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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

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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
but there where they were then established by appointment of their letters without expresse permission of the King and particularly within the iurisdiction of this Parliament except onely in the Townes of Lyons and Fleche which they being not willing presently to thwarte nor openly to band themselues against the Vniuersity of Paris whom they knew to bee in the particular protection of this great parliament whose Iustice the brighter it shineth the lesse they dare behold it they haue circumuented the accustomed weakenesse and folly of the simple people vpon which foundation they build their most firme dessignes and by the establishment of one or two and forty Colledges which they haue in the Townes of this Realme in stead of twelue or foureteene which they had in former times haue imagined that cutting off and diuerting the streames which runne into this great riuer they would wholy dry it vp And there is no doubt but that the Vniuersity hath thereby felt a great impayring and that they had conceiued such an opinion of the successe that they already gaue out that men tooke notice of their worth and that they were esteemed necessary that the Vniuersity sought them and offered them the Colledges of Plessis du Mans and of Cholets to ioyne them to that of Clermont they reported vnder hand that the City of Paris should come to that passe at length that it should giue them the Colledge of Nauarre or that any other should be built them as large as that But God would that the smoke of these ostentations should doe no hurt but to the eyes of the Iesuites and that the fruit and contentment of their reuenge hath fallen out otherwise then they expected for they confesse that the Vniuersity remaining as it doth without admitting or receiuing them into it their other Colledges cannot long continue and that their designes for the instruction of youth wil be well nigh fruitlesse and to no purpose whereunto in as much as they are stirred vp with the desire of rule and by the consideration of that greatnesse to which they aspire not being able to be withheld by the force of the lawes of our Vniuersity by the authority of your decrees nor the conditions of their reestablishment we are constrained to discouer one of the mysteries of their ambition Although that the Iesuits greatly wronging learning doe mangle and diuersifie the ancient authors that they are altogether ignorant in the secret of the tongues yea that in the Colledges where they account themselues setled and established to continue as in Italy and in Sauoy they do altogether contemne them and reade no other books but such as are composed by those of their own society notwithstäding the reputatiō of learning is highly esteemd the which they can neuer vsurpe nor adde vnto their trophies as long as the Vniuersity continueth without Iesuites Ammianus Marcellinus writeth that it was sufficient for the Physitians of his time in recommendation of their knowledge to haue studied in Alexandria so it addeth vnto the merit of any man be he neuer so learned to haue studied in Paris the strangers euidently shew it in seeking the alliance of the Vniuersity of Paris to grace their schooles as that of Pauia called her selfe as Crantzius writeth her daughter that of Milan her sister as witnesseth Paulus Iouius in the life of one of the Galeaces Besides this reputation of great importance which can giue or take from them the choice of the best wits they cannot manage the instruction of youth according to their minde any where else as well as at Paris the seat of the Empire the place where the royalty resideth whereon the eyes of France are set the residence of the great soueraigne assemblies no where out of Paris is there such ciuilitie out of Paris little experience is to be learned in affaires elsewher the course of the world is not knowne To conclude it is the braine of the body of this estate if they cannot possesse this part their hope is halfe frustrated First because that imploying for the instruction of the youth of other Cities men of little vnderstanding which had more need to be taught then to teach and being constrained to keepe the most able and sufficient they haue to make shew and muster withall the children doe not onely not profit by them but neither are they able to discharge what they haue vndertaken so that the assurance which they giue out of their lectures failing the Vniuersity should be replenished as shee doth begin with schollers which they retaine with all their might Secondly instructing the youth out of Paris vsually and most often the best wits doe leaue them and escape their hand then when hauing gotten more knowledge their iudgement is augmented they are diuerted by a quite contrary instruction vnto theirs so that their haruest neuer commeth to perfection for to confirme and settle their doctrine and institution they must alwaies haue their eye vpon their scholler whom they themselues doe fashion and inure to affaires of the world so that he taketh nothing in hand but by their aduise direction and order and hee must yeeld them an account of what he doeth they neuer let loose the bridle after they haue ingaged him in some matter which concerneth his particular interest and they haue long time had experience that by meanes of the bringing vp of the children of those of Paris they know the secrets of houses they gouerne the hearts and wils of those who commit vnto their trust that which they hold most deare a great augmentation of their power Another reason yet more weighty and of greater force is this The Kingdome of France hath at all times had the Colledge of Sorbonne in singular reuerence and estimation founded by our good King Saint Lewes it honoreth her resolutions and the consciences of men doe willingly submit themselues to her decrees the French Church taketh great assistance from the authority thereof which is so much the more legitimate by how much the more it is very ancient deriued by tradition from our fathers vnto vs accompanied with all sufficiencie learning and piety the Iesuites would haue gotten an absolute victory if they could haue ruinated this fortresse of the French Church and of our beliefe they should be without feare of euer seeing either their doctrine or the bookes of their society condemned or controlled It is not then succour or ayde which the Iesuits seeme to offer the Vniuersitie but to speake properly they seeke her ouerthrow and with what face dare they maintaine that our doctors are defectiue and faulty Gamaches du Val le Clerke Ysambert Hennequin doe instruct so faithfully and plainely that by learned lectures the schoole of the Sorbonne hath her exercises continually replenished with fiue hundred daily Auditors For instruction in humane learning there are as sufficient as euer there were Marsille Morel Bourbon Granger Hardiuiliers and others the least of whom hath more knowledge and
de petit Pont a famous doctor of our Vniuersity Let vs adde consequently vnto this recommendation that of the Popes Honorius the third Innocent the fift Vrban the sixth who haue said that Paris was as the neuer dried source whence the riuer of science did flow which watered continually the Church of God and the instruction of all Christendome And it is fiue hundred yeeres agoe that the Vniuersitie of Paris might boast of this high stile of honor which aduanceth her aboue all the Schooles in the world Studium Parisiense fundamentum ecclesiae What more honorable testimony can there bee then that which is read in the Registers of the Vniuersity that in the yeere three hundred seuenty eight the Church being afflicted with a great Schisme the sacred Colledge of Cardinals Apostolica sede vacante did solemnlie inuite the Vniuersitie of Paris to contribute to the good of the Church for to defend her from intrusion In the yeere foure hundred and ten another Schisme hauing giuen occasion of assembling the Councell of Constance the Doctors of the Vniuersity of Paris and amongst others Mr Iohn Gerson which was Chancellor thereof named the thrice Christian doctor in honour of the thrice Christian King which had sent him by their learning made knowne that the Vniuersitie of Paris was the mother and Nurse of all good and holy institution that shee had conserued the puritie of Theologie mainteined the Episcopall dignitie had alwaies opposed her selfe against strange doctrines nouelties and superstitions Which hath made men to conceiue so reuerent an opinion of the Vniuersitie of Paris that from all the quarters of Europe yea from the Court of Rome it selfe her aduise and resolutions haue been sought for and preferred to that of other Schooles To conclude be it spoken to the praise of the Catholique Church the Vniuersity of Paris hath made the Church of France to florish aboue all particular Churches of the world in token whereof the Popes Clement the sixth and Pius the second would solemnly giue notice of their elections vnto the Vniuersity of Paris and the last of these two witnessed that at the pursuite and authority of the Vniuersitie of Paris he was moued to defend the Councell of Basil So may we say that the tree of this doctrine planted so long since hath produced so good fruit that there is not any one which hath frequented strange nations who will not say but that the deuotion of France and principallie of the City of Paris surpasseth that of all other people which it may bee is more in outward shew but as different from that of ours as the shadow from the substance As the Vniuersity of Paris hath been religiously deuoute so hath shee neuer wanted the respect and obedience towards our Kings her protectors and withall her power hath conserued the royall rights against all vsurpations Our histories doe iustifie that the Vniuersity hath alwaies couragiously opposed her selfe against all attempts vpon the power of Kings against the abuses which are committed contrary to the holy decrees and constitutions of Counsels hath held great authority in the assemblies of the Gallicane Church for to maintaine the liberties of the same witnesse the appeale brought by the Vniuersity of Paris and maintained in this Court against Pope Benedict the cleuenth who would haue leuyed tenths vpon the Clergy of France whence occasion was taken in a diffamatory libell which was then published against the King and the Clergy of his Realme to quarrell particularly with the Vniuersity which appeale the Vniuersity did reiterate in the time of Lewes the eleuenth from the buls decreed cōcerning benefices electiue Vpon this subiect we see so many oppositions framed by the Vniuersity of Paris against the power and faculties of the Legats sent into France as against that of the Cardinall of S. Peter ad vincula and of Cardinall Ballue wherein the Vniuersity did summon Mr Sollicitor generall named then de saint Romain to assist her which made an ancient French author to write that the Vniuersity of Paris was the key of Christendome the most carefull promotresse of the rights of the Gallicane Church Also our Kings haue especially cherished her for it is read that shee accompanied the King returning in triumph from the battaile of Bouines and it is a thing remarkeable that King Philip the Long hauing assembled the estates of his Realme and the Vniuersity all others did sweare fidelity vnto the King as soueraigne onely the Vniuersity did not sweare at all as Mr Giuinner hath obserued in the preface to the Pragmaticke sanction because that by her instruction we learne to breath with the aire of France fidelity towards our Prince and loue to our Countrey and who knoweth not the praise which the Vniuersity of Paris bare away from the mouth of Pope Pius the second hauing vnderstood by the Cardinall Bessarion that shee had hindered her schollers from being inrolled in the troopes of those This was in the time of Char'es the 7. who made the publique weale a pretext of their rebellion Vpon this consideration Dumesnil the King his At●urney generall whose memorie can neuer die said that the Vniuersity of Paris was receiued to pleade in this Court not only in her particular causes concerning her priuiledges but also in causes which concerne the publique estate of this Realme The Vniuersity of Paris is composed of foure facuities the first is of Diumity which beareth away the prize and hath the aduantage aboue all the rest this is that science which treateth of eternall things which lifteth a man vp in spirit vnto the heauens which teacheth the saluation of mankind the reunion of the creature to his Creator To the study of the faculty of Theologie of Paris is attributed the perfect and diuine inuention of the schoole diuinity held in the Romane Church to be the infallible rule whereby to iudge of the mysteries of faith and of religion the subiect for which the learning of this schoole is so much admired The second faculty is of those who handle the knowledge of the Lawes who are to teach that which Aristotle saith is the most diuine thing amongst men that is to giue good counsell in affaires and directions in pollicies The third is of Phisitians which haue care of the health of the body the last of the Arts which laieth open the treasures of humane learning of the tongues and of Philosophy If that our diuinity hath had the honor for puritie the knowledge of the law of not being equalled our Phisicke to surpasse all others the last which is as the seed and nursery of the former hath the testimonie of the most eloquent Italians of our age who confesse that they haue learned of the Masters of the Vniuersity of Paris the purity of the Latine and of the other tongues which yet at this day are not to be found any other where so perfect Now as the estate of the Church Vniuersall is secular so the Vniuersity of