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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A04991	The argument of Mr. Peter de la Marteliere aduocate in the Court of Parliament of Paris made in Parliament, the chambers thereof being assembled. For the Rector and Vniuersitie of Paris, defendants and opponents, against the Iesuits demandants, and requiring the approbation of the letters patents which they had obtained, giuing them power to reade and to teach publikely in the aforesaid Vniuersitie. Translated out of the French copie set forth by publike authoritie.; Plaidoyé de Pierre de la Martelière ... pour le recteur et Université de Paris ... contre les Jesuites. English	La Martelière, Pierre de, d. 1631.; Browne, George, lawyer.; Université de Paris.	1612 (1612)	STC 15140; ESTC S108203	61,909	128

of them then when father Claude Matthew shewed at Rome the memories and remembrances for the hastning and aduancing of our miseries and troubles and they hauing proceeded so cunningly that of 37. Bulles which they haue obteined they neuer shewed any but those which least seemed to fauour them because they would not discouer the great recompences which they receiue for endeuouring to bring the Papal dignity to this height that there should be nothing either in the spiritualty or temporalty which should not become subordinate vnto it excepting only their Generall for the better effecting whereof their Bulles containe in them absolution from all excommunications which they might incurre a iure vel ab homine to the end that no respect of duty or of any obligation whatsoeuer might retaine and withhold them in setting forward this businesse And as the Iesuites in excuse of themselues alleadge that they were not the first authors of this absolute power Otho Frisingensis hauing obserued that it began vnder Gregorie the 7. vpon occasion of the inuestitures and was continued vnder Gregorie the 9. so are we to admire the sage prouidence of the Almighty who preserued in the schoole of Sorbonne founded about the same time the treasure of the truth contrary vnto that which the Iesuites propose vnto vs as the first and chiefe article of our faith The schoole of Paris hath alwaies taught that the primacie of Saint Peter and his successours Popes of Rome is by the law diuine in honor and reuerence whereof the Church antiquity the Christian Princes haue granted and attributed vnto the holy Sea many great priuiledges prerogatiues which are by the law humane that Iesus Christ immediatly after him and proportionably sending forth his Disciples and Apostles gaue vnto them all equally and indiuidually the power of the keies and that this mission is a reall conferring of power and iurisdiction euen as all the members of a naturall body although they are inequall in dignity doe proceed immediatlie from nature by reason whereof the estate of the Church is Monarchicall tempered with an Aristocraticall gouernement of Bishops and Priests as it were a Senate the most free and perfect estate which that can be imagined Whence it ariseth that the certaine and infallible authority for the resolution of points of religion doth reside in the whole Church and not in the head alone that by reason hereof Councels are necessarie for the gouernment thereof the conclusion of whose decrees and Canons by reason of the plurality of voices the Pope himselfe is bound to obserue without being able to dispence therewithall but in case where the Church being assembled in councell would haue giuen dispensation namely where it concerneth the good of the vniuersall Church and not of particulars which is the solide foundation whereon the liberties of our Church of France are grounded Hence it ariseth likewise that the decrees Buls censures and excommunications of the Popes yea the Bull in coena Domint and the counsell of Trent as farre as they concerne the ciuill gouernment do no way binde nor may be executed before they haue beene first approued receiued and published by the Councell and Aristocraticall order of the Ordinaries of the places which ought to put them in execution and cause them to be obserued that the sacred elections which succeeded the mission and vocation immediatlie made by our Sauiour Christ do appertaine vnto the Church both by the law of God and nature as it appeareth in the 1. and 6. Chapter of the Acts of the Apostles by the counsels of Nise and Basil and by the ordinances of our King S. Lewes and Charles the seuenth That the Pope is the dispensator and Steward and not Lord of benefices that he cannot trouble the ordinaries in their functions nor depriue them of their benefices without lawfull cause and without the Counsell of the Church according vnto that which Saint Gregorie hath written and is inserted in the bodie of the Canon law can ecce dist 99. and S. Bernard lib. 3. de consideratione cap. 4. and Gersson in his booke of the Ecclesiastical power consid 12. and in the treatise which hee hath made concerning the Estates of the Church Contrartwise the Iesuites teach that it suffiseth not to beleeue that the primacie of Saint Peter is by the law of God but that for a more accomplished gouernment of the Church we must acknowledge a Monarchicall vniuersal absolute and infallible power ouer all Christians yea in that which concerneth the temporalty for to giue them lawes and directions yea in Ciuil matters no otherwise then doth the reasonable soule rule the body and affections of man this is the doctrine of Cardinall Bellarmin in his booke de Rom Pontifice of Salmeron in his fourth Tome and the third part the fourth treatise explaining that place of Saint Matthew Dabo tibi claues regni caelorum I will giue thee the keies of the Kingdome of heauen of his commentaries vpon the 13 chapter of the Romains and in the fourth disputation of Ludouicus Molina the 2. treatise de iustitia iure the 29. disputation of Azorius in the second part of his morall institutions the 4. book and 19. chapter and of his 21. booke the 3. and 5. chapter of Gregorius de Valentia in his commentaries of Magallianus in the beginning of his commentaries of the Ecclesiasticall Hierarchie to which absolute power their principall and most secret vow the first foundation and motion of their institution and Order being tied we haue small reason to doubt but that this is the common and certaine receiued doctrine of all their society They adde moreouer that Iesus Christ hath giuen the keies with all Ecclesiasticall power to S. Peter alone and to his successors for to distribute the same amongst the Apostles Bishops and Priests according as they shal thinke it fit whence it followeth of necessity that the institution of Bishops and Curats is not by the law diuine and that the Church is a pure soueraignty which ought to depend on the will of the Pope alone whereupon the Iesuits found their great power to the preiudice of Bishops Curats and Prelates taking vpon them more authority ouer the flockes of other men then the Pastors themselues And indeed by the Bulles of Gregory the 13. of the yeere 76. and 84. besides that they are exempted from the iurisdiction of all Ordinaries as well secular as regular all command is attributed vnto them and they are constituted to be as it were superintendents in the Church whence it ariseth that they vsurpe vpon the charges of all Ecclesiasticall persons bee it either in administring the sacraments or in any other function whatsoeuer at this day the Penitentiary of my Lord the Bishop of Paris although it be furnished with three most sufficient doctors in diuinity renowned for their integrity yet is it in a manner forsaken abandoned in respect of the Oratory of the Iesuits and the Catholike

Church of England being destitute of Bishops by their monopoly is depriued of the holy sacrament of confirmation Where it is easie to be knowne whether those of the Sorbonne of Paris who haue alwaies mainteined hierarchical order and the dignity of Bishops haue from the yeer 1554. rightly coniectured of their design which is to withdraw from the ordinaries the obedience and subiection due vnto thē if the Iesuits may be sēt forth as Bishops and Curates and by this fulnesse of power haue more authority then the lawfull pastors the Bishops should be but as Vicars destituable at their pleasur S. Paul saith that the power was giuē him not to destroy but to edifie and made scruple to preach the Gospell where Christ should haue bin already preached ne superalienū fundamentū aedificaret Ro. 15. Rupertus interpreting the words of S. Iohn 4. chap Vt cognouit Christus c. saith that the great Mr. of Humility hath taught all the doctors of the Church of the houshold of faith not to intermeddle with nor pester the charges cures one of another although that he were the sun the light it selfe yet he would not manifest himselfe nor shine there where Saint Iohn had first begun to shewe his borrowed light can it be imagined that it is possible to substitute one in the place of the father of the familie with the same power and authority as hee hath to whom nature hath appointed it or as Gerson saith that the ordinarie Pastors which are accountable and answerable before God for their flocke should not haue the guiding and gouernment thereof to conclude that a stranger should haue more priuacie with the wife then the lawfull spouse This is against the aduise of Saint Gregory Non ego honorem esse puto saith he in quo fratres honorem suum perdere cognosco meus namque honor est honor vniuersalis Ecclesiae meus honor fratrum meorum solidus vigor tune ego vere honoratus sum cum singulus quibusque honor debitus non negatur I doe not thinke any honor to bee done vnto mee in that whereby I know that my brethren loose their honour for my honor is the honor of the vniuersall Church my honour is the soliderigour and courage of my brethren then am I truly honored when euery one in particular hath not his due honor and respect denied him Bern. 3. Consid cap. 5. And S. Bernard saith honorū ac dignitatū gradus ordines quibusque suos seruare positi estis nō inuidere You are apointed to preserue maintain the degrees orders of eueryone in his particular place dignity not to enuy them Moreouer the Iesuits doe teach propose and maintaine that the Pope only is infallible the celebration of Councels is but for decencie onely vt facilius canones recipiantur That the Canons may bee more willingly receiued that the Synodall resolutions doe depend not only of the will of the Pope but that hee may dispence with them change and abrogate them when hee thinketh good that the sacred elections are neither from the law of God or nature and appertaine only to the Pope Cardinall Bellarmine in the first booke De clericis chap. 8. and that hee may dispose of benefices yea to the preiudice of the Patrons and of those vpon whom they are conferred etiam sine causa yea without any cause the proper tearmes of Emmanuel Sa in verbo Papa That the Buls constitutions censures and excommunications yea the Bull in coena Domini and the Councell of Trent in that which concerneth the ciuill Policie doe oblige the French men in conscience although the French Church neuer gaue consent thereunto nor did euer receiue them Azorius in the 5. booke the 3. chap. of his morall institutions If that the councels doe depend entirely of the authority and approbation of the Pope as they mainteine and the author of the Catholike institution perswadeth when as in reckoning vp those which are legitimate hee omitteth those of Constance and of Basil which can bee vpon no other ground but for want of being approued and allowed by the Popes as Mariana his Colleague hath written it followeth and see the mischiefe they runne headlong into that all the liberties of the French Church founded vpon the authoritie of the Councels are schismaticall since there is an higher ascendent then that of the Councels that the appellations which are interposed vpon this foundation are grosse abuses and are abhominable it followeth moreouer that the sacred elections haue not their beginning from the law of God that the Primitiue Church the Church of France haue beene in an error vntill the concordate King Frances betweene the first and Leo the fift that you my Lords doe vsurpe vpon the greatest part of the iurisdiction which you haue and the iustice which you sincerely exercise which the Councell of Trent attributeth to Ecclesiasticall persons As the doctrine of the Iesuits peruerteth the Hierarchicall order of the Church so doth it annihilate the authority of Princes and of politique lawes and drowneth it in the spirituall power and is herein as opposite and contrary to that which our Theologie doth beleeue as white is vnto blacke nor the sensuall appetite to reason and if that calamities past haue not wholy bereft vs of our memorie we may thinke it to be at this time the miraculous hand of God which when wee least thought vpon it seemed to lay open this occasion not only to make vs see but also feele and touch the cause of our sorrowes The Vniuersitie of Paris teacheth that the spirituall power is no lesse separated from the temporall then heauen is from earth The raigne of the sonne of God and of his Vicar our holy father is not of this world the Church ought not to vse beside the Ecclesiasticall censure and that for lawfull causes and in such forme and manner as is prescribed any other meanes but persuasion and not constraint her proceedings which ought to draw vs to eternall beatitude are simply aduise and direction and not force and rigor that it can in no sort appertaine vnto Ecclesiasticall men to meddle in secular affaires all their intermedling ought to be tied vnto the soule and conscience and their iurisdiction vnto those actions which follow and depend on the administration of the sacraments That by the law of God and nature Kings holding amongst men the highest place next and immediately vnder God haue all politique and ciuil power and that they alone haue power ouer all that which concerneth the temporalty and amongst all Princes of the earth our thrice christian Kings to whom it seemeth that God hath communicated the most liuely markes and representation of his image who doe not auow nor acknowledge that they hold of any one but God alone their scepter and their crowne which he hath had in his speciall protection well nigh from the time that the crowne of the Sauiour of the world

THE ARGVMENT of Mr. PETER de la MARTELIERE Aduocate in the Chart of Parliament of Paris made in Parliament the Chambers thereof being assembled FOR THE RECTOR AND VNIVERSITIE of Paris Defendants and Opponents against the Iesuits Demandants and requiring the approbation of the Letters Patents which they had obtained giuing them power to reade and to teach publikely in the aforesaid Vniuersitie Translated out of the French Copie set forth by publike Authoritie HONI SOIT QVI MAL Y PENSE ❧ Jmprinted at London and are to be sold neere S. Austins Gate 1612. TO THE HONOVRAble Sir THOMAS FLEMMING Knight Lord Chiefe Iustice of England MY Lord The same reason which first incited mee to vndertake this taske hath beene a principall motiue likewise emboldening me to offer it vnto your Lordships view and to presume to publish this discourse vnder the protection of your Lordships name The matter heerein handled is a notable famous controuersie arising between the ancient and renowned Vniuersity of Paris and the new and infamous yet cunning and powerfull sect of the Iesuits referred vnto the determination of Law Iustice and vpon the pleadings formally and iudicially argued and discussed the Actor a man of Law a learned and famous Aduocate as this his elaborate Argument doth sufficiently testifie and by a learned Doctor and Rector of the Vniuersity of Paris stiled os Themidis fori deliciae The persons and place before whom and where it was represented the Presidents and Counsellors in that great Court Parliament of Paris the sterne and guide of the Common-wealth and affaires of France the iustice and authority whereof amidst the cruell rage and tempests of ciuill wars as a firme anchor vpheld and preserued the same from most apparent shipwracke As then it cannot be accounted I trust superfluous and impertinent in me whose studie is conuersant in the Lawes of this Kingdom to intermeddle with that which is within the compasse of my profession and to ioine the view of the Lawes customes of other Nations and their manner of proceeding with those of our owne since that all humane Lawes haue but one soule which is reason one onlie function which is the peace and quiet of Estates and Common-wealths So I hope it will not be deemed presumption or rashnesse in that I present it vnto your Lordship who worthily presideth in a supreme Court of Iustice not inferiour vnto that of Paris in regard either of antiquity or Maiestie the Basis and pillar of this great Monarchie the firme supporter of the roiall Crowne and dignity To you my Lord who in regard of the place to which your worth learning piety eminent virtues haue iustly aduanced you do bear that honorable stile of Lord Chiefe Iustice a most significant title denoting the speciall charge and interest wich is committed vnto your Lorship in the execution of Iustice which you most sincerely wisely and religiously doe exercise with all integrity moderation to you who by reason here of are of the Law and professors thereof Deus tutelaris a Patron and Protector and therefore what our industry can effect is but a smal acknowledgement retribution of duty to be offered and dedicated vnto you Besides the subiect of this discourse is chiefely against that new excesse of impietie and King-daring doctrine of the Iesuites which like a contagious disease hath infected all the quarters of Europe bred strange combustions in Estates and bene the cause of most desperate attempts against the venimous poison whereof there is not a more forcible preseruatiue then the seuerity of your Iustice nor hath there bene euer any stronger bulwarke defence of the sacred authority persons of our Kings in all times and ages then the common Lawes of this Land Statutes of the Realme of the which your Lordship is the Chiefe-gardian and by due execution doe addelife soule vnto them These reasons my honorable Lord haue moued me though with the discouery of mine owne imperfections to hazard these first vntimely fruites of my idle houres on your Lordships fauourable acceptance wherein I shall haue receiued full content my desire intention beeing only to yeeld vnto your Lordship an humble acknowledgement of that reuerent regard and due respect I owe vnto you and to testifie that I am Your Lordships in all dutie deuoted GEORGE BROWNE AN ADVERTISMENT to the Reader READER To the end that thou fall not into this discourse abruptly I haue thought it not impertinent by way of Preamble to insert this short aduertisment touching the first institution of the Iesuites with their beginning and proceedings in France and the occasion of this present controuersie which may serue not only for an introduction into the discourse ensuing but also for an explanation of sundry passages alleged therein Whatsoeuer is here related I haue taken partly out of Steeuen Pas quier sometime Atturney generall of the King at Paris in his 4 booke of Epistles last epistle which I wold not conceale the rest I haue collected out of the histories of France As for the Vniuersity of Paris I shall neede to say little for it is sufficiently set foorth in the discourse but that it was first founded by Charles the Great in the yeere of our Lord 791. and that the Sorbonne so often mentioned is nought else but a famous Colledge of Diuines founded about the yeere 1253. by Lewis the 9. called Saint Lewis as my Author saith or as others write by Robert brother of the said King Now as concerning the Iesuits this Order first arose in Christendome about the yeere 1540. the Author and Founder therof was one Ignacius Loyola a gentleman of Nauarre who all his life time had followed the wars and being hurt in the Towne of Pampelona which is the chiefe City of Nauarre whilest his wounds were a healing he fell to reading the liues of the Fathers resoluing vpon the pattern of their liues to frame the tenor of his owne afterward ioining with some others who were some 10 in number they altogether swore a kind of Societie and Ignatius beeing cured they made voiages to Paris Rome and to Ierusalem and at last retired themselues into Venice where they made their aboad some few yeeres and seeing they had many followers remooued thence to Rome where they began to make publike profession of their Order promising two things especially the one that their principall end and scope was to preach the Gospell to the Pagans and Infidels for to conuert them to the Christian Faith the other freely and without reward to instruct Christians in good letters and for to fit and accommodate their name to their deuotion they termed themselues religious men of the Society of the name of Iesus They presented themselues vnto Pope Paul the 3. of the house of the Farneses about the yeere 1540. which was the time that Germany began to take armes by reason of the alteration of religion and because that one

Seminaries was committed vnto the Iesuits presently they meditated how they might take from the Priests and Ecclesiasticall men of the Country whose deuotion and affection had beene prooued the rule and authority from ouer their flocke for to attribute it vnto themselues caused Arch-priests to bee made which should yeeld them a reason of all things and would that the contributions and almes of the Country which are not small should be distributed by their hands which caused more trouble amongst those poore Catholiques then all their persecution in the which before they medled with matters there was neuer any obiect of committing treason yea they came to such excesse that some Ecclesiasticall men of England hauing passed the Sea for to aduertise his holines of this disorder Persons the Iesuite made them to be put in prison and to be handled as malefactors and schismatikes and hindered their appeales from being receiued These poore men thus afflicted found meanes by the Councell of the Vniuersity of Paris to make the iustice of their complaint to appeare whereupon came forth the Breue of Pope Clemēt the 8. by which the Ecclesiasticall men of England were forbidden to render any account of their administration vnto the Iesuits or to their Generall nor to communicate their affaires vnto them by letters or otherwise but to addresse themselues directly to his holinesse with reuocation of that which Cardinal Caietan protector of England had decreed in fauour of them principally concerning the distribution of the almes and after that the trouble of that Church ceased and the peace thereof had continued longer had it not beene for the negotiations of the Iesuits in that which rather concerned the Monarchie of the world then the Kingdome of heauen Another example without exception and the carriage whereof was publike and notorious a testimony of the mediocrity whereof they boast that they haue gotten the perfection and of the peace which they procure vnto the Church The inquisitiō was placed in the hands of the Dominicans as well for their great and excellent knowledge as for the great seruices they had done the Catholike Church time hath not diminished the ancient and first glory of this order The Iesuits whose designe tendeth to the soueraigne dignity of the Church bethought themselues to stirre vp against them a dispute which they call de auxillijs concerning iustification thinking that by getting some aduantage vpon the reputation of these Religious men lesse cunning then they are it would bee easie to pull out of their hands this powerfull function although they neuer had abused the same Which Pope Clement vnderstanding forbad the disputation notwithstanding the Iesuits published the same and there is no man who is ignorant that this wise and holy Pope desired to abate their ambition confessing that hee had entred into speech thereof with Cardinall Tolet who preferred towards his latter end the honor and good of the Church before the factions of his society that he had sought meanes to make the counsell of Sixtus the fifth to preuaile which was to shut them vp and to submit their Generall to the capitular resolutions of the society and to make him triennall from the which that they might secure themselues they haue obtained a Bull from Pope Gregory the foureteenth which importeth excommunication to all those who should offer to enterprise the like but the Pope being not able to bring it to passe and Cardinall Tollet being deceased he would vnder colour of reforming their Order haue sent their Generall into Spaine which the Iesuits withstood affirming vnto his Holinesse that he could not do it without preiudice of his health which made one amongst them to enquire of a woman which was possessed with an euill spirit what should be the successe of that voyage doubting with others of his society that this was a meane to diminish the power of Aquauiua which is as great at Rome as that of the Pope The leauen which the Iesuits had left in the Townes where the Kings Edict touching there banishment was not executed made them alwaies to encrease the hope of their returne histories the witnesse of time the memorie of ages past the mirror of men the messenger of all the accidents which declare the truth shall faithfully report vnto posterity that they haue not omitted ought which might make for their purpose and they haue not concealed it in a great discourse composed of thirty or fourty articles which they published and supposed it to haue been made in the yeere 1603. by the King in answere to the graue remonstrances of his Parliament which they impose and thrust vpon strange nations as if it were true hauing made it to bee printed in Latin and Italian and lately Gretserus in Germany for their last discharge and also Posseuin doe imploy it in their Bibliotheca or Chronicle which they haue composed to the end that this imposture should passe current vnto posterity who after that they had beene so bold as to compare their reestablishment which was of pure and meere grace vnto the diuine and lawfull establishment of our King in his Estate yet they confesse that they obtained it as they might very hardly As we all acknowledge that the clemency of our King hath giuen peace to his people so it was necessary for him to assure the foundations thereof by iustice in case of so great so inueterate and pernicious a corruption for the sure establishment of the common weale not to content himselfe to command wel but to inhibite the committing of euill Great King which hast beene without comparison more exalted in vertue then in dignity aboue other men your good seruants wounded by the knife which hath shortened your daies shall for euer complaine that your vnmeasured clemencie and gentlenesse hath encreased the boldnesse of those who haue beene to you as very infidels as you haue beene vnto them a good and gracious King Our heart was sound our wound recouered and the griefe of the Vniuersity in particular beganne to breake away when the Iesuits emploied the intercession of Pope Clement the 8. about their reestablishment in this kingdome All Christendome can be witnesse of the deuotion which our King did beare towards the holy Sea and of the honour which hee gaue particularlie vnto Pope Clement for his high great and eminent vertues the bounty of the King more respected the contentment of the Pope and the assurance which he gaue him then the naturall apprehension of the iniuries and outrages which he had receiued so that after manie commandements vnto you my Lords and many remonstrances by you the letters which they had obteined were verified it being worth the noting that the conditions added vnto their reestablishment by meanes whereof men thought to bring them to the tearmes of simple religious men and obedient Subiects being consented and agreed vnto by the Pope were not allowed by their Generall by reason that they were different from the principall rules of