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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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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
reuelation is true whereby God would dispence with him to marry contrary vnto the common law of marriage for God neuer yet dispensed with any one But if hee hath had any true probability he may for auoiding of greater inconueniences vse a dispensation though it be doubtfull and only probable which hath beene also obserued in dispensing with certaine Prelates From henceforth fastings orisons and praiers will become vnprofitable to preserue chastity euery one will abuse his reuelation for to put in vre the euill passions of his soule And indeed the precept was not long without an example Menas the Iesuite committed so scandalous an incest that hee was called in question for it in the inquisition of Spaine those of his company by faining a miracle freed him from his punishment which lighted vpon the officers at Valladolid who were displaced for that peece of seruice the scandale hereof is redoubled in the writings of Sanches and of Chetora who are of the same society the onely imagination whereof is sufficient to make a man loose the knowledge of himselfe and to become worse then a beast And like vnto this is that which is common in euery mans hand set forth some foure moneths agoe to wit the sermons made vpon the beatification of their father Ignacius by the which the name of Ignacius is not onely equalled with that of our Sauiour and placed in parallell with it but surrogated in his place the miracles done in the name of the Almighty for exalting of his glorie and the confusion of Infidels which we beleeue as an article of our faith abased diminished and distrusted For to extoll those of father Ignacius I say not vncertaine but altogether vntrue and which neuer were as they themselues confesse since that Pibadenera in the fift booke of his life saith thus of him eius sanctitatem minus testatam miraculis that his sanctitie was not so much testified by miracles and as if they had commerce and negotiation with heretikes from making him Gods Vicar applying vnto him that of S. Paul fungimur legatione pro Christo wee are emploied in the message of Christ from calling him the ministeriall head of the Church they make him successor vnto Iesus Christ himselfe striking at his holy resurrection and the eternity of his raigne in the Church O learned o sweet o free antiquity how thou art faire with al thy wrinkles with the lineaments of thy countenance defaced and hardly to be discerned O holy schoole of Sorbonne how perfect is the vertue of your mediocrity inspire into thy successors the truth of the prophecie of thy decree verified in the yeere 1554. these are the words thereof Societas haec periculosa in negotio fidei This societie is dangerous in matter of faith in this age corrupted with passion and adulation let this truth find one mouth exempt from this contagion neither haue they failed there censure and testimony constant and loyall vnto the truth shall euer be seene and appeare notwithstanding the-threats and inuectiues of the Iesuits full of bitternesse being as so manybels of the Coribantes which serue to no other purpose but to trouble disquiet the heads of those who are least staied and setled Let vs adde hereunto the inuention of their equiuocations and dissimulations of their homonymies which are deceipts of similitude and apparence in stead of the thing it selfe changing the substance without changing the name which they confesse that they make vse of when they are to answere vnto Kings and Magistrates and other persons bearing office in the common-wealth whose subiects they doe not beleeue they are nor that they are iusticiable by them their words and their answers are like the images of Dedalus which deceiued the sence changing their visage and countenance as often as a man did cast his eies vpon them This inuention of aequiuocation reduced into an art and recommended by Nauarrus in fauour of this society not only like vnto the artifice practised by Arrius who after he had subscribed vnto the Councell of Nice sware vnto another confession of faith which hee had written in his bosome altogether different from that but also vnto that law of the Manichees which permitted them to answere quite contrary vnto that which was true indeed and that which they perfectly knew noted by Lucas Siculus in the time of the Emperour Basil and which he reporteth setting it downe in these words Iura periura sceretum prodere noli By reason whereof for to confirme their euill doctrines then when there is any danger to be auoided or aduantage to be taken it is both lawfull and honourable to vse this inuention yea boldly to gainesay that which they are most assured of witnesse that which they haue done by the writing of Richeome who making answere to an interrogatory ministred vnto them which was thus what they would do in case there should be a Pope which after the example of Iulius the 2. should iniustly display his censures against France being vrged hee answered That their society would doe that which good Frenchmen then did who defending their rights did not giue ouer the respect due vnto the holy Sea did acknowledge the Pope to be the head only in spirituall matters approuing the Councell of Tours of the yere 1510. held for the defence of the rights of Lewis the 12. Cardinal Bell. in the treatise which he hath made against the diuines of Venice saith that the meaning of Richeome was only to shew that good French men ought to obey the Pope without debating the matter and counsell the King to come to agreement with him and not to resist him by armes This is the reason that all their declarations are conceiued in defectiue and incertaine words to the end that they may disaduow reuoke or otherwise interpret them when they shall thinke good and that which is most intolerable yea most vnchristianlike they ground these cauillations and dissimulations vpon textes of scripture which they corrupt most licentiouslie as if God the father of truth had taught the contrary to truth And as it falleth out ordinarily that the worst getteth mastery of that which is better the vsage of their dissimulations and cauillations doth insensibly creepe in and men leauing simplicity and innocency for to learne their shifts and euasions doe receiue the corruption thereof both in generall and in particular And to the end that it may not be thought a particular vice of some one among them but a precept generall to all their society Ribadenera in the life of father Ignacius the 3. booke and 11. chapter intituled De prudentia rerum agendarum hath written thus Dicebat quibus artibus diabolus ad perniciem hominum vteretur ijsdem nobis vtendum ad salutem nam vt ille cuiusque naturam explorans animi propensionem pertentans ad eam se attemperat vt ambitiosis splendida vtilia cupidis voluptuosis luptuosis iucunda piis quaespeciem habent pietatis proponit
Chapter of Deuterno that God did expresly forbid that a vineyard should be plāted of diuers kinds of plants to mixe woollen and linnen together to sow a fielde with diuerse seedes The nouelty of the institution of the Iesuites societie their doctrine different from that of the Church and from the Theologie of our schoole the which neuer swarued nor went out of the eclipticke line of truth yea diameter-wise and directlie opposite and contrary to the authority of free Monarchies hath beene the cause that our ancestors haue earnestly withstood the receiuing of the Iesuites and that the schoole of Sorbone then furnished with the greatest and most famous doctors of Christendome the greatest part whereof were assistant at the Councell of Trent made that famous decree of the yeere 1554. which conteineth a prophesie of the miseries which were felt sithence and endured presages God for our chastisment hath ratified so that the ineuitable necessity in which the enterprises and imprudent passions of the Iesuites doe ingage vs the extreme perill which they haue brought our Countrey vnto cannot but vntie our tongue although we should haue been mute and tongue tyed all our liues for to performe the same duty againe at this present guided by the light of those to whom we would take it for a speciall grace to be resembled either for sufficiency or honesty not being able to faile vpon this occasion to discharge our consciences for the honor and preseruation of the publique weale and for the aduancement of truth vnlesse we will bee thought more zealous to our owne ruine then affectionate to our safety Wherein as our intention is to take the same decree of our schoole for the rule and measure of this demonstration which the Iesuites could neuer procure to be censured at Rome where our deuotion is knowne and where it is not yet out of memory what opposition was made there as well as here at the establishment of the Iesuites which had preuailed had it not beene in regarde of their fourth vow so we will begin with the same protestation which the diuines of Paris then made in which we desire to liue die and for the good of the Catholike Church and of the holy Sea would confirme it with our blood that wee haue no desire to enterprise any thing either in thought word or deed against the authority of our holy fathers the Popes But contrariwise all of vs in generall and each of vs in particular like obedient children doe acknowledge the holie father to be the Vicar of our Lord Iesus Christ the vniuersall Pastour of the Church to whom God hath giuen fulnes of power therein his decrees and constitutions are to be obeyed and reuerenced kept and obserued and as the Vniuersity and schoole of Paris had neuer other beliefe so now doth shee openlie pronounce it with her heart and with all true affection Our Vniuersity together with all Christian people hath reason to take offence and scandall at the vsurpation which the Iesuites haue made vpon the holy name of Iesus in attributing particularly vnto themselues this speciall and incommunicable name which cannot bee giuen for a marke and distinction amongst Christians but is a name of effect and of office which apportaineth vnto none but to the Sauiour of the world neuerthelesse as if the Iesuites in a kinde of analogie or proportion could doe something in the Church like vnto that they would make men belieue that their society is essentially necessary for the Catholique religion that without them it cannot subsist they say that they were chosen by the diuine prouidence for a rule and reformation in these latter times Ad silentium tumidis magisterijs imponendum defectus aliorum corrigendos supplendos To suppresse and put to silence the haughty doctors and to supplie and correct the defects of other men As Ozorius hath written in his second sermon vpon the death of father Ignatius applying vnto their society the dreames and vaine fancies of the Abbot Ioachim condemned by the Church Whereuppon it followes that they submit all that which concerneth the honor of God or the good of the Catholike religion to the particular interest of their society and repute all those for heretikes which doe not follow their diuelish opinions and concurre with them in their subtilties and cunning practises This is the reason that Ribadenera writeth that Ignatius Loiola framed his religion by reason that all the rest were defectiue whence it proceedeth that by the Bulles of Pope Pius the fifth and sixth they haue gotten by way of preuention all the graces indulgences faculties and priuiledges which can be found euer to haue beene granted to any Antehac concessa concedenda A testimony that their ambition is not yet at the point where they will stay In their institution they haue wholy derogated from the discipline of the Church and from all the ancient Canonicall constitutions it may be truly saide as the decree of the Sorbonne hath already pronounced that they haue built and raised themselues vpon the ruine and decay of monasticall discipline All the religious men which since the time of our Sauiour Christ haue chosen a kinde of life speciall and different from that which is ordinary and common to all Christians haue made immutable vowes taken markes whereby to be discerned stedfast immoueable and perpetuall rules The law of God doth command that that which is dedicated and consecrated vnto God by the sanctification of a solemne vow should remaine for euer assured and setled in that estate which is the highest degree of perfection that can bee imagined whence it commeth to passe that in things inanimate and without life wee cannot make that which is sanctified perseuering in his integrity to be vnhallowed and loose the force of his consecration Farre greater reason then is it that a man vowed dedicated consecrated vnto God should not loose this essentiall quality and inseparable from the subiect Saint Thomas setting downe the difference betweene a simple Vow and a solemne vow as that of entring into religion is teacheth vs that the solemnity of a vow consisteth in the consecration of him which is vowed Quando per certaeregulae professionem relicto saeculo abdicata propria voluntate perfectionis statum assumit When by taking vpon him the profession of a certaine rule or Order forsaking the world and renouncing his owne will and affections he doeth assume the estate of perfection which all the Diuines hold cannot be abandoned nor forsaken without Apostasie The Iesuites at the entring into their order do make a solemn vow between the hands of their superior and a solemne profession to liue according to the rules of their society the which are of Obedience Pouerty Chastity notwithstanding by permitting as they doe those of their order to change their forme and manner of life to possesse goods and riches to succeed their ancestors as heires and at a need to marry as many of
them haue done they doe peruert the effect of this infinite obligation and of a most solemne vow they make a simple one and giue leaue vnto him which hath promised to obserue their rule and by consequence that which depends thereupon to violate the same which is so strange that Nauarrus in his commentaries De Regularibus tom 1. saith hoe est nouissimum admirabile concessum praefatae societati This is an admirable noueltie granted vnto the aforenamed societie If it had beene any where else but at Rome he would not haue stucke to haue said that this was repugnant to the Diuine and Canon law And although that there be nothing more natural in all obligations and bonds yea the chiefest and most precise of all then to be reciprocall and mutuall that as the people are bound to yeeld fidelity and obedience vnto their Prince so is he bound likewise to giue protection vnto his subiects God himselfe would not be exempted when he saith assemble me the people of the earth that they may iudge beweene my people and me what thing I ought to haue done for them and haue not done it And more apparantin the gospell which is full of sweetnes and mildnes whence it proceedeth that there is no religion in the world receiuing the Vow and submission of a religious man which doth not bind it selfe to keepe and maintaine him in his greatest extremities and infirmities they on the contrary as if they were bound to nothing at all do expell and may turne out at their pleasure yea though they haue beene thirty yeeres of their society those which are weake and sickly Whom they either cannot or will not make vse of any longer Another thing quite contrary to Ecclesiasticall discipline is this By the Buls of Paul the third of the yeere 1543. and of Iulius the third in the yere 1550. they are permitted to change all their rules and constitutions as often as it shall please their Generall and he shall thinke it to be expedient for the good of his company these are the very words Et tam hactenus fact as quam in posterum faciendas constitutiones ipsas iuxta locorum ac rerū qualitatem mutare alter are seu in totū cassare alias de nouo condere poss●nt valeant And that they haue full power and authoritie according as the condition of the places and the estate of the affaires doe require to change alter or vtterlie to abolish all constitutions either heretofore made or hereafter to bee made and to make new in their stead So that as they say themselues they are neither regular nor secular nor are bound to any rule hauing no other excuse for this dissolution but the designe of the absolute power which they continuallie point at that the temporal power may giue place to the spirituall for the greater glory of God as it is saide in the ninth part of their constitutions the third chapter and ninth article poterit in omnibus ad maiorem Dei gloriam vt senserit procedere Hee may proceed in all things as hee shall see cause so it be to the greater glorie of God The end of their fourth vow is the most exact obedience to the Pope concerning their missions which they will make vs beleeue is only in regard of Infidels but on the contrary they themselues haue written that this obedience ought to be measured and referred vnto the motion and will of him to whom it is promised So that at the instant that the Pope shall purpose that the Bull in coena Domini should bind the French men and that he would leauie that which they call and terme sufferance the Iesuites are obliged by their vow to execute it according to his meaning without any other temper or moderation but the will of their Generall on whom the estate and the life of all our Kings by this meanes shall depend an effect of their blind obedience for the perfection whereof they adde Imperfecta est ea obedientia in qua praeter executionem non est haec eiusdem voluntatis sententiae inter eum qui iubet eum qui obedit consensio That obedience is vnperfect wherein besides the execution there is not the selfe same consent both of will and opinion in him that commandeth and the other who obeieth hauing no other guide but the meaning and will of their Generall which they ought to execute from point to point and say that they are bound to effect it without any knowledge or discretion after the manner perchance as we reade in Victor in the third booke of the persecution of the Vandales that Hunneric King of the Vandales being set on by the perswasion of the Arians would that all Catholiques should sweare to that which was conteined in a paper which was sealed vp euen as the Prouincials of the Iesuites often times in their assemblies doe cause the important commands of their Generall to be executed And that which is wondrous strange to the end that they may make the power of their company absolute and the power of their Generall more ample then that of the Pope in that which concerneth their vowes and missions is this that by the permission of their Generall they may cause that to be performed by others which is enioined them by the Pope and it may be reuoked by their Generall yea without the knowledge and consent of the Pope in the ninth part of their Constitutions chap. 3. art 3. And that which tendeth rather to lay the foundation of a particular greatnes then to the good of the Vniuiuersall Church they haue obteined Bulles wherein all men are forbidden without excepting any no not my Lords the Cardinals to take vpon them any knowledge in the secrets of their rule or to sound them although it were to no other purpose but to know the truth thereof as if that from henceforth the discourse and iudgement of men were bound to become slaues to their vnderstanding and direction alone by the Bull of Gregory the 13. decreed in the yeere 1584. Ne quis cuiuscunque status gradus praeeminentiae existat dictae societatis institutum constitutiones vel etiam praesentes aut quemuis earum aut supradictorum omnium articulorum vel aliud quid supradict a concernnes quouisdisputandi veletiam veritatis indagandae quaesito colore directè vel indirectè impugnare veleis contradicere audeat That no man of what estate degree or preheminence whatsoeuer be so bold as vpon any fained colour either of disputation or of searching out the truth directly or indirectlie to impugne or contradict the ordinances and constitutions of the said societie or these presents or anie article of them or of all the aforesaid premisses or anie other thing which may concerne the said premisses And that which surpasseth all beleefe it attributeth vnto their Generall only power to explaine and interpret it as hee shall thinke good which was inuented in fauour