind Then he sent his Confessor to the Emperour and to the whole Church to pray for his pardon because hee perceiued that his life was at an end Likewise Cardinal Benno that liued in the said Gregories time doth testifie That so soone as he was risen out of his Chaire to excommunicate the Emperour from his Cathedrall seate by the will of God the said Cathedrall seate new made of strong board or plancke did cracke and cleaue into many peices or parts to manifest how great and terrible schismes had beene sowed against the Church of Christ by an excommunication of so dangerous consequence pronounced by the man that had sit Iudge therein Now to bring and alleadge the example of such a
an excommunicatorie Bull into Fraunce against Charles the King and all his Princes The Vniuersitie of Paris made request or motion that his Bull might be mangled and Pope Benedict himselfe by some called Petrus de Luna might be declared heretike schismatike and perturber of the peace The said Bull was mangled and rent in pieces according to the petition of the Vniuersity by Decree of Court vpon the 10. of Iune 1408. Tenne dayes after the Court rising at eleuen in the morning two Bul-bearers of the said excōmuncaitorie censure vnderwent ignominious punishment vpon the Palace or great Hall stayres From thence were lead to the Lovure in such manner as they had beene brought from thence before drawen in two tumbrells cladde in coates of painted linnen wore paper-mytres on their heads were proclaimed with sound of trumpet and euery where disgraced with publike derision So little reckoning was made of the Popes thundering canons in those daies And what would they haue done if the said Buls had imported sentence of deposition against King Charles The French Church assembled at Tours in the yeere 1510. decreed that Lewis XII might with safe conscience contemne the abusiue Bulls and vniust censures of Pope Julius the II. and by armes might withstand the Popes vsurpations in case hee should proceed to excommunicate or depose the King More by a Council holden at Pisa this Lewis declared the Pope to be fallen from the Popedome and coyned crowns with a stamp of this inscription I wil destroy the name of Babylon To this the L. of Perron makes answer that all this was done by the French as acknowledging these iars to haue sprung not from the fountaine of Religion but from passion of state Wherin he condemneth Pope Iulius for giuing so great scope vnto his publike censures as to serue his ambition and not rather to aduance Religion Hee secretly teacheth vs besides that when the Pope vndertakes to depose the King of France then the French are to sit as Iudges concerning the lawfulnesse or vnlawfulnesse of the cause and in case they shall finde the cause to be vnlawfull then to disannull his iudgements and to scoffe at his thunderbolts Iohn d' Albret King of Nauarre whose Realme was giuen by the foresaid Pope to Ferdinand King of Arragon was also wrapped and entangled with strict bands of deposition Now if the French had been touched with no better feeling of affection to their King then the subiects of Nauarre were to the Nauarrois doubtlesse France had sought a newe Lord by vertue of the Popes as the L. Cardinal himselfe doth acknowledge and confesse vniust sentence But behold to make the said sentence against Iohn d' Albret seeme the lesse contrary to equity the L. Cardinal pretends the Popes donation was not indeede the principall cause howsoeuer Ferdinand himselfe made it his pretence But his Lor. giues this for the principall cause that Iohn d' Albret had quitted his alliance made with condition that in case the Kings of Nauarre should infringe the said alliance and breake the league then the Kingdome of Nauarre should returne to the Crowne of Arragon This condition between Kings neuer made and without all shew of probabilitie serueth to none other purpose from the Cardinals mouth but onely to insinuate and worke a perrswasion in his King that he hath no right nor lawfull pretension to the Crowne of Nauarre and whatsoeuer hee nowe holdeth in the said Kingdome of Nauarre is none of his owne but by vsurpation and vnlawfull possession Thus his Lordshippe French-borne makes himselfe an Aduocate for the Spanish King against his owne King and King of the French who shall bee faine as he ought if this Aduocats plea may take place to draw his title and style of King of Nauarre out of his Royall titles and to acknowledge that all the great endeauours of his predecessors to recouer the said Kingdome were dishonourable and vniust Is it possible that in the very heart and head Citie of France a spirit tongue so licentious can be brooked What shall so great blasphemy as it were of the Kings freehold be powred forth in so honourable an assembly without punishment or fyne what without any contradiction for the Kings right and on the Kings behalfe I may perhaps confesse the indignitie might bee the better borne and the pretence aledged might passe for a poore excuse if it serued his purpose neuer so little For how doth all this touch or come neere the question in which the Popes vsurpation in the deposing of Kings and the resolution of the French in resisting this tyrannicall practise is the proper issue of the cause both which points are neuer a whit more of the lesse consequence and importance howsoeuer Ferdinand in his owne iustification stood vpon the foresaid pretence Thus much is confessed and we aske no more Pope Iulius tooke the Kingdome from the one and gaue it vnto the other the French thereupon resisted the Pope and declared him to bee fallen from the Papacie This noble spirit and courage of the French in maintaining the dignitie and honour of their Kings Crownes bredde those auncient customes which in the sequence of many ages haue beene obserued and kept in vse This for one That no Legate of the Pope nor any of his rescripts nor mandates are admitted and receiued in France without licence from the King and vnlesse the Legate impart his faculties to the Kings Atturney Generall to be perused and verified in Court of Parliament where they are to be tyed by certaine modifications restrictions vnto such points as are not derogatorie from the Kings right from the liberties of the Church and from the ordinances of the Kingdome When Cardinal Balva contrary to this ancient forme entred France in the yeare 1484. and there without leaue of the King did execute the Office and speed certaine Acts of the Popes Legat the Court vpon motion made by the Kings Atturney Generall decreed a Commission to be informed against him by two Councellors of the said Court and inhibited his further proceeding to vse any faculty or power of the Popes Legate vpon paine of beeing proclaimed rebell In the yeare 1561. Iohannes Tanquerellus Batchelor in Diuinitie by order of the Court was condemned to make open confession that hee had indiscreetly and rashly without consideration defended this proposition The Pope is the Vicar of Christ a Monarke that hath power both spirituall and secular and he may depriue Princes which rebel against his cōmandements of their dignities Which proposition howsoeuer he protested that he had propounded the same onely to be argued and not iudicially to be determined in the affirmatiue Tanquerellus neuerthelesse was compelled openly to recant Here the L. Cardinal answers The historie of Tanquerellus is from the matter because his proposition treateth neither of heresie nor of infidelitie but I answer the said proposition treateth of both for as much as
if he shal make his owne coffers to swell with an others reuenewes if he shall decke and array his owne backe in the spoyles of a sinner with whom in absolution he maketh peace and taketh truce what can this be else but running into further degrees of wickednesse and mischiefe what can this be else but heaping of robbery vpon fraud and impiety vpon robbery For by such deceitfull crafty and cunning practises the nature of the Pontificiall Sea meerely spirituall is changed into the Kings-bench-Court meerely temporall the Bishops chaire is changed into a Monarchs Throne And not onely so but besides the sinners repentance is changed into a snare or pit-fall of cousening deceit and Saint Peters net is changed into a casting-net or a flew to fish for all the wealth of most flourishing Kingdomes Moreouer the King a hard case is driuen by such wyles and subtilties to worke impossibilities to act more then is lawfull or within the compasse of his power to practise For the King neither may in right nor can by power trans-nature his Crowne impaire the Maiestie of his Kingdome or leaue his Royall dignitie lesse free to his heire apparant or next successor then he receiued the same of his predecessor Much lesse by any dishonourable capitulations by any vnworthy contracts degrade his posteritie bring his people vnder the grieuous burden of tributes and taxes to a forraine Prince Least of all make them tributary to a Priest vnto whom it no way appertaineth to haue any hand in the ciuill affaires of Kings or to distaine vnhallow their Crownes And therefore when the Pope dispatched his Nuntio to Philippus Augustus requesting the King to avert Lewis his sonne from laying any claime to the Kingdom of England Philip answered the Legat as we haue it in Math. Paris No King no Prince can abienate or giue away his Kingdome but by consent of his Barons bound by Knights seruice to defend the said Kingdom and in case the Pope shall stand for the contrary error his Holinesse shall giue to Kingdomes a most pernicious example By the same Authorit is testified that King Iohn became odious to his subiects for such dishonorable and vnworthie inthralling of his Crowne and Kingdome Therefore the Popes right pretended to the Crowne of England which is nothing else but a ridiculous vsurpation hath long agoe vanished into smoake and required not so much as the drawing of one sword to snatch and pull it by violence out of his hands For the Popes power lying altogether in a certaine wild and wandring conceit or opinion of men and beeing onely an imaginary castle in the ayre built by pride and vnderpropped by superstition is very speedily dispersed vpon the first rising and appearing of the truth in her glorious brightnesse There is none so very a dolt or block-head to deny that in case this right of the Pope ouer England is grounded vpon Gods word then his Holinesse may challenge the like right ouer all other Kingdomes because all other Kingdomes Crownes and Scepters are subiect alike to Gods word For what priuiledge what charter what euidence can France fetch out of the Rolles or any other treasurie of her monuments or records to shew that she oweth lesse subiection to God then England Or was this yoke of bondage then brought vpon the English Nation was it a prerogatiue whereby they might more easily come to the libertie of the sonnes of God Or were the people of England perswaded that for all their substance wealth and life bestowed on the Pope his Holinesse by way of exchange returned them better weight and measure of spirituall graces It is ridiculous onely to conceiue these to yes in thought and yet with such ridiculous with such toyes in conceit his Lordship feedes and entertains his auditors From this point he falleth to an other bowt and fling at his heretikes with whom he played no faire play before There is not one Synode of ministers as he saith which would willingly subscribe to this Article whereunto we should be bound to sweare But herein his Lordship shooteth farre from the mark This Article is approued and preached by the Ministers of my Kingdome It is likewise preached by those of France and if neede be I assure my selfe will be signed by all the Ministers of the French Church The L. Cardinall proceedeth for hee meaneth not so soone to giue ouer these heretikes All their Consistories beleeue it as their Creede that if Catholike Princes at any time shall offer force vnto their conscience then they are dispensed withall for their oath of allegiance Hence are these modifications and restrictions tossed so much in their mouthes Prouided the King force vs not in our conscience Hence are these exceptions in the profession of their faith Prouided the Soueraigne power and authoritie of God be not in any sort violated or infringed I am not able to conceiue what engine can be framed of these materialls for the bearing of Kings out of their eminent seats by any lawfull authority or power in the Pope For say those of the Religion should be tainted with some like errour how can that be any shelter of excuse for those of the Romish Church to vndermine or to digge vp the Thrones of their Kings But in this allegation of the Lord Cardinal there is nothing at all which doth not iumpe iust and accord to a haire with the Article of the third Estate and with obedience due to the King For they doe not professe that in case the King shall commaund them to doe any act contrarie to their conscience they would flie at his throat would make any attempt against his life would refuse to pay their taxations or to defend him in the warres They make no profession of deposing the King or discharging the people from the oath of allegiance tendred to the King which is the very point or issue of the matter in controuersie and the maine mischeife against which the third Estate hath bin most worthily carefull to prouide a wholesome remedie by this Article There is a world of difference betweene the termes of disobedience and of deposition It is one thing to disobey the Kings commaund in matters prohibited by diuine lawes and yet in all other matters to performe full subiection vnto the King It is another thing of a farre higher degree or straine of disloyaltie to bare the King of his Royall robes throne and scepter and when he is thus farre disgraced to degrade him and to put him from his degree and place of a King If the holy Father should charge the L. Cardinal to doe some act repugnant in his owne knowledge to the Law of God I will religiously and according to the rule of charity presume that his Lordship in this case would stand out against his Holinesse and notwithstanding would still acknowledge him to be Pope His Lordship yet prosecutes and followes his former purpose Hence are those armes which they haue oftentimes
barke so as they could not bring the seruice which they had vndertaken to any good passe because they stood in a bodily feare of their owne hydes Not long after the Cardinal of Capua was in the like taking For he durst not bring the Realme within the limits of the interdict before he was got out of the limits of the Kingdome The King herewith incensed thrust all the Prelates that had giuen consent vnto these proceedings out of their Sees confiscated their goods c. To the same effect is that which wee reade in Math. Paris After the Pope had giuen his Maiesty to vnderstand by the Cardinal of Anagnia that his Kingdome should be interdicted vnlesse hee would be reconciled to the King of England the King returned the Pope this answer that he was not in any sort afraid of the Popes sentence for as much as it could not bee grounded vpon any equity of the cause and added withall that it did no way appertain vnto the Church of Rome to sentence Kings especially the King of Fraunce And this was done saith Iohannes Tilius Register in Court of Parliament at Paris by the counsell of the French Barons Most notable is the example of Philip the Faire and hits the bird in the right eie In the yeere 1032. the Pope dispatched the Archbishop of Narbona with mandates into France commaunding the King to release the Bishop of Apamia then detained in prison for contumelious words tending to the Kings defamation and spoken to the Kings owne head In very deede this Pope had conceiued a secret grudge and no light displeasure against King Philip before namely because the King had taken vpon him the collation of benefices and other Ecclesiasticall dignities Vpon which occasion the Pope sent letters to the King of this tenour and style Feare God and keepe his commaundements We would haue thee knowe that in spirituall and temporall causes thou art subiect vnto our selfe that collating of benefices and prebends doth not in any sort appertaine to thy office and place that in case as keeper of the spiritualties thou haue the custodie of benefices and prebends in thy hand when they become void thou shalt by sequestration reserue the fruites of the same to the vse and benefit of the next incumbents and successors and in case thou hast heretofore collated any we ordaine the said collations to bee meerely void and so farre as herein thou hast proceeded to the fact we reuoke the said collations We hold them for hereticks whosoeuer are not of this beleefe A Legate comes to Paris and brings these brauing letters By some of the Kings faithful seruants they are violently snatched and pulled out of the Legates hands by the Earle of Artois they are cast into the fire The good King answers the Pope and payes him in as good coyne as he had sent Philip by the grace of God King of the French to Boniface calling and bearing himselfe the Soueraigne Bishop little greeting or none at all May thy exceeding sottishnesse vnderstand that in temporall causes we are not subiect vnto any mortall and earthly creature that collating of benefices and prebends by Regall right appertaineth to our office and place that appropriating their fruites when they become voide belongeth to our selfe alone during their vacancie that all collations by vs heretofore made or to be made hereafter shall stand in force that in the validitie and vertue of the said collations we will euer couragiously defend and maintaine all Incumbents and possessors of benefices and prebends so by vs collated We hold them all for sots and senselesse whosoeuer are not of this beleefe The Pope incensed herewith excommunicates the King but no man dares publish that censure or become bearer thereof The King notwithstanding the said proceedings of the Pope assembles his Prelates Barons and Knights at Paris askes the whole assembly of whome they hold their Fees with all other the Temporalties of the Church They make answer with one voice that in the said matters they disclaime the Pope and know none other Lord beside his Maiestie Meane while the Pope worketh with Germanie and the Lowe Countries to stirre them vp against France But Philip sendeth William of Nogaret into Italy William by the direction and aide of Sciarra Columnensis takes the Pope at Anagnia mounts him vpon a leane ill-fauoured iade carries him prisoner to Rome where ouercome with choller anguish and great indignation hee takes his last leaue of the Popedome and his life All this notwithstanding the King presently after from the successors of Boniface receiues very ample and gratious Bulls in which the memorie of all the former passages and actions is vtterly abolished Witnesse the Epistle of Clement 5. wherein this King is honoured with prayses for a pious and religious Prince and his Kingdom is restored to the former estate In that age the French Nobilitie carried other manner of spirits then the moderne and present Nobilitie doe I meane those by whome the L. Cardinal was applauded and assisted in his Oration Yea in those former times the Prelates of the Realme stood better affected towards their King then the L. Cardinal himselfe now standeth who could finde none other way to dally with and to shift off this pregnant example but by plaine glosing that heresie and Apostasie was no ground of that question or subiect of that controuersie Wherein hee not onely condemnes the Pope as one that proceeded against Philip without a iust cause and good ground but likewise giues the Pope the lie who in his goodly letters but a little aboue recited hath enrowled Philip in the list of heretiks He saith moreouer that indeed the knot of the question was touching the Popes pretence in challenging to himselfe the temporall Soueraingntie of France that is to say in qualifying himselfe King of France But indeed and indeede no such matter to be found His whole pretence was the collating of benefices and to pearch aboue the King to crowe ouer his Crowne in Temporall causes At which pretence his Holinesse yet aimeth still attributing and and challenging to himselfe plenary power to depose the King Now if the L. Cardinal shall yet proceede to cauill that Boniface 8. was taken by the French for an vsurper and no lawfull Pope but for one that crept into the Papacy by fraud and symonie hee must bee pleased to set downe positiuely who was Pope seeing that Boniface then sate not in the Papall chaire To conclude If hee that creepeth and stealeth into the Papacie by symonie by canuases or labouring of suffrages vnder hand or by bribery be not lawfull Pope I dare bee bold to professe there will hardly bee found two lawfull Popes in the three last ages Pope Benedict in the yeare 1408. being in choller with Charles 6. because Charles had bridled and curbed the gainefull exactions and extorsions of the Popes Court by which the Realme of France had been exhausted of their treasure sent