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A68462 The right, and prerogatiue of kings against Cardinall Bellarmine and other Iesuites. Written in French by Iohn Bede, aduocate in the court of Parliament of Paris, and published by authority. Translated by Robert Sherwood.; Droit des roys, contre le cardinal Bellarmin et autres jésuites. English. Bédé de la Gormandière, Jean.; Sherwood, Robert. 1612 (1612) STC 1782; ESTC S113797 80,394 213

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at Arles and the sixt most famous of all at Francfort in which he himselfe was present in person and there condemned the errour of Felician and the Councell of Nice falsely called the seuenth generall Councell Sigeb in the yeare 773. Now in this place it is worth the obseruing that the election of Byshops and Arch-bishops yea of the Bishop of Rome was subiect to the confirmation of the Emperour for want of inuestiture made by him they should not haue bene consecrate as the Canons do witnesse Can. Vota can Agatho 63. dist where wee read the confirmation of Saint Ambrose by the Emperour Valentinian From this ancient prerogatiue common to the Emperours it commeth that Charlemagine hauing parted the Empire and agreed with the Emperour of the East assembled a Councell at Rome that hee might make passe a new title in his person and an acknowledgement by the Clergy touching this authority to confirme Byshops which from all antiquity belonged to the Emperours his predecessors Whence it is manifest that the Popes haue absurdly termed this declaration and acknowledgement a priuiledge and fauour of Rome or gratification to King Charles the Great for it is a right and prerogatiue common antient and Diuine And at that time was made the Cannon Hadrianus Can. Hadrianus Can. in Synodo 63. distinct and after th●● which beginneth In Synodo which truth is farre from the doctrine of the Cardinall Iesuite who would faine perswade the people that the authority of Emperours and Kings is grounded on the good liking and fauour of the Pope and that they cannot vse the same longer then it pleaseth him Now a while after crept in the question that so much troubleth the world about the interpretation of these wordes of our Sauiour This is my body For the cleering of which point and to know the meanes whereby a Christian man Communicates in the merite of the death and Passion of our Lord and Sauiour King Charles the Balde who beganne to raigne in the yeare eight hundred fourty and one went not out of his owne kingdome to seeke the vnderstanding of those wordes of the Gospell in the Court of Rome but consulted with one of the most learnedst Clegy-men of his subiects named Bertram a Priest whose discourse wee haue yet worthy to bee preserued for by it wee may learne that the opinion pretended to be new in these daies was as then esteemed most ancient And if it would please the Disciples of Loyola to referre themselues to this good Priest there would be no more disputing in France about the Sacramental words neither should wee debate so much about hoc est yea if they were sent for the peace of the Church Thus wee haue shewed how our Kings haue maintained their right and authority during the two first races in which time was preached none other doctrine then that of the ancient Canons which haue these words It is a generall paction (a) Can. quae contra 8. dist 93. in summa 94. dist c. qui culpatur 23. q. 3. textus gl cap. Si Episc 18. dist of humane society to obey the Prince Which was confirmed by the example of the King of Israel who commanded Hilkijah the high Priest and by the testimony of Saint Hierome saying Wee must (b) Cap. principibus 23. q. 5. be faithful to Princes and Superiour powers otherwise none can hope for reward at Gods hands Now among other Kings the Canonists themselues say that the King of France is the (c) Cardin. Clem. 1. pr. de immunit Eccl. King of Kings that he shineth among others as the morning starre (d) Bard. ca. 1. §. 1. de prohi feud alien Idem Consil 415. part 1. Notwithstanding the great extent of countries that the King of Spaine possesseth at this present by the meanes in history declared For yet at this day he is your Maiesties Leige-man both for Maiorca (e) Petrus Iac. in pract sub rubr de success regnum vers item nō aduertunt De Grassalio 1. iure li. 1. Regaliar a Fiefe of Magalon a Church of Gaule Narbonnois and for the Earledome of Flanders which belongs (f) Gaguin li. 4. 5. c. 1. Bald. Anth. statuimus v. iuxta hoc C. de Episc Cler. to the iurisdiction of the Parliament of Paris and is chiefest of the three Earledomes numbred among the Peeredomes of France Neither can the Kings renunciation being prisoner make to the contrary forasmuch as the feare of being still detained hindred it to bee a full consent and maketh the pretended ratification for the Kings children were then prisoners in Spaine Itaque semper suberat metus causa Imo per filios pater plerumque magis torquetur and the (g) Cardin. consilio 137. incipiens Redemptor Mar. soz consilio 53. example of the King of Cyprus serueth well to this purpose Secondly the King of Spaine cānot preuaile with this consent because the right and iurisdiction thereof being a royall (h) Lucas de Penna l. quicunque 11. lib. Cod. de omni agro de sero demaine belonging to the Crowne cannot be alienated This royall dignity so high aduanced in euery kingdome was the cause that the Canonists made no difficulty as in these daies the Iesuites do to acknowledge the King for the Vicar of IESVS CHRIST in his owne (i) Felinus ca. cum non liceat de praescr Bal. cap. significantibus de off delegati Kingdome yea they entituled him corporall God and Gods (k) Bald. de loco prohibit feud alien de pace Constantiae delegate vpon earth these are their termes We haue had also many kings in such reputation with the Clergy that no Prelate aduentured to approue parricides or to absolue their subiects from their obedience but haue Canonized them and inrolled them in heauen Such do Hystories report to bee king Dagobert Charles the Great and Saint Lewis vnto which number mauger the enemies of the State wee will adde Henry the Great your Maiestes father an excellent and most valiant Prince and Martyr In like number is acknowledged in this kingdome certaine markes and testimonies of a speciall fauour of God granted to our Kings the gift of healing the Kings-euil the oyle of vnction the Flower-deluces and the Oriflambe or holy-standerd of France whereas all antiquity fabulous or true haue giuen but one Palladium to great Troy but one Buckler to stately Rome and but one signe of the Crosse in heauen for a presage of victory to the good Emperour Constantine Which prerogatiues acknowledged by Popes caused Innocent the fourth to grant tenne daies of indulgence (l) Thom. 4. sent q. 19. art 3. in sol vlt. arg gl in v. teneretur in proem prag sanct to them that should pray for the King and Clement added an hundred more Now for asmuch as the King of France is so absolute thence it cōmeth that his kingdome is not reckoned among the Fiefes for he doth
him was to make warre against God for saith that prodigious murtherer God is the Pope and the Pope is God Further there was found about him a Character with a heart of Cotten hung about his necke hee shewed to the Iesuite D'Aubinie who confessed him and heard his visions of Hosties a knife whereon was grauen a Heart and a Crosse and with what sort of mē were the prisons filled after this fact but with such as were infected with heresies preiudiciable to the State and to the Church I beseech your Maiesty pardon my zeale grounded vpon that I know as one of your faithfull seruants pardon the iust griefe of a subiect passioned against the parricide committed on two of his Kings Giue mee leaue my Lord to shedde true teares for the death of your Royall Father suffer me to lament for my Abimelec Ier. 4.20 of whom I said in my heart I will liue amidst the nations vnder his shadow vnder his Edict by whose benefite seeing I haue permission to speake and write the truth I haue presented it to your owne hands not to renew sorrowes passed but to preuent them that are to come For iudge I beseech you how much it importeth to make apparant vnto your Maiesty that Popes are not Gods that they may erre that they forget themselues against God the King to the end that in discouering the cause of this euill I may leaue vnto your Maiesties wisedome to remedy the same when time and age shall inuite you thereto Meane while till that time of perfect cure doth come these two preseruatiues seeme necessary for the two members which this disease would seize on and corrupt namely Piety and Iustice the Pillars of State For to what end would they cause the prudent Counsell of the Senate to bee despised but because they thinke to ouerthrow the State after the example of Rehoboams new Counsellours What arrogant presumption to censure the Sentences of that great Senate Iudge of the Empire sometime Arbiter of Europe and to what other end do they procure with so great importunity delayes of so holy iudgements And wherefore else hinder they the en-registring of the decrees of the Sorbonne so Canonicall Why do they terrifie and amerce the Preachers that speake the truth Courage ye good and loyall seruants that hide not but vse your Talent Serue God and the King Mat. 15.14 Luk. 19. and you shall enter into the ioy of your Lord For my part which is all I can doe for you I would engraue you in this memorial if your modesty did suffer it and that the hatred to which I expose my selfe were not cōmunicated to you For as for vs 2. Tim. 1.7 God hath not giuen vs the Spirit of feare but of strength and of loue and of a setled mind And if a Souldier for being praised of his Captaine will runne against the points of pikes cast himselfe into the trench and despise the fury of Canons what would a Frenchman Burgesse of the capitall City doe on so high a stage of Europe fighting for the honour of God and the seruice of his King Abeant questus discede timor vitae est auidus quisquis non vult mundo secum pereunte mori Now my Lord letting iustice bee administred as you doe according to her ordinary course your Maiesty shall bee the better serued and shall not incurre enuy in your person not being of age to employ your priuate authority in giuing extraordinary commandements and the Queene shall euer bee better obeyed gouerning herselfe as shee doth by the ancient Lawes of the State and ordinary course of iustice whereas if she let herselfe bee carried away with importunities many inconueniences would ensue For these men get ground of vs and go by degrees hauing bene first refused of all the orders and estates after that receiued with modification and now would driue out them that oppose themselues to their designes And if for the installing of these new Doctors this reason bee found good not to displease him that sendeth them what will not be done vpon this ground must wee renounce the most faithfull confederates of France who haue expelled cast them off neuer to receiue them more into their States and Common-wealthes must wee renew warre against them that acknowledge not this new power and not keepe our faith with them any longer then it shall please that Spirit of discord And if it bee thought vnfit to bring vs to such a misery wherefore do some counsell to repeale the causes Yea rather wee should resist the beginning And because that vnder pretence of maintaining Religion such men slily infect weake soules with maximes against the State The second remedy is taken from the other pillar of the State to wit The Vniuersity Piety that must be aided strengthened in the body of the Vniuersity which is not destitute of learned men as some calumniate This Vniuersity hath bene euer called in France Du Tillet of the liberties of the Church the keeper of the key of Christianity And it was the same that appealed from the Bull of Pope Pius the second and caused their protestations to bee en-registred in the Court of the Chastelet And Maister Iohn de S. Romain the Kings Attorney generall did the same actions as your Maiesty seeth done by your Aduocate generall Maister Sernin a man both learned couragious and incorruptible in iustice and in the seruice of his Prince Out of this Vniuersity King Lewis the twelfth tooke sixe Doctors for Counsellours of Estate It was this Vniuersity that ceased the massaker stirred vp by the Duke of Burgundy proclaimed through the streetes peace good people vnder the raigne of King Charles the sixt Out of this body were taken the sixe Doctors that decided the question now againe brought to be discussed of in Court Whether it be iust to assist the confederates of France against the will of the Pope when Pope Iulius excommunicated Alfonsus Duke of Ferrara whom King Lewis the twelfth assisted by the aduise of the Gallicane Church assembled in Councell at Tours in the month of September Anno. 1510. And although King Henry the Great followed onely the steppes of his Predecessours and the decisions of Catholicke Doctors neuerthelesse wee haue perceiued with an extreme mischiefe the effects of a pernitious doctrine the obstacles they would haue brought against the succour promised to the confederates of the Crowne for remedy whereof it seemeth that the exhortation of the Curates your Maiesties seruants and of the Doctors of Sorbonne will bee very necessary together with the writings of the most learned whom your Maiesty shall please to chuse for although armes bee seemely neere about your Maiesty yet is it no lesse profitable to prepare the affections of the subiects in such sort that armes may bee more for ornament then necessary for the safety of the Prince and that such men may bee employed herein as haue in their mindes an
him he had not that preheminence ouer other Bishops before it was giuen to him by the Emperour for as no man can giue that which he hath not so none receiueth that of gift which by right pertaineth to him Thirdly it being but an humane priuiledge it followeth that it is not a right common nor diuine consequently subiect to confirmation and reuocation in case of abuse especially being (a) Guido pp. q. 239. Decius Cons 191. 1 parte Lucas de Penna l. quicunque de omni agro deserto l. 11. c. Can. Intelecto de iureiur gl verbo depereunt in proemio prag sanct l. 1. 2. Cod. Theod. de Epis cler lib. 6. Nouel vt Cler. 83. §. Si tamen coll 6. a domaniall right it could not bee alienated by the Emperour And therefore Popes ought not be vnthankefull towards the Kings that haue aduanced them Phocas gaue thē the name Pepin gaue them the reuenue Constantine granted nothing at first to Bishops but an exemption frō tutelle and gatherings of monies Constantius his sonne added vnto them that they should not bee criminally proceeded against before the Iudges royall that their faults might not bee published And Iustinian extended the priuiledge to all Ecclesiasticall persōs not to with-draw thē from vnder his obedience but that he might do them speedier iustice with lesse scandale Which priuiledges haue bene confirmed by Christian Kings not without exception neither in all sortes of crimes for Princes from whom as from the fountaine all inferiour Iustices are deriued and who are perpetuall moderatours of subalternall iustices doe neuer grant any priuiledge against themselues for these causes haue they excepted certaine cases properly called Cases Royall and improperly called priuiledged Cases for they bee cases excepted from the priuiledge granted to Ecclesiasticall subiects or others of which Iustice is done by the Kings Officers because they very notably concerne the King As when any matter of high treason is in hand or of bearing armes of the Kings safegard infringed of iniury done to one of the Kings Officers performing his Office Item If a Priest in some office for the King behaue himselfe ill and many others For as much therefore as the King is himselfe priuiledged aboue the priuiledge that he granteth it is manifest the error which these men publish for the aduantage of their head that it was a priuiledge granted to the King by the Pope hauing no other ground then the equiuoke of the word Priuiledged Case But since they haue passed further and if Kings and their seruants any longer winke at it they will effect that they teach and already they are about it they attribute to themselues a double power the keyes and the sword heauen and earth Spirituall and Temporall euen to the deposing of Kings and Soueraigne (a) Can. Alius 15. q. 6. Princes dispensing their (b) Can. Engeltrudam cau 3. q. 4. subiects from their obedience and not onely proceeding to excommunicate and anathematize them which is the most rigorous censure cutting off from the communion of charity and faith but also to cut them off out of the world to giue them ouer to the first murtherer that will attempt against them who shall not be iudged (d) Can. Excommunicatorum 23. q. 5. a murtherer by the doctrine of the Popes new Canons Thus after they haue said that whatsoeuer thing Princes ordaine in Ecclesiasticall matters Can. 1. dist 96. they ought to haue no authority they passe vpon their liues and states a doctrine contrary to the discipline of the Apostles and humility of Saint Gregory writing to the Emperour Mauritius Lib. 2. Epist 61. in dict 11. I the vnworthy seruant of your piety c. and he concludeth I haue therefore caused your commandement to bee published but because the same is not comformable to the Law of God I haue therefore aduertised your Maiesty and so haue acquitted my selfe of my duty in obeying the Emperour and yet not being silent in Gods cause And we must not thinke that hee saith one thing and meaneth another for in those daies there was no schoole of equiuocation and speaking in humility he also spake the truth for as saith Saint Augustine Serm. 29. de verbo Apostoli tom 10. When thou liest by humility though peraduenture thou wert not a sinner before yet in lying thou becommest one Now they not onely refuse to bee subiect but also change the censure ordained for a spirituall remedy of the soule into a perpetuall confiscation of goods and mortall bane of mens bodies And the pretended temporall Lord is more rigorous then any other for let the seised doe the best endeuour hee possible can yet the seizure abideth stil and the effect of the proscription to the profite of the vsurper And indeed was it euer spoken of at Rome to cause Nauarre to be restored and to excommunicate the vsurper But with what importunity doe they bring in the Heraulds of such power to make vs allow both the title and the possession against the Kings right From the same ground proceed the vnreuerend behauiours of the members belonging to this mixt authority of some against the Princes of bloud others against Courts of Parliament and by degrees against the Kings Officers And least any more speech should bee made as in time past was by the Emperour Ferdinand and Lewis the twelfth to reforme both the head and members These vpstart busie-bodies haue come to helpe by entertaining our diuisions in religion in steed of quenching them faining that they come to reforme abuses among them replying against others which require a Councell that their opinions haue bene already sufficiently condemned and that there needeth no more Councels as if vniust iudgements against lawfull proceeding were a Law against a third which hath not beene heard nor called If this maxime were true there would haue bene no Councels holden of very many yeares and places of Iustice should be shut vp CHAP. X. That it is one of the most pernicious heresies to despise the King THIS title will not be held a paradox by good men who know that the seruice we render to the King proceedeth from the ordinance of God For though many heathen nations haue performed this duty yet not hauing the knowledge of Gods cōmandement nor an intention to obey the same they haue respected only their owne particular that they might preserue their policies and therefore such vertues meerly moral are not allowable before the throne of Gods iustice For whatsoeuer is not of faith is sin Rom. 14.13 So we may say that the equall diuision of spoile among theeues is not a true execution of iustice but a shadow therof that there society may the longer continue which if contention should arise amōg thē could not long endure And therfore as the final cause is vitious so the meanes wherby they attaine the same ought not to be held lawfull In like maner all