An oration made on the part of the Lordes spirituall in the chamber of the Third Estate (or communality) of France, vpon the oath (pretended of allegiance) exhibited in the late Generall Assembly of the three Estates of that kingdome: by the Lord Cardinall of Peron, arch-bishop of Sens, primate of Gaule and Germany, Great Almenour of France &c. Translated into English, according to the French copy, lately printed at Paris, by Antoine Estiene. Whereunto is adioyned a preface, by the translatour. Harangue faicte de la part de la chambre ecclésiastique en celle du Tiers-estat sur l'article du serment. English. Du Perron, Jacques Davy, 1556-1618. This text is an enriched version of the TCP digital transcription A19951 of text S116663 in the English Short Title Catalog (STC 6384). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 249 KB of XML-encoded text transcribed from 77 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 A19951 STC 6384 ESTC S116663 99851879 99851879 17172 2240947288

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 Early English books online text creation partnership. (EEBO-TCP ; phase 2, no. A19951) Transcribed from: (Early English Books Online ; image set 17172) Images scanned from microfilm: (Early English books, 1475-1640 ; 985:17) An oration made on the part of the Lordes spirituall in the chamber of the Third Estate (or communality) of France, vpon the oath (pretended of allegiance) exhibited in the late Generall Assembly of the three Estates of that kingdome: by the Lord Cardinall of Peron, arch-bishop of Sens, primate of Gaule and Germany, Great Almenour of France &c. Translated into English, according to the French copy, lately printed at Paris, by Antoine Estiene. Whereunto is adioyned a preface, by the translatour. Harangue faicte de la part de la chambre ecclésiastique en celle du Tiers-estat sur l'article du serment. English. Du Perron, Jacques Davy, 1556-1618. [24], 128 p. English College Press], [Saint-Omer : Permissu superiorum. M. DC. XVI. [1616] A translation of Jacques Davy Du Perron's: Harangue faicte de la part de la chambre ecclésiastique en celle du Tiers-estat sur l'article du serment. Running title reads: An oration made by Card. Peron to the third Estate of France. Considerable print show-through. Reproduction of the original in the British Library. eng Catholic Church -- France -- Early works to 1800. Church and state -- Early works to 1800. eebo An oration made on the part of the Lordes spirituall, in the chamber of the Third Estate (or communalty) of France, vpon the oath (pretended of allegi Du Perron, Jacques Davy, 1616 154 43522 119 0 0 0 0 0 27.34 C The rate of 27.34 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2013-09 Assigned for keying and markup 2013-09 Keyed and coded from ProQuest page images 2013-11 Sampled and proofread 2013-11 Text and markup reviewed and edited 2014-03 Batch review (QC) and XML conversion

AN ORATION MADE ON THE PART OF THE LORDES SPIRITVALL ,

In the Chamber of the Third Estate ( or Communalty ) of France , vpon the Oath ( pretended Of Allegiance ) exhibited in the late Generall Assembly of the three Estates of that Kingdome :

By the Lord Cardinall of PERON , Arch-bishop of Sens , Primate of Gaule and Germany , Great Almenour of France &c.

Translated into English , according to the French Copy , lately printed at Paris , by Antoine Estiene .

Whereunto is adioyned a Preface , by the Translatour .

Permissu Superiorum . M.DC.XVI .

THE PREFACE OF THE Translatour , to the Reader .

THOVGH worldly men , whose soules are swallowed vp in sense , be content to make their purse of gold their God , by occasion wherof S. Paul thought good to say , that couetousnes was no beter than a kind of sacrifice to Idols : yet such as are not wholy deafe to the voyce of reason , may heare it protest , that as man is compounded of flesh & spirit , so his spirituall goods are incomparably superiour to the corporall , and that riches are to be held of the meanest & lowest ranke , among all such benefits as God Almighty hath vouchsafed to mankind . For as those thinges which men haue any colour to account their owne , are eyther plenty of fortune , health of body , glory of reputation , or lastly the soule it selfe ; so , who is he that will not empty his purse to recouer his health , or saue his life ? What man of worth will not despise his life to preserue his honour ? And who doubteth but that the respect of honour should yeild vnto the care which a man ought to haue of his soule ? Hereupon may be grounded , amongst others , two apparent truthes ; The one , that for the soule a man is to despise all other things ; the other , that except the soule , there is nothing so deare as reputation . Now , if reputation be so precious , for as much as concerns the morall man , what accompt ought Christians to haue it in , since scandals are often giuen and taken , vpon the aboundance or defect thereof ; and sometimes vpon the credit of a few , dependeth the saluation of very many . The enemy of mankinde who knowes how true this is , hath continually laboured to rob Gods seruantes of so great a Iewell ; yea and hath presumed to infame God himselfe , beeing made man for vs ; sometimes tempting men to traduce him as a Coniurer , sometimes as a Samaritane , which did import a Schismatike , and sometimes as a trayterous and seditious person . The same stile he held with the Christians of the Primitiue Church , and we English Catholikes of this age , whose cause is the same with theirs , haue lyen groaning long vnder the same burthen , and felt with vnspeakable griefe , though with vndaunted courage , the poysoned arrowes of this kinde , which he hath beene dayly shooting into our sides .

Those Aduersaries of our cause who beleeue in God but for fashion-sake , at least conceaue that it importes not after what fashion he be serued , think they do vs a fauour , when they call vs fooles , for exposing our selues to persecution vpon the differences of Catholike and protestant Religion . Such Protestants as in good earnest belieue that Religion , which they professe , are wont to traduce vs for superstitious and Idolatrous persons , vnder the pretence of our doctrines which concerne the Reall presence , and the reuerent vse which we make of Images : But they who vse their Religion no more then for a seruant , or rather slaue to their absurd reason of state , and know well inough that if they should persecute vs vnder the only title of Heretikes , they must be faine both to disclayme from the Society of al ancient Christians , and should be forced to deserue the censure of sauage cruelty , for presuming to condemne that faith , to which their auncestours and ours were conuerted from Paganisme : they , I say , are the men who giue out , that we are not vniustly persecuted for our religion , but iustly punished for our faction , disobedience , and treason .

For the painting ouer of which discourse , how many industries haue beene vsed ; how many Iewels and Cupbordes of plate to forraine Princes & Ambassadours haue beene presented ; how many crafty and cruell lawes haue beene at seuerall times procured & enacted ; and lastly what a couple of daungerous and detestable . Oathes , vnder the authority of the aforesaid lawes , haue with extreme rigour , & without distinction of sexe or age , byn propounded & exacted ?

The first of these Oathes , is that of the Kings Supremacy , deuised heretofore by our Aduersaries for the making of all Catholikes expresse Traytours , and executed for a while with great seuerity , though afterwardes they grew halfe ashamed therof . And the vse which it affoardes at this day , is chiefly to distinguish such persons , as adore the present state of thinges , from others who are more indifferent : and so we see it is ordinarily ministred , but to such , as either pretend to make Lawes by voice in Parlament , or els to cary Office in the Common wealth or Church . Alwaies that Oath serued rather to other endes , then to make diuision , or procure mutuall scandalls among English Catholikes , since we all agree in the cleere detestation therof ; and for this later purpose , the other Oath , which is called of Allegiance , was set on foot , by the instigation of some Ministers , immediatly after the powder-treason , as if euery one that did refuse to take it , were guilty of that prodigious plot . Withall , it was couched in such cunning and mysty termes , as some Priestes ( yea euen since the Pope condemned it ) haue not beene ashamed to take it , and more lay Catholikes haue beene led on by their bad example . This action of theirs , hath implied a kind , of disloyalty in them that refused the same ; and the State hath not beene a little carefull to publish the brute therof , both within and without the Realme , to the extreme disaduantage , and discomfort of all sincere and solide Catholikes .

There hath not beene a greater meanes towardes the strengthning of fowle aspersions vpon vs , then the confidence which our Aduersaries , the Ministers , haue vsed in protesting , that we English Catholikes who refuse the Oath , are controlled by many great partes of Christendome , euen Catholike , where men would vndoubtedly ( say they ) haue taken such an Oath as this , if they were required thereunto by their seuerall Princes . In particuler the example of France hath beene euery day obtruded to vs , as if the Catholike parte of that Kingdome were wholy of the English Protestant faith in this particuler● And although this vndertaking of theirs , were knowne to be impudent and most vntrue , by the industry of some English Catholikes , who informed themselues of the Sorbon , which is the Diuinity , Schoole of Paris , and found that it abhor'd the Oath ; yet partly by the confident asseuerations of our aduersaryes , partly by the corrupt beliefe in that point , which some one of the Ambassadours of that Countrey , residing heretofore in England , was faln to , and the flattering discourse which for hope of reward he was wont to hold ; so it is that the ordinary sort of Protestants conceaued all this while , that French Catholikes were in this poynt agreeing rather with the Parlament in England , then the Church of Rome .

But , God be praised , the curtaine is drawne at length , which heretofore hath parted the stage from the attyring house , and now the spectatours ( who are as many of our Country , as can write and read ) may se● that such as plead the partes of ciuill , rich , and religious persons , are many of them no better then insolent , beggarly , and lewd companions . This worke is perform●d in this Oration following ( wherewith I ha●e thought good to present the courteous Reader ) composed and pr●noun●ed by that ornament of our age , the Cardinal of Peron ; a man so well knowne to the world , for the great childes portion which the father of all good thinges hath allotted out vnto him , of incomparable learning , prudence , and zeale towardes the Catholique Faith . It pleased God by his meanes long since to conuert the last King of France from his erroneous beliefe ; to make the said Cardinall , amongst others , an Instrument of compounding that busines of the Venetians , whereupon the peace of the Church did in some sort depend ; and now this honour was only wanting to him , that he should be the meanes to restore one of the noblest members of the Church ( for so we may without any vanity , to the glory of God , esteeme the English Catholikes , who with so admirable grace , and strength are stil swimming through the bitter waues of persecution ) to the honour of only suffering for that faith , which other Catholike Countries do professe , wherof our Aduersaries haue studied so earnestly to depriue vs , whilest they say , the doctrine conteyned in the Oath of Allegiance is impugned by vs , out of singularity , or seditious humour , and that our next neighbouring Churches , of the same Communion , would acknowledge and confesse the same .

But I must not reflect so particulerly vpon the dignity of the Cardinalls person , and the extreme obligation which al good English Catholikes haue to him , as therby to neglect the setting forth of the aduanta●e which our cause hath got by his Oration . For although it were not a matter of small importance if it had beene deliuer●d by himself but as a priuate man : yet it ought to rise to another manner of accoumpt , when it appeareth , that , as the stile thereof was ordered by his eloquence , and the sound thereof pronounced by his voyce ; so also the substance and strength of it , did spring euen from the hart roote of the whole Clergy of France represented by those Archbishops , and Bishops , and other Prelates there assembled , and was both ioyfully receaued , and clerely auowed by the whole Nobility of France , assembled also and represented in lik manner . Now to the end , good Reader , that thou may●st runne through with mo●e facility , and be able with more syncerity to discerne of that which is conteyned in the Oration , I will make thee acquainted with the occasion therof , and premise also some few other thinges , whereof perhaps thou art ignoran● , and which may serue to set thy iudgment straight in that which followeth .

The Parlaments in France haue no resemblance to ours in England , but are certaine sedentary and supreme Courts of Iustice , compounded only of Lawyers , who iudge without appeale within their seuerall precinctes of Iurisdiction . Of these Courtes there are eight in France , all independant on of another , though the Parlament of Paris haue a Country vnder it of greater extent , and by residing in that Citty , which is the ordinary habitation of the French Kinges , it hath growne to that kind of am●ition and vsurpation , which some Patriarchs of Constantinople , and some Bishops of Rauenna haue been subiect to in different causes , but vpon like occasions . That which in France doth answere the nature of our English Parlament , is the holding of the three Estates Generall , the Clergy , the Nobility , and the Communalty ( which last is called the Third Estate ; ) but it is with this difference , amongst others , that they sit in three seuerall Chambers , whereas the two former of ours sit in one and wheras , with vs , an Act is not presented to the King , vnles the maior part of both our Houses or Chambers do finde it good ; in France if the maior part of two Chambers do resolue vpon any proposition , it is to go vnder the name of all the Three Estates , although one of them should dissent therin .

This supposed , I wil proceed to informe thee , courteous Reader , that the greater number of the deputies of the third Chamber , in this last Assembly of the Estates in France , did conceaue , & frame the forme of an Oath , which they wished might be ministred in that Kingdome , as that which beares the name of Allegiance is in ours ; whereby the same principall Article is ●biured , namely , that no French King can be deposed , nor his subiects absolued from their obedience , by any Pope , for any cause whatsoeuer ; and that the contrary opinion is Hereticall , and repugnant to the doctrine of the Scriptures . But this difference is found betweene the two Oathes , that whereas the English one , in one of the clauses , seemes to exclude not only the authority of the Church ouer Kinges , but euen of the Common wealth also ( yea though it should be accompanied with that of the Church : ) that of France shoo●es only at the abnegation of the Churches authority . Nor is there a man in that Kingdome who appeares to hold , that Kinges in certaine cases are not subiect to the censure of the Common wealth . And as for the Parlament of Paris in particuler , who knowes not , that diuers of that body haue now helped to animate the Prince of Condé and his complices , to take arm●s against the King and Queene of France , vpon the supposall which they make of the ill Gouernment of that Kingdome . But howsoeuer tha● case standes , this Oath was drawne by the Chamber of the Communalty , which in France is called the Third Estate , and reiected , as conteyning false and wicked doctrine , by both the Chambers of the Clergy , and Nobility , and co●sequently for the reason that I gaue before , by the Estate Generall . Some man perhaps amongst o●r English aduersaries may obiect , that notwithst●nding the custome and stile of France doth beare that whatsoeuer is authorized , or repr●oued by any two of the Chambers , doth take the name of all the thre● , yet it makes exceeding●y for the credit of our Oath of Allegiance , that they of the Third Estate in France , which is the greatest member of that body , should c nspire in opinion with the Authours of our English Oath , though they be of a contrary Religion to the Protestant in other thinges , and esteemed the most deuout professours of it in that Kingdome . I answere that this argument may looke fayre a far off , but with such as know how thinges were carried , it will fall out to be of no force at all .

It is to be vnderstood , that this Chamber of the Third Estate was wholy , in effect , compounded of Lawyers , ( most of them belonging to the Court of Parlament of Paris ) and certaine Officers of the Long Robe , belonging to the King , as Treasurers , Receauers , and such like ; who commonly beeing the chiefest men of their Parish , are wont with such case to procure themselues to be chosen deputies , as an English Gentleman of meanes and credit , can make himselfe in like case be made a Burgesse . By this meanes there were very few places in the Third Chamber , which were filled by Freeholders , or substantiall Merchants of those Citties and Prouinces , and therefore no meruayle , if vnder the name of the Commons of France , who are perhaps of the most pious men of that Kingdome ( and whereof there was in this Assembly of Estates no more in effect but the name ) this wicked proposition of a profane Oath did come to light , beeing conceaued partly by the Kinges Officers ( who crept into those places , expresly against the Lawes of France , and who make no scruple to flatter their King with faire words , vpon condition they may the more securely robbe him by other , meanes ; ) and partly by certaine other Lawyers , as hath beene said , who vse to be wel content to deliuer the King from all Tribunalls but their owne , and are generally the greatest Libertines both in vnderstanding and will , that perhaps the Christian world is acquainted with .

This action therefore of the Third Estate being thus miscompounded , need not make our Aduersaries more insolent then they were before ; but much rather ought they to retract their former actions vpon a due consideration of the proceeding , which was held in this busines , by the Clergy and Nobility of France , of whome it cannot be pretended , but that they would gladly haue graunted to their King , whatsoeuer they could in conscience . The Clergy I say of France , which dependeth more vpon those Kinges by the exemptions of sundry Popes , then any Catholike Clergy doth in Christendome ; and the Nobility of France which enioyeth not only more accesse , & other priuileges , but draweth more money in specie by way of pension from their King , without obligation to any particuler residence , or seruice , then any Nobility doth in Christendome , whether it be Catholike , or other ; wherin I will not except Spayne , for I know I need not . And when I should say , that the French King di●burseth yearly not much lesse by way of pension to his subiects of the Nobility , then the King of England receaueth year●y to his purse all manner of wayes , I should not be the Authour of a Paaadoxe , for the summe ariueth in sight ( besides that which is vnknown ) to vpon the point of six hundred thousand poundes per annum .

The Oration it self doth follow at the end of this Preface , and therefore I enter not vpon the perticulers thereof ; only the Reader , when he hath perused it , may be pleased to remember two thinges in generall conteyned therein . One , that the Oath is such , as that they of the French Clergie and Nobility will rather die then take it ; the other , that there was neuer any French writer , since the faculty of Diuinity hath beene taught in the Schooles of France ( not excepting euen such as were the most earnest vpholders of Regal authority , & were required by the Kinges of their tymes , to defend the same by publique writing ) who affirmeth Kinges to be indeposable by Popes in al cases . And whensoeuer any of them haue debated the point of the Absolution , which subiectes may haue from the Oath of Allegiance to their Prince , the cases of the Princes Heresy & Apostasy are alwayes excepted ; that is to say , in such cases , the subiects of a King , acording to the iudgment of all Catholike French writers , may be absolued from the Oath of their Allegiance .

I tie not my self to the wordes , but the substance of these two propositions is cleerely deliuered by the Cardinall , in the name of the Clergy of France : which so long as the Reader shall keep in mind , it will make him ( if he be a discreet Protestant ) discerne with ease , how falsly his Ministers haue laid certaine seditious opinions to the charge of vs English Catholikes , and such ( say they ) as are not belieued by the Catholike Countries ioyning to vs . If he chaunce to be a Precisian , he will haue reason to take compassion of vs Catholikes , whome he findes to agree in this with himselfe , and all the Calumists in the world , that Kings may for some hideous crymes des●rue to fall from their Royalty ; though there be this difference betweene vs , that we hold the common Father of all true Christians , to be the fittest Iudge of such high quarrells , as fall out betweene his children ( wherin also he is directed by the Canons and inuiolable Customes of the Church , in what sort , and by what degrees he must proceed ) but they hold that Kinges are subiect to a kinde of popular iudgment , which is so much the likelier to be corrupt , as it is vsuall for the people whome they make the Iudge , to be a party . If he be a faint Catholike who hath brought his conscience to take the Oath of England , and to run dauncing round the may-pole of humane respectes , it will make him returne to the good company , which in that point he hath left , and fetch the bloud into his face , when he considers that he beeing an English Catholike , who was wont to haue the honour to be so entire in the confession of his faith , hath need to be put in mind of his duty , by an action performed in France , where leuity and liberty are ordinarily so much in vse . If lastly he he a sincere and loyal Catholike , who doth choose rather to starue , then to strayne his conscience , and consequently resolueth to be far inough from taking the English Oath , he may giue God humble thankes for his infinite mercy , who besides the promise of future rewardes , for these present sufferinges , and the testimony of a good conscience , which , euen in this life , is so great a Iewell as both the Indies cannot buy , hath vouchsafed to iustify him in point of spirituall reputation , by the testimony of that Nation , whose syncerity was called most in question , and whose example hath been heretofore so impudently , though without controle , alleadged against him , and vs .

And though if we were sure that our persecution were to continue as long as the world : yet we should know withall , that there is no proportion betwene the longest tyme and eternity ; and that , the sufferings of this life , though neuer so grieuous , are infinitly vnworthy of that glory , which is prepared for such as keepe the Depositum of Catholike Faith , vndiminisht . But we are taught , not only by the experience of former tymes , which tells vs of the periode of great persecutions , euen then when there seemed to be least humane hope therof ; but also by that which we may haue obserued by the passages of the late action of the Estates in France , how able God Almighty is , to make his greatest enemies the liueliest instruments of his glory , in despight of their owne wicked hartes , and to make their endeauours , which ayme at the dishonoring , and abusing of his Church , to giue the greatest contribution that could be wished , to the Dignity , and Maiesty of the same .

Who knowes not , that the holding of these Estates in France , was pursued only , in effect , by certaine irreuerent semi-Catholikes , who loue nothing lesse then the splendour and vigour of Ecclesiasticall discipline , and ●urisdiction ? Who knowes not , that as soone as the said Estates were opened , that rotten member which tooke the name of the Third Estate , discouered that Canker , which hath been feeding gredily vpon it ( especially since the introduction of heresy into that Kingdome ) by plodding vpon some course , how to make an Id●ll of the temporall power of Kinges , in respect of the reuerence due to Popes ; and so far to abuse the authority of the Apostolike Sea , as that they would redoubt it no more then a meere Scarcrow , or Chymera ? And yet we see God hath fetcht the Treacle of which I haue spoken , from the poyson that grew in the festred bowells of his Enemies ; for if that French Oath had not been propounded by those Lawyers , the contrary doctrine and beliefe of the Church of France , had not beene protested by those Prelates . Shall the prouidence therefore of God , be able to watch so fruitfully ouer the Catholike Church of France , and shall the narrow seas be broad inough to keepe him from shewing his power in England to our comfort , and the confusion of such , as either know him not , or care not for him ? nay rather let vs learne by this , that when our persecuting Ministers do most conspire our ruine , then shall we be surest of Gods present help ; & when the graue shal be finished wherin they hope to bury vs aliue , incident in foueam quam fecerunt , it is then that they are likeliest to die in the same ditch which they made for vs .

Courage therfore is that which we are to beg at the hands of God , who knowes not how to forsake , but such as confide not in him It was said long ago by one who had no supernaturall ●ssistance wherby his crosses were to be asswaged , Si longus leuis , si magnus breuis ; but we haue infinitly more reason to assure our selues then he , that if our persecution linger on , it wil be lightned , if it increase it wil be shortned . Nor ought we be without hope , but that it may be both short and light , when his Maiestyes Excellent Iudgment shall haue obserued ( which in all likelihood he h●th already done , by he ens●ing Oration and other bookes ) that his Catholi●e subiects ho●d no other opinions in fauour of the Sea Apostolike , but such as are common to those Catho●i●es , that are accounted euen the most remisse i● Europe ; That there is no Protestant Church , which hath declared this proposition to be true , That a King can neuer be deposed by any authority vnder heauen , nor his subiects be absolued from the Oath of Allegiance , which once they made , for any incorrigible crimes whatsoeuer . That on the other side , rebellions of s●biects against their naturall Princes , haue growne familia since ●rotestancy brake loose , and haue been as it were ha●cht by that sect in England , Scotland , Holland , Sweueland , Germany , Switzerland , Geneua , and most often in France , wherof tru● histories mak● particu●e mention . And 〈◊〉 that should not be able to read or vnderstan● a booke , might see the matter verified euen at this instant in the Kingdome of France , where the Prince Protestant of them all , is vexing his King by all the power he hath , either of credit , or other meanes , hauing drawne to his lure many others of both Religions : That , since his Maiesty hath beene ill counselled and v●ged by Ministers ( amongst all whome there hath n●uer yet beene any one good man of State ) he hath gotten nothing lesse , then that they aymed at , which was , That Regall Authority , now that it is imployed in their defence , should be as superstitiously adored , as in Queene Maries dayes , both of England , and Scotland ( when their religion receaued a check ) it was irreligiously decried and disgraced For now insteed of being held a kind of Diuinity vpon earth ( which notion mens mindes were fitter for , before they were opened by such Oathes ) they are growne to looke● abroad vpon that light , which they were wont to be afraid would dazell their eies ; and at last are come so neere vnto it , as that they touch and handle it , by the discourse of reason , and experience , which tells them , that Kingly Authority cannot come immediatly from God to any man , but by miracle : That all the Kinges whome we know , do either rule by force of conquest , and in that case the authority of the Common wealth if it be vsurped , may be resumed , or by Donation , Election , Marriage , or Succession of bloud , in which cases Kings forfait by not performing the conditions , vnder which either they or their first auncestors did enter , whether they were expressed , or necessarily implied . Necessarily I say implied for supposing , that a people who was without question the first owner of supreme authority vpon earth should cause a King to gouerne them without obliging him in particuler to do this , or that , it were a Barbarous conceipt to thinke that it were in his law full power , to Tyrannize ouer them at his pleasure , without hauing respect either to their defence in time of warre , or the administration of Iustice in tyme of peace , for which only respectes they made him King . If this discourse be true in case of Kinges , euen by the Law of Nature and of Nations ; how much more shall it be so , amongst Christian Kinges , who in their Baptisme do their homage to the Faith of Christ ; and at their Coronations do sweare the mayntenance of Religion , and Iustice , which are the conditions expressed , whereupon the progenitours of the most absolute Christian Kinges , were placed in their Royall Throne . These thinges , I say , are growne into the consideration of men , and strikes the reasonable part of their soules with such an euidence and demonstration of truth , as no formulary of an Oath , though perhaps for feare , or fashion sake they may chance to accept therof , will euer be able to wipe out .

Some questions there may be , betweene men of different Religions ( as hath beene toucht ) to whom the iudgment ouer Kings for their offences may belong ; some holding that this Iurisdiction resides in the Church ; some in the Common Wealth ; some in both together ; and some others other seuerall opinions , which are not so much worth the specifying ; but all the Christian Congregations of all Religions in the world do agree in this , that all Kinges for hideous crimes may fall from their dignity , and their subiectes may be absolued from their Oath of fidelity . Nay I haue not heard euen in England , where our Oath of Allegiance was enacted , nor in France where the like was offered , that when the generall propositions which were conteyned in both the formularies were well deduced into particulers , men would be drawne to subscribe and sweare thereto ( otherwise then forced by feare ) excepting only a few hypocritical Ministers amongst vs , or profane Lawyers amongst our neighbours . But as God would haue it , neither the Ministers in France are of that opinion ( for they professe the contrary ) nor yet the Lawyers of England , if you put the case home to them : for howsoeuer it costes them nothing to sweare , that the Pope can neuer come to depose a King because he is a protestant ; it would trouble some of their consciences , if they haue any , to sweare that if an Vpper and Lower house of the English Parlament should condemne a King , who might happen to be so great a Tyrant , as that he would abrogate all the Statutes and Common Lawes of the Realme ; bring in by force a summary course of Iustice , as is vsed in Switzerland ; confiscate all the Common Lawyers of England , who are able to spend aboue a thousand poundes per annum ; and in a word dispose of their wiues and children , as if they were his owne ; it would trouble them , I say , to sweare , that such a King might not be deposed by the Houses of Parlament , and that themselues could not be so far discharged from the Oath of Fidelity , which they made to him when they were sworne Iustices of Peace , as to make some personall resistance in their owne defence .

There is nothing more certaine , then that many a man reades ouer the Oath of Allegiance , and diuers take it , who consider not the importance of those fearefull generall clauses , which include and exclude all particuler cases of No Pope , No King , neither by his owne , nor by any other Authority , for any cause whatsoeuer , can Depose or Absolue subiects &c. And yet , as I said before , there are so many Protestantes , who by occasion of this Oath haue entred so deeply into the consideration of Kingly Authority , as it is euident ( to all such as freely and familiarly liue with Protestantes , and vnderstand sincerely from them what they think ) that thousands of them are growne to a lesse adoring conceipt of Royall Dignity , then they were wont to haue . And though his Maiesty can hardly come to know the preiudice that he hath susteyned by yeilding to them , who haue vnfitly sought to help him , or rather to help themselues by propounding this Oath , because he is a King , and cannot equally conuerse with his subiectes , ( nor can he from his seruantes expect but such newes , as will be pleasing to him ) yet it may be hoped for , at the Handes of so Excellent a Iudgment as his Maiesty is endued withall , that he will one day fall vpon the true account of these businesses , by other meanes , and not continue his Catholike Subtectes in his so ill conceipt , for professing of that beliefe , which is now , in terminis , auowed by the learned and noble Catholikes , euen of France ; the contrary whereof is not auowed by any Protestant Church vpon earth ( if we chaunge the name of Pope into the name of Common wealth ) and the sequele whereof hath done nothing but disseruice to him . I beseech God of his infinite mercy , giue his Maiesty such light of mind wherby to discerne the distempered thoughts of his Ministers , who are in such a rage against Catholikes , and to vs , that he will vouchsafe so much strength of mind , as that whatsoeuer happeneth , we may rather obey God , then Man .

AN ADVERTISMENT TO THE READER , translated out of the French .

THE Author of this Discourse vnderstanding that some had put in print two seuerall Speaches in his name , far different both in sense and wordes , from that which he by word of mouth deliuered , he was constrayned to bring this to light as an Antidot or Countermaund to those other . Neither did he much wonder to see such peeces of changeable colours clapt togeather , some true , some false , according vnto euery ones passion , without resemblance to the originall : for he doth thinke that no pen could follow , nor memory retayne two Speaches wherof the shortest lasted three houres , although swiftly pronounced . But he was much astonished at the liberty of this tyme , that within Paris ( himselfe being present ) any should publish two Speaches in his name without acquainting him with it , therby to vnderstand whither he would acknowledge them for his owne . It is true indeed , that he was not the only man , who had byn so dealt withall : for some other Prelates had lyn handled after the same manner , and found as litle of theirs in those remnantes bestowed on them , as Euphorbus in Pithagoras .

Now therefore it doth suffice him to present thee with that he pronounced in the Chamber of the Third Estate . For that it was in a manner all one with that he made in the Chamber of the Nobility , the reasens being the same , and no difference at all , but in the beginning , conclusion , and ornuments : By reason wherof the publishing of the one might serue for a generall remedy of the suppositions of the other two .

As soone as he had therefore signified to the Gentlemen of the Third Order , that being to speake in their presence , he thought himself obliged to make the same prayer to God , which Pericles was accustomed to do , being to speake to the Athenians , that nothing might passe from him vnbeseeming those that had imployed him , neyther of those that were to heare him , Psal. 50. he directed his words to God , saying with the Psalmist : Domine labia men aperies , and then began as followeth .

THE ORATION .

IT had byn to small purpose ( Noble Gentlemen ) to honour the dignity of those that make profession to minister Iustice ; It had byn to litle purpose that which Aristotle taught vs , by saying , that Iustice is beautifull , and admirable like to the starre Lucifer ; and it had byn to as litle purpose to haue taught vs , that in iustice all vertues are summarily conteyned ; And the answere of Agesdaus King of Sparta had byn vnto as litle purpose , which he gaue vnto the King of Persia ( who tooke to himself the title of the great King ) that he could not be greater then himselfe , valesse he could proue he were more iust . And that fable of the Poets had byn to as litle purpose , faigning Minos the Patron of iust Princes , to haue byn the sonne of Iupiter : and that Themis and Dicas were placed on either side of Iupiter ; if the Scripture did not teach vs that by iustice Kings do raigne ; if the Sonne of God had not chosen him who was to be his figure , & called him Melchisedech , that is to say King of iustice ; and that the same Melchisedech whose name doth signify , King of Iustice , had not been also King of Salem , that is , King of peace , to shew that of iustice dependeth peace , which is the mother of all good in heauen and earth . And seeing the oracles of diuine scripture agree in commendation of this vertue with the testimony of prophane authors , it seemes in giuing her the first place of honour and dignity amongst humane vertues , is to put in execution the will both of God and men .

Now ( Gentlemen ) if euer there were any Nation in which this vertue hath shined and beene flourishing ; it is this in which we liue . I will not speake of the glory of the Druides , or ancient Sacrificers , in whose handes the Gauls had put the execution of iustice , with intent to make it sacred and venerable to the people by the quality of the persons that should exercise it ; I omit the care and zeale our Kinges did beare to the practise of Iustice , themselues becomming ministers and distributers , not only in their first and second race , but likewise in the third : To say nothing of the splendour of our Courtes of Parlament , and in particuler of this great , and high Parlament of Paris , wherof the reputation hath beene such amongst forraine Princes , that they themselues often made choyce of it for their iudge and arbitrator in causes of greatest importance . It shall suffice me to affirme of our Nation , that it hath euer beene so famous , and florished in the exercise of this vertue , that the very women amongst the Gauls were hertofore esteemed better able to administer Iustice , then the men of al other Prouinces . For when Hannibal receaued and incorporated the Gauls in his Army ( in his passage to the Conqest of Italy ) it was agreed on , that if at any tyme there should arise any difference betweene the two Nations , if the Carthaginians were plaintifs , the verdict should belong to the Tribunall of the Carthaginians , resident in Spaine : and if the Gauls found themselus agrieued , the decision was referred to the Dames of France . And therefore ( Gentlemen ) our Kinges hauing assigned the keeping and disposing of this precious treasure in the hands and custody of your Order , it is not without cause that we honour and respect you , not only as ministers and interpreters of Themis , but as such her interpreters in the chiefest Tribunall she hath vpon earth .

And now ( Gentlemen ) this Themis , this Dicas , this ●lustice it selfe , which teacheth you to render to euery one his due , inspired you likewise from the first meeting of the States , to render aboue al other thinges what you owe to God , to his Religion , and to his Ministers ; making you therby to imitate the example of those great Law-giuers and Sages the Romans your Predecessours , who carried so great respect to Diuine thinges , that although the Religion was false , yet notwithstanding because in this false Religion they pretended , as S. Augustine sayth , to honour the true Deity , it pleased the same God to recompence their zeale with temporall graces and benedictions , wherby they raysed their Empire aboue the cloudes . For then you gaue vs testimony by di●ers Embassages , that you held vs for your parents , as the Pastours ; and Directours of your soules , and such as liued in continuall watchfulnes to render accompt of them to Almighty God : For the which we haue of tentimes giuen you many and harty thankes . But that which did most assure vs , that you practised effectually what you gaue testimony of by wordes , was the last occasion which presented it selfe . For vpon the newes which was sent vnto vs , of a certain article , touching the security of Kinges , intituled , a Fund a mentall Law proposed & resolued amongst your selues , where there was matter of Religion mixt with interest of state , you were contented to be perswaded by the learned , and eloquent informations deliuered you in our names by the Archbishop of Aix , and the Lord Bishop of Mumpelier , to communicate the matter with vs , and ioyntly to receaue our opinion therof .

For this cause ( Gentlemen ) the Ecclesiasticall assembly hath chosen & sent me vnto you : First to giue you thankes for the honour you pleased to do them heerin : then to let you vnderstand their opinion concerning as wel the substance , as circumstances of your Article . And they haue especially giuen me in charge aboue all other thinges to render you infinite thankes , and prayse your zeale , in prouiding so carefully for the security of the life , and person of our Kinges ; withall protesting , that they all conspire together with you in this thought , and extraordinary feeling of yours , and that from the bottome of their hartes and soules . For they lament , and shall neuer cease mourning with teares of bloud , the tragicall , and detestable Assassinats , which haue wronged and defiled the memory of this age , with two so horrible parricides ; and do find in themselues so much greater obligation to haue their hartes pierced with this grief , by how much more they must acknowledge themselues tyed with strayter bandes , then any other Orders , to mayntayne and stand affected to the Sacred Person of our Kinges . I meane not to enlarge my selfe for the present in telling you , how God hath put into their handes the light of his word , to lighten other orders , and how the Clergie must march formost and direct others , by doctrine and example in seruing well and faithfully those , whome God hath placed ouer his people : Only thus much out of meere humane considerations ; There is no profession so straitly bound , in all fidelity and loyalty to our Princes , as the state Ecclesiasticall . For other states come to offices , honours , and dignities of the realme , some of them , as the Gentelmen & Nobility , at the dearest rate of all other , with losse of their bloud , and perill of their liues ; others ; besides their merit , by contribution of some part of their goodes , and commodities . But as for vs , we atteyne them by the only grace and fauour of our Kinges , without hazard or imployment of ought , either of life , goods , or honours . Neither by any other meanes ( beeing as we are naked and vnarmed ) can we enioy our quiet or commodities , but vnder the shaddow of the peaceable and prosperous affaires of the King , being otherwise exposed as a prey to all sortes of wronges and outrages . And therefore , what man of sound iudgment can liue in doubt , but that we haue more interest , then any other in his conseruation , in whose life , as within some fatall brand , all our liues and fortunes are comprized ?

Wee therefore alike ioyne issue with you in this your zeale and feruency of passion , and do alike condemne , nay more if possible may be , the perfidious butchery of those monsters , which dare aduenture on Sacred personages of Kinges . But with all desiring you to enter into consideration , that as the only lawes sufficient to restaine those who set at naught their liues , are the Ecclesiasticall which curbe those spirits , that contemne death with the apprehension of those paynes after death : So must we carefully take heed , not to insert any thing into those lawes , but that which is held for certaine , and vndoubted by the whole Church , for feare of disabling the authority of that which is certaine & infallible , by mixture of that which is doubtfull and in contention . For experience hath taught vs too well , that humane lawes only , and apprehension of temporall punishment can neuer serue for sufficient remedy to such euills , as proceed from a peruerse and corrupted imagination of Religion . We must haue therefore lawes of conscience such as work on our soules , and keep them in feare of eternall tormentes . Those who vndertake these detestable parricides vnder a false per suasion of Religion , are not kept back with any feare of corporall punishment ; they bath themselues in tormentes with delight , they expect triumphes and Crownes of Martyrdome , they flatter themselues with false application of that sentence of our Sauiour , do not feare them that can kill the body , Matt. 10. but rather feare him that can send both soule and body into hell . So that to restrayne and terrify this kinde of people , we must lay before them , not such lawes as are executed in this life , which they care not for , and thereby depriue other men of theirs : but of such lawes , whose rigour and seuerity are exacted after death , that is of lawes Ecclesiasticall and spirituall . The Milesian Virgins were possessed of so furious and prodigious hatred of their liues , that they ran voluntarily with great contentment to their deathes , they strangled , threw themselues downe headlong , and cut their owne throtes , the prayers and teares of their parentes not being able to hinder them . The Magistrates of the Iland oftentimes consulted , and made many decrees to stop the publick mourning , but none of their designementes tooke effect . For they despising and hating life , entred likewise into contempt of whatsoeuer was ended with life , vntill in the end seeing all other meanes to fayle them , agreed to publish a law , whereby all those which voluntarily made away themselues , should be drawne openly through the streets , & that stark naked after their death : Then the frenzie , which all these remedies applied during life could not cure , the apprehension of shameful punishment after death did remedy . The like is to be held of this fury , this rage , this madnes ; there is nothing but the feare of paynes to be imposed after death ; nothing but the apprehension of the paynes of hell ; nothing but the horrour of eternall torments , which are sufficient to cure their distemper , who thinke to immolate and sacrifice their liues to God , when they loose them , by putting in execution this horrible and abhominable enterprises .

Now the spiritual and Ecclesiastical lawes , are those only which can imprint in mens hartes the terrour of excommunication , and liuely apprehension of euerlasting torments . For to cause this effect , they must proceed from Ecclesiasticall Authority ; that is certaine , absolute , & infallible , that is to say vniuersall , and such as conteineth nothing wherein the whole Church doth not agree . For if they proceed from doubtfull and different authority , & conteyne such thinges whereof one part of the Church houldes one opinion , the head and other partes thereof teach another ; those , in whose bearts they desire these thinges should make impression , insteed of houlding them for certaine and infallible , and therby to be terrified and swayed by their threats , fall to laughing at them , and hould them in extreme derision . And therefore we must take great heed , I say once againe we must take extraordinary great heed to mixe that which is in no sort to be doubted of in this Article , and that which the whole Church agrees on ( that is to say , that none without putting himselfe in danger of the diuell , and eternall death , may aduenture vpon the life of Kinges ) with any point in controuersy , for feare of weakning that which is vndoubtedly true , by ioyning it with some other thing which other partes of the Church do debate , and hould in dispute .

Three points there are in the substance of your Fundamentall Law , besides certain accessary pointes and circumstances . The first concerneth the security of Kinges persons , and in this we all agree , offering to seale it , not with inke , but with our bloud ; that is to say , that it is not lawful for any cause whatsoeuer to murther Kinges : and not only with Dauid , do de●est the Amalecite , who vaunted to haue laid his handes on Saul , 1. Reg. 11. although reiected and deposed by God by the mouth of Samuel , but moreouer cry out aloud with the Sacred Councel of Constance , Concil. Constant . sess. 5. against the murtherers of Kings , euen such as might be pret̄eded to be Tyrants , Anathema , to such as murther Kinges ; eternall malediction to the assassinats of Kinges , eternall damnation on al such as murther Kinges . The second point is of the temporall dignity , and soueraignty of the Kinges of Frances , and in this likewise we agree . For we beleeue our Kinges are absolute in euery fort of temporall Soueraignty in their Realme , and that they are neither feudataries to the Pope ( as some others who haue either receaued , or obliged their Crownes with this condition ) nor to any other Prince ; but that in the pure administration of temporall thinges they depend immediatly of God , and acknowledge no other power ouer them but his . These two pointes then wee hould for certaine , and vndoubted but in different manner of certainty : for the certainty of the first is diuine and theologicall ; the certainty of the second humane and historicall . For that which Pope Innocent III. (a) (a) Cap. per Venerab . Tit. Qui filij sint legitimi . affirmes , that the King of France acknowledgeth no superiour in temporalities , is spoken by him in forme of historical testimony : and that certaine other Realmes ( whereof he seemes to wright (b) (b) Cap. causam tit . eodem . the same ) haue since changed , and bound themselues to some certain kind of temporall dependence vpon the Sea Apostolike ; and that France remaynes in her prime estate , it is history , and not faith that tells vs so .

There remaynes the third point , which is this : Whether if Princes hauing made an oath to God , and their people , either themselues or their predecessors , to liue and dye in the Christian Catholick faith , and do afterwardes violate their oath , rebell against Christ , bidding him open warre , that is to say , fall not only to open profession of heresy , or Apostacy from Christian Religion , but withall passe to force their su●iectes consciences , and goe about to plant Arianisme , or Mahometisme , or any such like infidelity within their states , and thereby destroy and roote out Christianity ; whether , I say , in this case , their subiects on the other side may not be declared absolued from their oath of Loyaltie and Fidelity : And this comming to passe to whome it apperteynes to pronounce this absolution .

This then is the point in controuersy betweene vs : For your article conteyneth the negariue ; that is to say , that in no case whatsoeuer the subiectes may be absolued from the Oath of Allegiance made to their Princes . As on the contrary side , all other partes of the Catholike Church , togeather with this of France , since the institution of Schooles of Diuinity , vntill the comming of Catuin , held the affirmatiue proposition , which is , that when the Prince breakes the Oath he hath made to God and his subiectes to liue and dye in Catholique Religion , and doth not only become an Arian , or a Mahometan , but manifestly wars against Iesus Christ , in compelling his subiects in matters of conscience , and constrayning them to imbrace Arianisme or Mahometisme , or any other detestable in fidelity : That then this Prince may be declared fallen from his right , as culpable of felony towardes him , to whome he hath made the oath of his Realme , that is to Christ : and his subiects may be absolued in conscience , both at the spirituall and Ecclesiasticall Tribunall , from the oath of allegiance they haue made vnto him . And that in this case , it belongs to the authority of the Church , resident either in her head the Pope , or in her body a Councell , to publish this declaration . And not only all the other partes of the Catholike Church , but likewise all the Doctors who liued in France from the first setting vp of schooles of Diuinity amongst them , haue held the affirmatiue opinion , that in the case of hereticall , or infidell Princes , and such as persecute Christianity , or Catholike Religion , their subiects may be absolued from their oath of allegiance . By meanes wherof though the contrary doctrine were the truest , yet notwithstanding all the other partes of the Church being against it , you cannot hould it for more then problematical in matter of faith . I call that doctrine problematicall in matter of faith , which we are not bound to belieue , by necessity of faith , and the contradictory therof doth not binde them that belieue it with excommunication , and disunion or separation from the community . Otherwise you must acknowledge , that the communion which you exercise with the other partes of the Church , houlding the contrary doctrine , yea euen that communion which you conserue with the memory of your predecessours , was vnlawfull , defiled with heresy and excommunication .

And indeed those who take vpon them to defend the doctrine of the English Oath which is the patterne of yours , Widring . disput. de Iuram . fidel. cap. 3. sect. 19. defend it for no other then problematicall , Our intention ( say they ) is not to affirme the other opinion , as repugnant to faith , or saluation , it being defended and maynteined by so many & so great Deuines , whome God forbid we should go about to condemne of so great a cryme .

And therefore to include this clause vnder the same obligation of faith , vnder that very degree of excommunication , vnder the which we comprehend the condemnation of those which attempt the liues of Princes , is to fall into foure manifest Inconueniences , which our Chamber hath giuen me in charge to lay before your eies . The first , is to force mens soules , and intangle their consciences , in bidding them to belieue , and sweare vnder payne of excommunication , as doctrine of faith , and conformable to the word of God , a point of doctrine , the contrary wherof is held by all the other partes of the Catholike Church , and hath byn euer hitherunto , by their owne predecessours . The second inconuenience , is vtterly to ouerthrow the authority of the Church , and to open the gate to all sortes of heresies , to giue scope to lay men , without direction , or warrant either of generall Councell , or Ecclesiasticall sentence , to vndertake the decision of matters of faith , to determine pointes of Controuersy , and to pronounce openly what is conformable to the Scripture , what is impious and detestable . This then we say is to vsurpe the office of Priesthood ; this is to stretch our hand to the Arke ; this is to take the Censar for Sacrifice . In briefe , this is to commit the selfe same outrages , for which Gods maledictions haue iustly fallen long since on the vsurpers , as wel priuate persons as Kings themselues . The third Inconuenience , is to throw vs head long into euident and ineuitable schisme . For all other Catholike nations houlding this doctrine , we cannot declare it to be contrary to holy Writ , nor hould it for wicked and detestable , but therewithal we must renounce the communion both of the head , and other partes of the Church : and therby confesse , that the Church for so many ages hath not beene the Church of God , but the Synagogue of Sathan : not the spouse of Christ , but the Diuells strumpet . The fourth Inconuenience , is not only to make frustrate the remedy , which men seeke in this peril of Princes , in weakning that which is held for certaine and vndoubted , by ioyning it to a thing contradicted ; but withall insteed of assuring the life and estate of Princes , to put in great daunger both the one and the other , by meanes of wars and other mischances and disasters , which ordinarily schisme drawes after it .

These are ( Gentlemen ) the foure pointes our Company haue giuen me in charge to represent vnto you , which I will do my best to dispatch with all possible cleernes and facility , if you please to heare me with the like patience you haue hitherto continued , which I easily persuade my selfe you will , if you set before your eies the importance of the matter I am heare to treate with you , which is the greatest at this present in Christendome . And besides ; consider that it is not my selfe , whome you heare speake in this Controuersy . For it is not I who speake in this cause , but the whole body of the Ecclesiasticall Order , and all that of the Nobility adioyned vnto it , and which haue deputed these twelue Noble men , taken from the twelue Gouernementes in the Realme , of purpose to giue authority to my wordes with their presence : and withall to giue testimony in this present occasion , of the selfe same deuotion their predecessours haue euer borne the Church , which they haue planted by their Armes , and watered with their bloud , in the furthest partes of the world . And therfore I will no more enlarge my selfe in begging of you , fauourable audience and attention ; only let me intreate you , before I enter into the matter , to giue me leaue to make these two protestations , therby to preuent certaine calumniations . The first , that when I say , those who hould the negatiue part , cannot hould it for other then Problematicall , I intend not to comprehend by the word Problematicall , that which concernes the condemnation of those parricides , who vndertake to kill Princes : for this I hould for a point of faith , and condemne the contrary opinion for hereticall , and guilty of all sortes of excommunication and eternall punishment . The other , that it is contrary to my disposition , and full sore against my will , that I come to treate of these questions in such a time , when our Country is newly come out of many differences , and diuisions in State-matters , and is yet full of debates in matters of Religion ; and haue refused this charge many times , euen with teares , knowing well how I was to imbarke my selfe in a sea full of rockes and perills , and to how many harsh contradictions and calumniations I should expose my selfe . But the publishing of Copyes of your Article ( the bruit wherof was spred farre and neere ) hath hindered vs from keeping it any longer secret ; and the wound once discouered , the discharge of our Office bound vs to seeke a remedy .

NOw then Gentlemen ( concerning the first Inconuenience ) to lay the foundation of my discourse , not on pillars of gold , as Pindarus said , but on the firme pillars of History , and practise of the Church , the methode I will obserue , shal be in prouing two things . The one , that not only all the other parts of the Church which are at this day in the world hould the affirmatiue opinion , that is to say , in the case of hereticall Apostataes , and persecuting Princes , the subiects may be absolued from their Oath of allegiance made to them or their predecessours : but also for these eleuen hundred yeares , there hath not been any one age , in which this doctrine hath not byn belieued and practised in diuers nations . The other , that it hath byn continually held in France , where our Kings , and particulerly those of the last race , haue defended it by their authority and armes ; where our Councells haue vpheld and mayntained it ; where our Bishops , and Scholasticall Doctours , since the first institution of schooles of Diuinity vntill our dayes , haue written , preached , and taught it ; and where , to conclude , all our Magistrates , Officers and Lawyers haue followed and fa●oured it ; yea often times for crymes in matters of Religion , much more light then heresy or Apostacy . Wherewith notwithstanding I intend not to help my selfe , but where they serue to defend either the generall Theses , that is to say , Whether in some cases the subiects may be absolued from the Oath made by them to their Princes ; or this particuler Hypothesis , that in the case of hereticall Apostataes , and persecuting Princes , their Subiects may be dispensed withall in obeying them . To the end therfore to free you from all obscurity , I will not oppugne your Article , but by those maximes wherin our Doctours of France , who haue written in defence of Princes temporall authority , do all agree ; conteyning my selfe notwithstanding in the simple playne way of fact , without passing to that of right , the decision wherof appertaines not to this tyme nor place .

First then to begin with Anastasius who was made Emperour more then eleuen hundred yeares ago . When this Emperour Anastasius , an Eutichian heretike , tooke on him the Empire , Euph●mius Patriarch of Constantinople would neuer acknowledge him for Emperour , vntill he had signed and subscribed with his owne hand to the Creede of the Chalcedon Councell . Anastasius ( as Victor Tunonensis (a) (a) Victor . Tunon . in Chron. à Scaligero edito . an Author of that age hath left written ) vrged by the Bishop of Constantinople , was constreyned to promise vnder his hand , to attempt nothing that was sinister against the Apostolike Faith , and the Councell of Chalcedon . And Euagrius : (b) (b) Euagr. hist. Eccle. lib. 3. ca. 32. The Empresse Ariadne desirous to put the Imperiall habiton Anastasius , the Bishop Euphemius would neuer giue his consent , vntill he had giuen vp a profession of his faith , written with his owne hand , with grieuous and seuere Oathes . And Theodorus Anagnostes saith , that (c) (c) Theod. Anagnost . l. 2. collect . hist. Eccl. Anastasius being declared Emperour by the Empresse Ariadne , Euphemius the Bishop made resistance , (a) (a) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . calling him heretike and vnworthy to haue commaund one Christians . Notwithstanding the Empresse and the Senate , trayling Euphemius by force , did their vttermost to compell him : But he would neuer consent to anything before he had drawne from him a profession by writing to imbrace the doctrine of the Chalcedon Councell . And when the said . Anastasius fell back contrary to his Oath vnto the Eutichian heresy , and passed further to persecute the Catholikes ; Pope Symachus resisted him , & tooke vpon him the defence of the Church in these wordes : (b) (b) Sym. in Apologet It may be thou wilt say , it is written , We must be subiect to all power . It is true ; We acknowledge humane power , according to the degree therof , yet so notwithstanding , that it be not erected against God . But for the rest , if all power come from God , with much more reason , that , which gouernes diuine things . Beare respect to God in vs ; and we will reuerence God in thee . But if thou honour not God , thou canst not clayme priuiledge by him whose lawes thou contemnest . And imediatly after : Thou sayst that the Senate conspiring with me , I haue excommunicated thee : that which I found lawfully done by my Predecessors , I haue without doubt followed . Thou sayest that the Senate of Rome doth treat thee ill ; if we treat thee ill by inciting thee to leaue heretikes , can it be thought thou dealest well with vs , which wouldest throwe vs headlong into the society of heretikes ? And when he went about to distill the infection of his heresy into the Churches offices ●●d set his hand to the banishment of Bishop● ; not only the people of Constantinople were in commotion against him , and demanded another Emperout but moreouer Vitalianus one of the chiefest Generalls of that age , hauing assembled a puissant army , went to present him battaile at the very gates of Constantinople , and would neuer agree to peace , but with this condition , That he should recall the Bishops whom he had banished from their seas , & should reunite all the Eastern Churches with the Romane . The Catholikes ( sayes Marcellinus Comes ) (a) (a) Marcel . Com. in chron. demanded Areobuidas for Emperour , and threw to ground the Images and statua's of Anastasius . And Cedrenus : (b) (b) Cedr . in compend . hist. in Anastas . Anastasius going about to ioyne these words to the Hymne of the Church , who was crucified for vs , there was made a popular insurrection within Constantinople , the Citizens calling for another Emperour , wherby the Emperour being affrighted , put of for a time his heresie . And Victor Tunonensis : (d) (d) Victor Tunon . in chron. Count Vitalianus the sonne of Patriciolus vnderstanding the subuersion of the Catholike faith , the condemnation of the Chalcedon Councell , the banishment of the Catholike Bishops , and the intrusion of heretikes into their places ; he assembled a great army revolted from the Emperour Anastasius , and ioyning battaile which Patricius the Emperours Nephew & Constable of the Empire , he killed threescore and seauen thousand of the Romane souldiers , and tooke Patricius prisoner . And a little after : Vitalianus being incamped at the gates of Constantinople , notwithstanding many demaundes of peace made to him by the Emperour , he would neuer ●earken to any but with this condition , that he should call back the defendours of the Chalcedon Councell , who had beene cast out from their seas , and should reunite all the Churches of the East , with the Romane .

And when Clotharius the first of that name King of France , that liued in the same age with the Emperour Iustinian , had slayne within the Church of Soisson , on good Friday in the time of the adoring the Crosse , * * Gautier . Walter Lord of Yuetot in Normandie ; Pope Agapetus whome the Greekes call (a) (a) Concil. Const. sub Men. the Beloued of God and men , did threaten him with his censures , if he did not make amendes for the outrage he had committed against Christian Religion . In satisfaction wherof , the King did erect the territory of Yuetot , with * * En tiltre & condition de Roy●ume . the title and freedome of a Kingdome Wherof besides the possession without interruption continued , and the perpetuall tradition of the Prouince , there were writinges made that very houre , the date , accordinge to the account of the yeare of our Lord , falling to be the same with the yeare 536. Which I alleadge not , as I haue before made protestation , therehence to inferre any particuler consequence from fact , to right , but to shew in generall how great reuerence our first kinges did beare to the censures of ancient Popes . The Pope , sayes du Haillan (b) (b) Du Haillan en Phist . de France l. 1. incensed with this cruell acte , sent word to the King , that he should make amendes for this fact , otherwise that his realme should be interdicted . Then Clotharius feeling remorse of conscience for his crime , did ordeine for amendes thereof , that from that time forward the Lords of Yuetot , and their heires should be quit from all homage , seruice , and obedience due to the King for the territory of Yuetot &c. And thereupon were the euidences drawne and sealed by the foresaid Clotharius . And Gaguin : (a) (a) Gaguinus hist. ●ranc . l. 2. I find as an infallible truth , that this was done the yeare of our Lord 536. For the English hauing long time after dominion in Normandy , there fell out a suite , betweene Iohn of Holland Englishman , and the Lord of Yuetot , as if his territory had beene tributary to the King of England ; The Lieuetenant of (b) (b) The word which the translator of Gaguin vseth , is Caletz , which signifieth as well the towne as the coast of Callis , the people wherof in old time were cal'd Caletes , and wherof one part is euen to this day called le Pais de Caults . Callis , after he had throughly in the yeare of our Lord 1428. informed himself of the case by order of iustice , did determine that he had found iust , as I haue noted before .

And when Queene Brune childe , and King Theodorike desirours to haue a confirmation of the priuiledges of the hospitall of Autun , which the said Queene had founded , and to haue the insuing Kinges bound by the authority of the Sea Apostolike , to conserue them inuiolable , without the least tuch of any sacriledge ; the Pope S. Gregory the great , at their instance wrote these wordes in an Epistle to Senator , which is the tenth , in the eleauenth booke of his Epistles : (c) (c) An absurd Author hath as fondly made answere , that this decree is not found in S Gregory : as it was absurdly answered that the Excommunication of the Emperour Theodosius by S. Ambrose , was not to be found in the Ecclesiasticall History . We grant and confirme , ordeyning that no Kings , Prelates , nor any other of what degree soeuer , may in part diminish , or take away any thing bestowed on the said hospital , by the foresaid most excellent Kings our sonnes . And a litle after . And if any one of the Kings , Prelates , Iudges , or other secular persons , after information giuen of this our constitution , do go about to contradict it , let him be depriued of his power and dignity . For I wil not serue my self of those Buls of the Abbey of Soisson , for that they were not inserted within the Register of S. Gregories Epistles , but were taken out of the Coffers of the Monkes of S. Medard , and put after the work at the end of the Register , as appeares both by ancient impressions of the same Register , and by the citation of Pope Gregory VII . (a) (a) Gregor. 7. lib. 8. ep. 21. ( who liued more then 500. yeares since ) made of the Epistle to Senator , without speaking of that of Soisson .

And when the Emperour Iustinian the 2. sent his Constable to take Pope Sergius , and transport him from Rome to Constantinople , for that he would not approue the Councel falsely called the Sixt ; the Imperiall souldiers of Italy opposed themselues , droue back the Emperours Constable with iniuries & reproaches . Iustinian the 2. ( sayes Beda (b) (b) Bed . de sex aetat . mundi . an Author of the same age ) being offended , for that Sergius of happy memory Bishop of the Church of Rome , would not signe and fauour the erroneous Synod , which he caused to be held at Constantinople , sent his Constable Zachary , commaunding him to take the Pope , and bring him to Constantinople : But the Souldiers of Rauenna , with the Prouinces adioyning , did resist the impious commaundement of the Prince , and repelled the said Zachary with contumelies , & reproaches from the Citty of Rome . It is true indeed , that afterwardes the same Iustinian did wash away this cryme , togeather with other his impieties , when as hauing gotten Pope Constantine into the East , He threw himselfe prostrate on the earth (c) (c) Bed . ib. before him ( saith Beda ) and praying him to make intercession for his sinnes , he did renew all the priuiledges of the Church .

And when the Emperour Philippicus , successour to Iustinian 2. came to the Empire , and according to the custome of the Emperours ( presently after their comming to the state ) of sending the profession of their faith to the Pope , had addressed vnto him a profession of an hereticall faith ; the Pope reiected it in Synode , and vpon the refusal of it , the people of Rome abrogated the Emperour Philippicus his Imperiall titles . Philippicus ( sayth (a) (a) Beda de sex aetat . mundi Bede and after him Paulus (b) (b) Paulus Diacon . de gestis Longob . lib. 6 , cap. 4. Diaconus ) sent vnto Pope Constantine letters of peruerse doctrine , which the Pope togeather with the Councell of the Sea Apostolique reiected &c. And the people of Rome ordeyned , that neither the name , nor the edictes , nor the money that had the image of the heretical Emperour vpon it , should be admitted , or receaued .

And at what time the Emperour Leo Isauricus fell into the heresy of the Iconclastes , or Image-breakers , and began to persecute the Catholikes in the East ; Pope Gregory the second after many dilations assembled a Councell of the Bishops of the West at Rome , by which he depriued the Emperour of all his rightes , tributes , iurisdiction , and power Imperiall that he had in Italy , and all this with the aduise & assistance of the French . And though some Authors be silent herein , yet Theophanes , Cedrenus , & Zonarus , Greeke historians , affirme it , and none of them deny it . The most holy Gregory , sayth Theophanes (c) (c) Theop. in hi●● miscel lib. 21. , withdrew Rome & Italy , and al the rights as well of the Republique , as of the Church into the west partes , from the obedience of Leo , and of his Empire . Zonaras saith (d) (d) Zon. tom. 3 Annal. in Leon. Isaterico . , Pope Gregory seeing the persecutions of the Emperour Leo against the Catholikes , did cut off from communion with him the Bishop of Constantinople , and those who imbraced the same impiety , and exposed them together with the Emperour , to an Anathema Synodique , & forbad the tributs which til then had beene paid to the Empire , and adioyned himselfe with the French ; whereupon they might take an occasion to make themselues maisters of Rome .

And when the French were resolued to abandon and forsake Childerike , and to substitute Pipine in his place , though the cause that moued them to remooue and make away Childerike , was his impertinency and his stupidity : yet in as much as it touched Religion by occasion , because Childerike his imbecillity & weaknes did put France in danger of falling from Christianity , (a) (a) Orat. legat . Pipini apud Paul . Aemilium in Child . 3. through the inuasion of the Sarazens , who were become possessed of all Affrike and Spaine , and had already many times ouerrun and wasted France , and that otherwise it rested vpon the absolution of an oath in matter of conscience : They would not in any wise yeild to do homage to Pipin , vntill the Pope had absolued them in the spirituall Tribunall , from their precedent and former oath they had made to Childerike . Pipin ( saith Paulus Aemilius (b) (b) Paul . Aemil. de reb. gestis Franc. in Child . 3. after infinite other authors ) sent Burchard Bishop of Wirtzburg to Pope Zachary , for the abrogating & taking away of the obligatio of the oath , by which the French were bound to Childerike . And againe : The Pope absolued the French from the Oath they had made to Childerike , and they assembling the States did homage to Pipin , in quality of King . (c) (c) du Tillet en la vie du Child . 3. And the Lord of Tillet in his Memorialls , sayth : To take a way the note of periury and infidelity , it was thought best to send vnto Pope Zachary , Vegard Bishop of Wirtzburg , & Fulrad chaplayne of the said Pipine , for the obteyning of absolution vnto the said subiects , from the oath made vnto the said King Childerike , and of approbation of the election by them made of the said Pipin for their King . And this was accorded by the said Pope .

And when as againe , after the heresy of the Emperour Constantine Copronymus , and of Leo his Sonne , and the persecution that Constantine Sonne of Leo raysed against the Catholikes for his false marriage , Charlemaine became beloued , and potent in the West , and that it came to be vnderstood , that by the inconstancy of the Emperours of Greece , there was no more certainty at all for stability of religion in those prats of the East ; Pope Leo the third absolued with effect , all their subiectes of the West from their fidelity , declaring Charlemaine Emperour of the West in their place . The French , sayth Zonaras , (a) (a) Zonar tom . 3. Annal. in Iren , & Constant . made themselues Lords of Rome , Pope Leo hauing crowned Charles , and called him Emperour of the Romans : And Theophanes : (b) (b) In hist. nuscell. 22. The Pope to requite Charles , crowned him Emperour . And Eginard Chancelor to Charlemain saith : (c) (c) Eginard . in vita Caroli magni . our Charles in the beginning had such an horrour at the title of Augustus , as he affirmed , if he had vnderstood the Popes intention , he would not that day haue come to the Church , notwithstanding it were a solemne festiuity . And the Lord of Tillet in his Memorials sayth thus : (d) (d) du Tillet enla vie de Charlemaine . Charlemayne was King of all France , by the half wellneere augmented and increased by him , and after that by Pope Leo crowned the first Emperour of the West .

And when King Charles the Simple meant to vse the help of the Infidells , and to bring in the Normanes , who were Pagans & Idolaters , into the Christian Countries of the French , to make warres against his enemies ; Fouques Arch. bishop of Rhemes threatned him , that he would renounce the fidelity he ought vnto him : (e) (e) Frodoard . hist. Eccles. Rhemens. Who is he , quoth he , who being faithfull vnto you , as he is bound , hath not an horrour , that you desire the amity and friendship of Gods enemies , and haue a will , to the detriment and ruine of the name of Christ , to receaue and admit the armes of the Infidells , and detestable aliances with them ? And a litle after : It were better you had neuer beene borne , then to haue a will to raigne by the protection of the Diuell , and for you to be assistant vnto them , whome you should most eagerly oppugne . Wherfore know you , that if you so do , and condescend to such counsells , you shall neuer haue me loyall and faithfull to you : and I will further withdrawe from your fidelity all that I shal be able : and I , togeather with my fellow Bishops will excommunicate you , and your complices , and adherentes , and condemne you with a perpetuall curse , in place of the fidelity I beare vnto you .

And when King Philip the first in the beginning of the last race forsooke Bertha his wife , daughter to the Count of Holland , and tooke in place of her Bertrude , wife of Fouques Count of Anjou yet liuing , ( matter that concerned the violating of a Sacrament , and not of the breach of one Sacrament by simple adultery , which had beene a crime of manners , but by the superinduction of another Sacrament , and by a publique profession of making it a matter lawful , in keeping , euen in the sight of his whole realme , the wife of another man still liuing , in his Royall bed , and in title of Queene and his Spouse , in place of his owne wife yet also aliue , when as the precedent mariages had not by the Church been declared to be of no validity , which was a cryme acompanied with heresie : ) Pope Vrbane notwithstanding he was to contend with an Antipope , reprehended the King , and after many admonitions , perceauing his pertinacy and obstinacy , excommunicated him in a Councell of almost 300. Berthold . ad ann. 1095. Bishops , assembled at Clermont in Auuergne , and interdicted his Realme . And Pope Paschal after him did the same . At the Councell of Clermont , sayth Malmesbury , (a) (a) Guil. Malmesb . lib. 4. c. 2. in Guil. 2. the Pope excommunicated Philip King of France , and all them who called him King and obeyed him , or spake vnto him , if it were not to correct him . And Iuo (b) (b) Iuo Carnot . ad Vrban . Epist. 46. of Charters , writing vnto the same Vrbane , sayth : They will menace and threaten you , that the King and his Realme will depart from your obedience ( that is , will passe to the obedience of the Antipope ) if you restore not the Crowne to the King , and absolue him from the excommunication . And the Lord of Tillet sayth (c) (c) Du Tillet en la vie de Philip. 1. : In the yeare 1100. Iohn and Benedict Cardinalls , and Legates of Pope Paschal the second , sent into France , assembled the Prelates at Autun , at Valence , and at Poictiers , and after hauing admonished the King to take the said Queene Bertha agayne , and to leaue Bertrude , excommunicated them , and interdicted the Realme . Wherupon the said King was moued to iudignation : But in conclusion he obeyed .

And when the Emperour Henry the fourth who liued at the same tyme with Philip the first complayned a while before Pope Gregory the seauenth , for hauing absolued and discharged his subiectes from the Oath of fidelity ; he reproached him that he could not doe it , for that he had not committed any errour in faith , and that the tradition of the Fathers , ( obserue the tradition of the Fathers , to giue to vnderstand that it was not then any new inuention , or deuise ) did warrant , that he could not be deposed , if he erred not in faith : (d) (d) Epist. Henr. 4. ad Greg. 7. à Protestant . edita , vnà cum alijs . Refertur à Centuriat . Cent. 11. c. 8. de Schismate . The tradition of the Fathers , saith the Emperour , hath taught that I ought to be iudged by God alone , and that I could not be deposed for any crime , so I declined not from the faith , which is not pleasing vnto God .

And when Philip Augustus , the litle sonne of Philip the first , was fallen into the like contempt and dislike of his wife Engeberge sister to the King of Denmark , that his Grandfather was of his wife Bertha ; and had caused his mariage to be dissolued & disaunlled by Cardinal William his vncle Archbishop of Rhemes and Legate in France , in preiudice of his former mariage , he tooke to wife the daughter of the Duke of Morauia : The Pope thereupon tooke notice of the matter , as of the violating and transgressing of a Sacrament vnder pretence of religion . And seeing the resistance that the King made , he excommunicated him , & interdicted his Realme : (a) (a) Du Tillet en la vie de Philip. August . The sentence of Cardinall William was ( sayth the Lord of Tillet ) reuoked by Pope Innocent the third , as giuen without order of iustice . And because the King presently after the sentence giuen holding himselfe vntied and free , married Agnes daughter of the Duke of Morauia , the King and the Realme were interdicted . And hereunto the Cronicle of Foiz , cited by Vignier , hath addeth , (b) (b) Viginer liure 3. de Phist . de Prance en Panne 1200 en la Biblioth. hist. pag. 3. That during the time of this interdict , they did put in France to the publique contracts , not in the raigne of Philip , but in the raigne of Iesus Christ .

And when Iohn King of England , who was not yet at that time obliged by any temporall acknowledgment to the Pope , (c) (c) Act. in t . Bonif. 8. & Phil. Pulch. fol. 91. p. 1. had driuen the Bishops out of his Realme , and seized vpon their goodes , the same King Philip Augustus held an assembly of his Estates at Soysson , where he proposed to make warre vpon the King of England , for that he persecuted the Church , and for that the Pope had discharged and absolued his subiects from their oath of Allegiance to him : (d) (d) Du Haillan li. 10. de Phist . de France en la vie de Phil. Aug. Rigard . lib. de vita Thil. Aug. adan , 1212. The King sayth Du Haillan ( notwithstanding he be an historian very passionate against the Popes ) at the intreaty of the Pope , at Soyssons held an assembly of the Prelates and Peeres of his Realme , to take aduise , and consult about the meanes , how he might passe euer into England against King Iohn , to make war vpon him , as a persecutor of the Church , whome the Pope had then excommunicated , acquiting , taking away , and discharging his subiectes of the Oath of allegiance they did owe vnto him . And a litle after . The greater part of the Nobility were of opinion , that he had iust cause so to do , as well being thereunto moued , by authority of the Pope , as for the reestablishing of the Bishops , and other the Prelates in their Churches , from which they had beene thrust and driuen out by Iohns Tyranny , whome the Pope had excommunicated . And againe all the Nobility with one accord promised Augustus to serue him with their owne persons in this enterprize , Ferrard the Count of Flanders only excepted .

And when the Emperour Otho , nephew of the said Iohn King of England , meant to take his part , and to make warre vpon France , the said Philip Augustus sent vnto the Pope to sollicite and mooue him to declare Otho depriued of all the rightes of his Empire : and for the execution of this censure he bestirred himself , and vsed his courage and his Armes so effectually , as vnder the conduct and fauour of the Popes cause and quarrell , he wan the greatest battavle that euer King of France had gayned against any Emperour , to wit , the battayle du Pont de Bouuines , where the Emperour had aboue an hundred and fifty thousand fighting men . The King , sayth du Haillan , aduertised of the threates of the Emperour Otho , Du Haillan la mesine . Rigard . ibid. vsed such expedition in the busines , and wrought so effectually with the Pope , as he declared the said Otho enemy of the Sea of Rome , and depriued him of his Imperiall titles . And the Electors of the Empire , at the sollicitation and incitement of Augustus , who sent to them Ambassadours to make his way , elected and chose Frederike the King of Sicily Emperour . And a litle after he putteth downe King Philip his speach to his army in these wordes . My Friends , saith the King , let vs take good courage : Du Haillan ibid. Rigard . ibid. Let vs not be afraid : Let vs haue honour before our eies , and the feare of God in the first place , to whom we must recommend our selues . We haue to fight against an Enemy condemned , censured , and excommunicated by the Church , and for his impieties and wickednes separated , and cut off from communion with the faithfull .

And when Reymond Count of Tholouse , and the greater part of Gaule Narbonoise , became to be infected with the heresy of the Albigenses , & began to persecute the Catholikes , there assembled first a Councell of French Bishops at Montpellier , (a) (a) Histoire Albigeoise rapportèe par Vignier en son hist. de France liu. 3. en l'ann. 1214. and after that , the Councell of Laterane , for heresy , depriued both him and Reymond his sonne of the County of Tholouse , and adiudged it to Symon Count of Montfort , who had taken armes against him , ( and of this came the vnion of the County of Tholouse , and of the adioyning Prouinces to the Crowne of France : ) By decree of all the Councell of Laterane ( saith du Haillan (b) (b) Du Haillan en la vie de Philip August . Rigard . ibid. whom I do often cite because it is euery where in the handes of all ) Reymond the Count of Tholouse , & his sonne also named Reymond were excommunicated &c. And the County of Tholouse was adiudged to Symon Count of Montfort . And againe : Simon shewed vnto the Estates of the County of Tholouse , the decree of the Councell , by which he was declared Count of the said County . And there opposed not any one against it , but all with one accord tooke the Oath of fidelity to him . And the Lord of Tillet saith in his Memorials these wordes : En la vie de Louys 8. The County of Tholouse came to the King by good right , the said Reymond and his Father being confiscated , that is to say , hauing lost it by confiscation for heresy ; and Symen Count of Montfort hauing procured and gotten it , and Amaulry his Sonne hauing transferred , and made it ouer to the King : he was so gratious to the said Reymond by the treaty of peace , as to restore it vnto him conditionally , that it should returne to the said King if his said only daughter had not issue by Alphonse of France the Count of Poittou

And when the same vniuersall Councell of Laterane ( which may worthily be called the most Vniuersal Councel , for so much as besides the Pope , and the foure Patriarkes of the East , Matth. Paris . in Ioan. ad● an 1215. Magdeburg . Cent. ●● . cap. 9. de Synod . who were there present , some in person , as the Pope , and the Patriarkes of Constantinople and of Hierusalem , and the other by their legates , as those of Alexandria and of Antioch , there were seauenty Archbishops , 412. Bishops , and more then 800. Prelates : and more then this , all the Monarches and Kinges of Christendome were there assistant , eyther by themselues , or by their Ambassadours , and the Emperour of the Fast , the Emperour of the West , the King of Hierusalem , the King of France , the King of England , the King of Arragon , the King of Castile and others : ) When the Councell , I say , intended to prouide for the extirpation and rooting out of the Reliques of the Albigenses , it ordeyned , that the Princes , who should become contemners of the Councell , that condemned the Albigenses , should be depriued of the obligation of their subiectes fidelity towardes them . And this I remember not for an example to disturbe or trouble the publique peace and tranquillity , sith the Heretikes be in so great a number , as they make a notable part of the body of the Estate : but to shew that we cannot hold that for hereticall , which was pronounced and decreed 400. yeares since by the mouth of the Vniuersall Church .

For as touching them , who for the frustrating of this decree do alleage , and cite (a) (a) Plat. in vita Innocen. 3. what Platina , and after him the (b) (b) Suppl . Chron. l. 13. ad an. 1215. Supplement of the Chronicles affirme , that the Councell proposed many thinges but resolued nothing , they are more worthy of pitty then answere . For who sees not , that those Authors there speake of the preparatiues of the army for the warre of the holy Land , and not of matters of Doctrine , or Ecclesiasticall discipline ? Otherwise a man should impugne as false , that therin was resolued the Article of Transubstantiation ; the Article of the Procession of the holy Ghost , of the Father , and of the Sonne ; the precept of annuall Confession to all the faithfull ; the condemnation of the errours of the Abbot Ioachim ; together with all the writinges of the Schoole Doctours alleaging these things ; the practise of all the Iurisdictions of France , followed in the searching and finding out of heretikes . We should impugne of falsity the Decretals of Gregory the ninth , (c) (c) Decret. Gregor. l. 5. tit. 7. de haeret . c. 13. Excommunicamus compiled twelue yeares after the Councell of Laterane , where that decree is repeated at length , vnder the title of the Councell of Laterane ; the writings of Matthew Paris (d) (d) Math. Parisan●e . ad . ann. 1215. a Writer of the same age , and a great enemie of the Popes , who sayth , that the Councell of Laterane made 60. ( you must reade 70. ) Decrees ; the Bul of Pope Clement the 5. in fauour of King Philip the Fayre , who returned the readers to the decrees of the Laterane . Councell ; & the Centuriators also , (a) (a) Acta inter Bonif. 8. & Philip . Pulch. who inserted all the 70. Articles of the Laterane Councell into their Centuries . Finally we should impugne of falsity the coniunction of the County of Tholouse to the Crowne , which was founded vpon that Councells Decree ; and the reasons and declarations of the Court of Parlament to King Lewis the Eleuenth , touching the extinguishing of that pragmaticall Sanction or Decree , where the Court prayeth the King to order the Elections according to the Councell of Laterane in these wordes : In the Councell of Later●ne ( saith the Court ) which (b) (b) Refertur à Biblioth. lib. 4. decret. Eccl. Gall. was assembled & held at Rome by Pope Innocentius the third , in the yeare 1215. where were assistant and present 1333. Prelates ; there was prescribed a certaine forme of Election , and thereunto was annexed , that in case of the Electors negligence , the right and power of prouision for the Church , should fall to the Superiour Prelate , Cap. (c) (c) Cone . Lateran . c. 24. Quia propter . & Cap. (d) (d) Ibid. 〈◊〉 23. Ne pro defectu . But I haue made to far a digression ; let vs returne to our Historie .

Wherefore when the Generall Councell of Lateran , which represented all the Christian Common wealth , both spirituall and temporall , meant to prouide for the extinguishing of the reliques of the Albigensian heresy , it conceaued , made , and published this (e) (e) Conc. Later . c. 3. Canon : If any Prince neglect in his landes and territories to extirpate the heresy of the Albigenses ; let him be excommunicated by the Archbishop of the Prouince : And if he continue obstinate ; let it within the space of one yeare be signified to the Pope , that he may absolue his subiects from their Oath of fidelity .

And when Pope Innocentius the 4. did at the Councell of Lions , absolue the Subiectes of the Emperour Frederike , from the fidelity they owed vnto him ( I dispute not now whether iustly or vniustly , for so much as my scope , drift , and intention is not , but to shew how the Kinges of France haue in such occasions carried themselues ) the King S. Lewis , took vpon him the protecting of the Popes cause against the Emperour . The King of France ( saith Paulus (a) (a) Paul . Aemil. in vita S. Ludouici . Aemilius ) being come to Lions , by zeale of office & of Religion , for the assisting of Innocentius , and hauing made a protestation , that both himself , & his forces , and the Counsel of his Realme were ready to maynteyne , & defend the power and authority of his Holines , added strength and dignity to Innocentius his cause . And euen those , who to make the Pope & the king S. Lewis odious , write that the Pope offered to cause Robert Count of Artois , the Kinges brother , to be elected & chosen in place of Frederike , but that the Barons of France refused it ; add that the Barons themselues protested , that the Emperour could not be deposed , if he erred not in faith . You shall heare the Barons wordes , be they true , or be they faigned , deliuered after many inuectiues against the Pope , by Matthew Paris an Englishman , (b) (b) Matth. Paris . in Hen. 3. ad an. 1239. who fauoured the Emperour , & was the Popes heauy enemie , and taken out of him by Vignier , (c) (c) Vignier en la 3. p. de la Biblioth. hist. Pan. 1239. who yeilded not a whit vnto him in that behalfe . And thus he sayth : But to the end we may not seeme to contemne the Popes commandement , though it be euident that it came from the Church of Rome , more vpon hatred to the Emperour , then for a loue to our Nation ; we will send men of prudence on our part to the Emperour , who shall diligently informe themselues what conceit he hath of the Catholike faith , and therof shall make a report vnto vs . And in case they find not any thing but sound , wherefore should we disquiet him ? But if otherwise , we will persecute both him , (a) (a) Cost addition ( and the Pope himself ) sent 〈◊〉 stile de l'Anglois . & non comydes Barons de S. Louys . and the Pope himselfe , if he beleeue not in God aright , or whome soeuer besides , to the very rooting out of the memory of them .

And when Peter King of Aragon , besides much intelligence , and correspondence he interteyned with the Insidels , had caused the festiuity of Easter day to be violated , by the horrible massacre of the Sicilian Euensong ; Pope Martin the 4. saith Paul Aemilius , (b) (b) Paul . Aemil. in Philip. 3. and du (c) (c) Du Haillan l. 12. de Phist . de France . Haillan after him ) acquited , and absolued the Aragonians of the Oath of fidelity they had made to the said Peter . And Philip , surnamed the Hardy , Sonne of the same S. Lewis , and Father of Philip the Fayre , tooke armes for the execution of the Popes censure , & died in executing of it . But I insist the lesse vpon this example , because though there were some cryme of religion intermixed with the motiues of the censure : yet there wanted not many temporall respectes and causes : I only alledge it to shew how far off the Kinges of France were from holding , that it was contrary to the word of God , and impious and detestable to thinke , that in certaine cases the subiectes might be absolued from their fidelity and allegiance , sworne to their Princes , sith they became themselues the executors , and reputed such actes amongst the chiefest workes of their piety . For the defendors of (d) (d) Act. inter Bonif . & Phil. Pul●h . fol. 80. pag. 2. Philip le belle , haue put this example amongst the meritorious workes of the Kinges of France . Philip his Father , say they , ended his life , and went to God prosecuting in Aragon the Churches quarell .

And when the Pope Vrban the fifth had excommunicated Peter the Cruell King of Castile , For that , saith Froissart (a) (a) Proissart vol. 1. cha. 230. an Authour of the same tyme , he was an (b) (b) Bulgaret en Froissart signifie Albigeois , an heretike . heretike , a persecutor of the Church , & conspired with the Moores ( some adde (c) (c) De Ser●es . an abnegatour and abiurer of his Christianity ) and had discharged his subiectes of the Oath of their fidelity : King Charles the si●th assisted the Popes censure with his armes , and sent his Constable with an Army to driue Peter out of Castile , and to put Henry the Bastard of Castile in his place The King of France , saith Froissart , (d) (d) Froiss . en Phist . de Fran. 1. volian c. 230. was very glad of this ordination and decree , and laboured and effected that Monsieur Bertrard du Guesclin was sent to the Finance . And du Haillan saith : Charles (e) (e) Du Haillan e● la vie de Charle 5. the fifth King of France relying vpon the interdict laid by the Pope vpon the Realme of Castile , & vpon the right by him giuen to the Bastard , sent forces of the French for his ayde and succour , vnder the conduct and charge of Bertrard du Gues●lin newly returned from his prison .

And when the Conncell of Constance ( which all the Parlamentes of France imbrace , and receaue , as the Palladium of liberties of the Church of France ) was assembled and held , for the taking away of the schisme that was betweene the three Popes , contestating and standing for the Popedome ; & that the Emperour Sigismund tooke vpon him the charge of going in Embassage in behalf of the Councell to Pope Benedict the 13. into Spayne ( a iourney vndertaken for a reunion , and taking away of the schisme of the vniuersall Church , & wherunto none might cause any impediment or let , without declaring himselfe an enemy of Christian religion ) the safe conduct that the Councell gaue him for his security of passage through the landes of other Princes and Potentates , was comprised in these wordes : (a) (a) Concil. Constant . fess. 27. If any King , Cardinall Patriarke , Archbishop , B●shop , Duke , Marques , Count be any hinderance , or let vnto him ; let him be depriued of his dignity , be it secular or Ecclesiasticall . And this , Gerson Chancelour of the vniuersity of Paris , and the Kinges Ambassadour , and all the Bishops deputed of the Church of France , being present and consenting .

And when the Councell of Basil consisting for the greater part of French Bishops , and which the Parlamentes hould for another Bulwark of the Church of France , meant to propose a perpetuall example of direction & d●scipline to posterity , it caused the same Actes of the Councell of Constance to be published anew , and with the very same wordes . And not only the Councell in generall , but also the Doctours in particuler , who haue liued since the Diuinity which we call Scholasticall , hath been instituted , and namely those who haue beene Frenchmen , or haue written and taught in France , haue all held & auerred this doctrine .

I will not speake of them who haue more exalted and extended the Popes power , as Alexander de Hales (b) (b) Alexand Halen . p. 4. quast. 10. an English Doctour ; but who read and taught in Paris , Hugo de (c) (c) ●ugo de S. Vict. l 2. de Sacram . p. 2. 〈◊〉 . 41. S. Victore , an Almaine , yet a Doctour and Abbot of Paris ; Durand Bishop of Mande , (d) (d) Durand . M●●●● . in 〈…〉 . surnamed the Speculatour ; Durand (e) (e) Durand . M●ld . l. de orig. ●urisdict . q. 2. Bishop of Meaux ; Peter Paludanus (f) (f) Petr. Palud . tract . de caus . imnad . potest . art. 4. Patriark titular of Hierusalem ; (g) (g) Heru . tract . de potest . Papae . Heruey , and others : But I will speake only of them who haue specified the case of heresy , or of Apostacy , and namely of S. Thomas , who for hauing taken the degree of Doctour in France , and studied , read , and written so long a time in France , ought to be reckoned and numbred among the French Doctours ; and who , for hauing beene the chief of them all , and for hauing had the honour to be Kinsman to S. Lewis , and to haue beene highly fanoured by him , and to haue eaten at his table , ought to be the lesse suspected of Princes .

He then in his Summe , which is the substance of all his other writinges , and as his last will and testament , and which hath at all times beene publiquely read , and ( if I may say it ) adored in the Schoole of Paris , sayth expressely in these wordes : (a) (a) Tho. 2.2 . q. 〈◊〉 art. 10. 〈◊〉 corp. art . The right of dom●nation or gournement that the Infidells haue ouer the faithfull , may be iustly taken away by the sentence or decree of the Church , hauing the authority from God . For the Infidells by the des●rt of their infidelity merit to loose their power ouer the faithfull , who be transferred to be become the children of God . And sometimes it happeneth , that the Church doth this , and sometimes it doth it not . And againe : (b) (b) Ibid. q. 11. art. 2. 〈◊〉 corpore art . So soone as any is deuounced excomunicated by sentence for Apostacie from the faith , his subiectes be absolued from his domination and subiection , and from the Oath of fidelity , whereby they were bound vnto him before . Behold what this holy and wonderfull Doctour , or rather this Eagle of Doctours , whome the Schoole of Deuines calleth the Angelicall Doctour saith , and this in his Summe which hath been euer publiquely read at Paris , and held for the miracle and oracle of Scholasticall diuinity , and who hath neuer been noted nor taxed in this Article by any , neither French , nor other .

And not only he , but euen those also , who among the Doctours of the faculty of Paris , haue purposely and expresly written for the Emperours , and for the Kings against the Popes , and haue taken vpon them to demonstrate , that the Popes could not declare the subiects absolued in conscience from the Oath made to their Princes , haue alwaies excepted the case of heresy , and infidelity ; and especially when the Princes went and proceeded so far , as to haue a will to destroy , and ouerthrow the Christian , or Catholike Religion , and to inforce , and constraine their subiects in their consciences , and to persecute them as they were either Christians , or Catholikes .

For William Occam , who fauoured the Emperour against the Pope , and whome the French Doctours who haue impugned the Popes temporall authority , haue taken for their Patron , hauing written expressely touching the Power Ecclesiastique and Laique , spirituall and temporall , where he disputeth of set purpose , that the Pope hath not any power at all , to absolue the Subiects of Kings from the Oath of Allegiance they owe vnto them ; excepted in generall termes the cases of Heresy or Infidelity : (a) (a) Occam . lib. 8. q. 2. c. 8. ad 3. alleg . The Pope ( sayth he ) cannot ordinarily depose the Emperour , no more then other Kings , though he be neuer so worthy to be deposed : nor for any crime or default , though neuer so great , if it be not of the number of the spirituall crymes .

And Iohn of Paris , to whome the more sincere seruants and fauourers of Kings send the Readers to learne and vnderstand , what ought to be the limits and bounds of the authority spirituall and temporall , doth there bring the very same exception : (b) (b) Io. Par , lib. de potest . Regis & Papae c. 14. If a Prince , sayth he , were an heretike , and incorrigible , and lib. a contemner of the Churches censure , the Pope might do something in the behalf of the people , wherof might ensue that he should be depriued of his secular dignity , and deposed by the people . And this the Pope may do in the only crime Ecclesiastique , the vnderstanding and notice wherof , appertayneth to him that is to excommunicate all them , who should obey such a Prince as their Lord and Soueraigne .

And Iames Almaine Doctour of the Faculty of Paris , who at what time King Lewis the 12. was at difference and variance with Pope Iulius , tooke vpon him the defence of the Kings power against that of the Pope ; and for that cause did publish and put to light what Occam aforesaid had composed , and written against the Pope , touching the boundes of both powers , and illustrated them with explications and notes of his owne , relateth the words of Occam in these termes : Doctour Occam , (a) (a) Almain l. de potest . Eccles. & Late . c. 8. sayth he , writeth , that Iesus Christ hath not giuen power to the Pope to depriue the Laiques of their Dominions , and their possessions , except in case that a secular Prince should abuse himselfe therin to the ruine of Christianisme , or of the faith ; so as that abuse should extend to the domage of eternall felicity . For in this case it is not to be denied , but that the Pope hath power to dispose , though other Doctours deny it : albeit they confesse , that the Pope hath only authority , and power to declare , that such a Prince ought to be deposed . Loe Almaine his wordes in the first part of his booke . And see agayne what he sayth in the second part of it ; The Doctour ( sayth he , speaking (b) (b) Alm. ibidem . of Occam ) hath answered , that if the Emperour be worthy of deposition for a cryme of the former kind , that is , for spirituall crymes , he may be deposed by the Pope : for as much as the Pope hath full power to punish spirituall sinnes . But if he be worthy of deposition for a cryme ciuill and politique , it then belongeth not to the Pope to depose him . And it is not to be said , that the condition of the Emperour , and of other Kinges , is not paralell , alike , and equall . For Occam handleth them as equall , and manteyneth , that the Emperour dependeth not in any sort of the Pope for his temporalities . And a little after , passing vnto the opinion of Iohn Doctour of Paris , he sayth : (c) (c) Alm. ibidem . Iohn of Paris holdeth , that for any crime , either spirituall or politique , it apperteyneth not vnto the Pope to depose the Emperour , but by accident &c. that is to say , in as much as he may excommunicate him for such a cryme , and all them that take parte with him ; and consequently by such an excommunication to constreyne them to depose him . And so he deposeth him only by accident , and indirectly , and not directly .

And yet these be the principall supportes wherewith the Kinges and Church of France , haue serued themselues , when they meant to withstand and oppose themselues , against the progresse of the Ecclesiasticall power , ouer the temporall . These be the bookes which the Kinges haue caused to be written for the maynteyning ; and vpholding of their authority . These be the bookes which the Faculty of Diuinity , haue caused to be published at such time , as the Kinges had any variance with the Popes . These be those writinges that were reprinted and put to light agayne , and illustrated with explications , when King Lewis the 12. entred into a difference with Pope Iulius , in the time of the Councell of Towers , and of Pisa . These be the bookes which were caused to be published for the same subiect , vnder our deceased King of glorious Memory , and that an eight yeares since , that is to say , in the yeare 1606. and whereunto the Maisters of the Kinges retinue of the Parlament of Paris , do remit and refer their Readers , to vnderstand what be the batteries & strongest defences of the Iurisdiction spirituall & temporal . And this Schoole of Sorbonne ( saith the deceased Monsieur Procuratour , or Attorney Generall de la Guesle , (a) (a) Apud Rochell . in Decreto Eccl. Gall. lib. 5. c. 8. speaking to the Schoole of Sorbone on the behalf of the Court ) hath excellent obseruations in the writings of Gerson , and in the booke de potestate Regia , & Papali , composed by Iohn of Paris Doctour in this faculty , and in a thousand places besides . And notwithstanding this , what saith Iohn of Paris ? That the Pope (b) (b) Supra pag. 47. in case of heresie , can depose only indirectly , in as much as he can excommunicate those who do adhere to an hereticall Prince , and consequently compell them by imposition of some spirituall payne to depose him , though he cannot depose directly . And what saith Gerson ? That the power Ecclesiasticque cannot take vpon it power ouer the secular , but in case of heresie , or of impugning the faith . The power Ecclesiastique ( saith (c) (c) Gerson de pot . Eccl. confiderat . 22. tom. 1. Gerson ) ought not to presume , or vsurpe ouer the rightes , dignities , lawes , and iudgments of the secular power , but when the abusing of the secular power redoundeth to the manifest impugnation of the faith , and the blasphemy of the Creatour , and to the manifest iniury of the power Ecclesiastique . For then a remembrance must be had of the last clause of this consideration ; that is , that in such cases , the power Ecclesiastique hath a certaine dominion and power regitiue , directiue , regulatiue , & ordinatiue .

And not only the Deuines , but the Lawyers also be of the same opinion . For to say nothing of those who haue further extended the Popes power , as Iohn de Selue (a) (a) Io. de Seiu . eract . de Benef. p. 3. q. 8. President of the Parlament of Paris , (b) (b) Ioan. Fab. in log. 1. nu. 10. c. de sum . Trinit. & fide Cath. Iohn Faber Aduocate of the same Parlament , Stephen Aufrerius (c) (c) Aufr . de potest . saecul . President of the Parlament of Tholouse : But to restreyne my selfe to those who haue written expresly for the limiting of the Popes power , when Maister Raoul de Presles Counsailour and Maister of Requests to King Charles the fifth , translated by commandement of the same King , the work intituled , Of the Power Pontificall and Imperiall , or Royall , he proposed the 15. obiection for the Popes temporall authority in these wordes : Item the Pope may abso●ue the vassalls ( or subiects ) from the oath of fidelity , which is due to the temporall Lord , which thing he would not do , if he had not power in temporall matters . And he made answere for the Princes in these wordes : (d) (d) Raoul de Presles imprimé en Almaine parles Protestants . I answere to this argument , & say , that in a case in which the Pope may haue action against a Prince , he may also absolue the vassals from their oath of fidelity : or which is more , he may declare them absolued as in case of heresie , of diuision of the faith , or of contumacy against the Church of Rome .

And when the Chancelour of the same King Charles the fift composed in fauour of his Lord and Maister , a dialogue of the Power Regall and Sacerdotall , (e) (e) Le songe dit Verger , attribué par quelques vns au Chaunceleur des Domans : par les autres a Philip de M●gi●s Cos●●ller & in●●ne confident du R●y Charles 5. he made answere by him who mainteyned the part of the Regal power , That the power spirituall commaundeth not the secular , but when the secular power intermedled it self in matters spirituall , to the preiudice and hurt of the eternal good of the soule . Behold his wordes . (a) (a) Lib. 1. c. 7.8 . in res milit . But there where the secular Prince would meddle in spirituall matters , and do some thing in regard of his subiects , to the detriment and hurt of their eternall saluation , the spirituall power is then necessary , which in such a case commaundeth , and guideth the temporall .

And after this when Peter Gregory a lawyer of Tholouse vndertooke in his Treatise of the Republique , the defence of the Regall authority against that of the Pope , he alwaies excepted the cases of faith , & saith , that the Pope could not depose Childerike of his owne authority , that is to say , without the instance of the French ; for he addeth : (b) (b) Petr. Gregor. Tholof . tract de Repub. l. 6. cap. 5. Childerike was not an Heretike , nor had commited any Ecclesiasticall crime , wherby he should haue beene enforced to submit himself to the Iurisdiction of the spirituall Sea . And againe : Cest autheur est citè parles Anglois , par ●auteritè temporel des Roys , & imprimè ●uecq priuilege verifie au Parlement . The example of the Emperours ought not to be drawne for a president for other realmes principalities and gouerments , which depend not vpon the Sea of Rome in temporall matters , and care not much for her commandements in such matters . I alwaies except , as I haue said els where , the cases of faith , in which the Princes of what power and libertie soeuer they be , are directly subiect to the Sea of Rome , & may be punished for the crymes they commit in such cases ; Alwayes vnderstood , that as the crimes be personal , & go not further then to persons deli●quent , so the paine that is due to them , infringeth not the right of the success●urs to their Kingdome .

But against this , one obiectes three principall instances . The first is taken from the resistance made by Philip the Fayre , to the attempt of Pope Boniface . The second is taken from the opposition of King Lewis the tweluth , to the pretensions of Pope Iulius . And the third is drawne from the arrest , and Decree of the Parlament of Paris against Tanquerell .

To the first of these instances , the defendours of the exception answere is , that the subiect of the controuersy was not matter of heresy , or of Apostacy from Christian Religion . On the contrary the people of France gaue testimony to King Philip the Fayre , that he was a great distroyer of the Bulgares , (a) (a) They anciently called the Asbigēses , Bulgares , because the Bulgores held their heresie , & after that al Heretiques were by extension so called . that is to say of Heretikes . And as touching them who wrot for the King , so farre were they from houlding , that it is impiety to belieue that the Pope can for cry me of Religion disanull the Oath of fidelity and allegiance , as they themselues alleaged amongst the meritorious workes of the Kings predecessours , that his father died for the execution of the absolution , which the Pope had giuen and graunted the Aragonians from their fidelity to their Prince . Philip his Father ( say they ) (b) (b) Act inter ●●enif . & Thil. ●idch . q● de po●●st Pap. fol. 80. passed to God prosecuting in Aragon the Churches cause . But the subiect of the quarrell was , that the Pope pretended , that the temporall soueraignty of France apperteyned vnto him . Against this therefore the King opposed himselfe and all his Realme , & appealed not to the Pope , but from the person of Boniface ( whome he maynteyned not to be Pope ) to the Councel , & to the Sea Apostolique , when it should be prouided of a true Pope . The King , saith du Haillan , (a) (a) Du Hailan in his history of France in the life of Philip the Fayre . answered , that sith Boniface was not the lawfull Pope , he appealed for this fact to the Sea apostolique , at that time destitute of Pope & Pastour . And King Philip the Fayre himself in the forme of his appellation saith : (b) (b) Act. inter Bonif . & Phil. Pulch. Wee appeale to the said Generall Councell , which we most hartily craue may be assembled , and to the true and lawfull supreme Bishop that shal be , and to others to which , or to whome it shal be meete to appeale . For the King and his maynteyned , that Boniface was not the true Pope , but was intruded and thrust into the Popedome by fraud & simony , (c) (c) Ibidem . Celestine his predecessour the true & lawfull Pope still liuing . And they further added that he was an (d) (d) Ibidem . Heretique , and consequently not Pope , for as much as , said they (e) (e) Ibid. in appell fact . per reg. & regni col . art. 18. he had reuealed a confession : and more then that , he pretended , that he beleeued not in the presence of Christes body in the Holy Sacrament . And for this the Count of Artois caused his Buls to be burnt , not as of the true Pope , but as of a false one , intruded heretical , & symoniacal : and for this cause the King appealed not from the Pope , but from the person of Boniface to the Councel , & to the Sea Apostolique , when it should haue a true Pope ; & he sent two Knights to signify his appeale , the one an Italian named Schiarra , and the other a Frenchman named Nogaret , who surprized by intelligence the Cittie of Anagnia wherin Pope Boniface was , whence being deliuered vp , and sent to Rome , he dyed within awhile of sorrow .

In place of Boniface was chosen Benedictus , to whome presently after his creation , the King gaue sufficiently to vnderstand , that what he had done against Boniface , was done but against his person , and not against the Sea Apostolique . For he wrote vnto him with this superscription , (a) (a) Act. inter Bonif . & Phil Pulch. fol. 94. To the most holy Father in our Lord , Benedict by the diuine prouidence , Supreme Bishop of the sacred holy Church , Roman and vniuersall , Philip by the grace of God King of France , deuoutly kisseth his blessed seete . And further with this cōgratulation : (b) (b) Ibid. f. 95. The Order of the Preachers do glorie to see sitting in the supreme throne of iustice , such a father of the Vniuerse , and of the faith ; such a successour of S. Peter , and such a vicar of Christ . And together with this concludeth : (c) (c) Ibid. f. 96. We recommend confidently the Realme , in the gouernement whereof we doe by the grace of God sit , and withall we recommend the Church of France to the fauours of your Holines . And to Benedict who continued in the Sea but eight monethes , succeeded Clement the fifth , vnder whome the affaires of reconciliation were in such sort accorded , and brought to an end , as the temporall rightes of the Realme continued in their integrity . And Clement himselfe came to Lions , where the King to honour in him the spiritual power of Christ , put himselfe on foot , togeather with his brethren , to receaue him . Our Chronicles , saith du Haillan , (d) (d) Du Haillan en la vie de Philip le Belle. doe affirme , that the King of France , and his two brethren were on foote by the Popes side , holding his horses bridle .

To the second instance , which is of the complaint of Lewis the 12. the defendors of the exception make the very same answere : That the source and origen of that difference was not matter of religion , but cases meerely temporall , that is , of the league and association that Pope Iulius and King Lewis the 12. at that time Duke of Millane , had made and entred into against the Venetians . For the Pope seeing how the King grew as great as he could desire in Italy , fel of from that alliance with him , and reconciled himselfe with the Venetians . The King incensed with this separation , and the Popes deportement , and bad carriage towardes him thereon following , caused a Councell to be held at Pisa , and after againe at Millan , by the Cardinals and other Prelates of his side , where the Pope was declared susspended from the administration of the vniuersal Church . The Pope sore moued at this attaint , caused another to be held at Rome , where to requite the King , he declared him , and his adherents deposed from the administration of their temporall Estates . But the French both Ecclesiastike and Laike , knowing that the first source & beginning of that discord proceded from passion of matter of State , & not of religion , interteyned vnion in such sort with the King , as nothing could separate them from him . For as touching the losse that happened vnto Iohn de Albret of the Kingdome of Nauarre , the Continuer of Paulus Aemiltus , though he was a sore enemy of the memory of Pope Iulius , confesseth not , that the sentence of the Pope was the true cause : on the contrary , he maynteineth that the cause for which Iohn de Albret lost the Kingdome of Nauarre , was for breaking of from the alliance he had with Ferdinand King of Aragon , which alliance Ferdinand affirmed was ratified vpon condition , that if the Kinges of Nauarre did violate the same , then the Kingdome of Nauarre should returne to the Spaniardes : and he did put himselfe into that alliance of King Lewis the 12. vnder promise , that he should procure the soueraignity of Berne to be restored vnto him . This then the Continuer of Paulus Aemilius auerreth to be the true cause of the losse of the Kingdome of Nauarre . And the other neither to haue beene the true cause , nor true pretext , but only a help of a pretext , of which Ferdinand not hauing taken his aduantage , did not yet leaue to pretend , that the Kingdome of Nauarre appertained vnto him , and so to take possession of it . The King of Nauarre , saith he (a) (a) Ferron . Continuat . Pauli Aemil. in . Lud. 12. denied in the beginning , that he could refuse to giue passage to the King of Aragon , to passe into France , saying ; first that he was hindred to declare himself enemy to Ferdinand , by the alliance he had with him : and Ferdinand himselfe vaunted , that when the Kingdome of Nauarre , was by the Spaniardes rendred vp , into the handes of the race of Albret , it was by caution written and prouided , That in case their successors should breake their alliance , the Kingdome should returne to the Spaniardes . And a litle after : (b) (b) Ibid. Whereupon Ferdinand hauing vnderstood that the King of Nauarre was entred into amity with the King of France , turned against him the forces which he had prepared for his iourney into France . And this was the cause for which Ferdinand did thrust his neighbour , & next bordering King out of his Kingdome . And more then this , he added the pretext of another matter , namely that the Pope had declared the King and his adherentes excomunicate , & their Kingdomes exposed .

To the Third Instance which is taken from the Arrest , or Decree of Parlament , which Mousieur Chancelour of the Hospitall caused to be made against Tanquerell , there needeth no other answere then the Answers going before . For the Arrest toucheth not in any sort the exception , wherof the French Doctours speake , who haue written in defence of Regall Authority , which is the case of Heresy , or Apostacy from Christian Religion ; but only the fact of temporall Soueraignty , as it appeareth by the disauowing of the proposition that was comprised in these words ; (a) (a) Ap●d Boch●●l . Decree . Eccl. Gall. lib. 5. ca. 6. I am sorie , that I haue held , that the Pope was Monarch spirituall and temporall , and can depose Princes that are rebellious to his commaundements . And therefore to what purpose is it to alleadge this history , and other the like , which speake of temporall Soueraignty , alleadging them against the exception of which we treate , which they who make it , extend but to the cases of Heresy , or of Infidelity alone , that is to say , of abiuration of Catholike , or Christian Religion ? But it may be replied , that the Popes may well impute vnto Kinges , either by passion or bad information , that they be Heretikes or Apostata's from Christian Religion , though they be not so indeed . But against this , the authors of the exception thinke they haue carefully prouided . For first they protest , that they meane to speake of an Heresy notorious , well knowne , and condemned by the precedent sentence of the Church . And secondly they confesse not , that the execution temporall of these Ecclesiasticall iudgmentes ( that is to say of actuall deposition ) appertaineth to the Pope , but to the body of the Realme . By occasion wherof , if the Pope erre in fact , and he presuppose falsely , that a Prince maketh a publique profession , to belieue , or establish an Heresy condemned by the Church ( a matter that cannot be concealed or hidden ) the Cleargy and all the rest of the Realme in place of following the iudgment of the Pope , do ioyne themselues with the King ; and make knowne vnto the Pope , how he was deceaued , and mistaken in the fact , demaunding that the matter may be iudged in full Councell , the Church of France being present .

In so much as it is so far off that this manner of proceding restrayned to the only case of Heresy or manifest Apostacy from Christian Religion , may cause the ruine and ouerthrow of Catholike Kinges , as that on the contrary it doth assure and fortify them with a double rampaire . For if the subiects haue any bad will , they are not permitted vnder pretext of Religion to moue any thing against their Prince , vntill the authority of the vniuersall Church , residing either in the head which is the Pope , or in the body which is the Councell , hath declared him fallen into heresy , or Apostacy from Christian Religion . And if the Pope deceaued or misinformed in the fact , precipitantly and vniustly declare him such a one ; besides the recourse that the French are wont to haue to require of the Pope , that the matter may be examined in a Councell , where the Bishops of all the Church , & in particuler those of the French Church are present ; the declaration of the Pope cannot be followed to the temporall effect , which is actuall deposition , vntill the Realme consent vnto it , and see demonstratiuely by the conuersation of their Prince , whether he maketh profession of the Catholike Religion , or of any other . Now , who vnderstandeth not , that it much more profiteth Kings to haue this double rampaire before them , that is , that nothing can be designed against them , without the preuention of the Churches vniuersall iudgment , nor be effected without the concurrence of the consent of their people , then to permit & leaue to the liberty of euery particuler person , to censure of the religion of his Prince , & after he hath giuen his iudgment , to make himselfe an arbitrer of the remedy that is to be applied ?

It further appeareth , that our Kinges haue beene so farre of from thinking that this barre of the Popes authority , interposed betweene them and their subiects , hath beene preiudiciall vnto them , as on the contrary they haue with great instance obteyned of the Popes ( and that by a priuilege both very singular and fauourable ) that none other but the Popes may excommunicate the Kinges of France , or impose interdiction , be it in generall vpon the whole Realme , or in particuler vpon the Landes vnder their obedience .

Hence it is , that Peter de Cugneres (a) (a) Petr. C●gner . grauam. 59. the Kinges Aduocate among other the complaints that he made to King Philip de Valois against the Church-men , brought this article for one : Moreouer they haue many times interdicted many of the Kinges Cities and Castles , and haue caused the diuine seruice therein to cease , against the priuiledges that our Soueraigne Kinges haue from many Popes . For Pope Alexander the (b) (b) Alexand. 4.2 . Calend. April . Pontif. an. 2. 4. yealded th●se wordes vnto the King S. Lewis , by expresse Bulls ; That no Archbishop , nor other Prelate can publish against your land sentence of excommunication , without commaundement , or speciall licence of the Sea Apostolike . And Nicolas (a) (a) Nicol. 3.13 Calend. Octobr. Pontif. an. 1 : the third vseth these wordes in his Bull to Philip his sonne : That none generally pronounce the sentence of excommunication , or of interdiction against all your land , or against the Realme of France , without speciall commandement of the Sea Apostolique . And besides Clement (b) (b) Clem. 4.3 Idib . Martij . Pontif-an : 2. the fourth , Gregory (c) (c) Greg. 10.9 . Cal. April . Pontif. an. 1. the tenth , Martin (d) (d) Mart. 4. cal . Octob . Pont ann. 1. the fourth , Clement (e) (e) Clem. 5.2 . cal . Aug. Pontif. ann. 2. the fift who published the like Bulls , Clement (f) (f) Clem. 6.2 . cal . lan . Pontif. ann. 9. the sixt renewed them afterward againe by Bulls sent to King Iohn , and to the Queene Iane his wife in these termes : Giuing consent to your deuout petitions , we yeild vnto you by Apostolike authority , to you and to your successours Kings of France , who shall be from time to time , that none can publish sentence of Interdict against your land or theirs , without speciall commaund , or licence of the Sea Apostolike . And againe by other Bulls (g) (g) Idem 12. cal . Maij Pontif. ann. 9. sent to the same King Iohn and Queene Iane , for their Chappells in particuler , in these wordes : That it be not lawfull for any to put the Chappells of you , and of your Successors Kinges after you , vnder Ecclesiasticall Interdict , without speciall licence of the Sea Apostolique . And these Bulls were addressed , and sent to the Court of the Parlament of Paris , by the letters Patentes (h) (h) Anno 1369. of Charles the Fifth , to cause them to be registred ; And they were registred (i) (i) 14. calend maij . by Act of the same Parlament , shewing their execution and verification .

But here the question of Right is not disputed , namely whether the French Doctours haue had reason to except against the insolubility of the Oath of alegiance , in cases of Heresy or Apostacie from Christian religion ? The matter which we now speake of , is a question of Fact , that is to say , Whether they haue excepted them ? And for this wee need no better witnesses then the English writers , (a) (a) Widrington Apol. pro Iur. Prine . who haue put their hand to pen for the defence of the Oath , made by the present King of England against the Pope . For hauing vsed all their endeuour to find some doctours , & in particuler French , who had held their opinion before these last troubles , they could hitherto bring forth neuer any one , neither Diuine nor Lawyer , who saith , that in case of Heresie or Apostacie from Christian religion the subiects could not be absolued from the Oath of Allegiance . On the contrary , the French men ( whome they haue cited , as Iohn of Paris (b) (b) supra pag. 47. , Iohn Maior (c) (c) Io. Maior in . 4. sent. dist. 24. , Iames Almain (d) (d) Io. Alma . supra pag. 48. , Peter Gregory (e) (e) Petrus Greg. supra pag. 52. , alwaies except the cases of Heresie or of Apostacy from Christian religion . And as for Strangers and Forrayners , as Occham (f) (f) Occ. supra pag 47. , Antony de Rossellis (g) (g) Ant. de Rossell . Monarch . part . r. c. 56 , and Vulturnus (h) (h) Vultur . lib. de Reg. mundi , they affirme the same . For as touching Marsile of Padua they were not so hardy as to alleage him , for so much as he is well knowne for an heretike by the vniforme consent of all Catholiques , as hauing denied , that the Pope was head of the Church iure diuino , and S. Peters Successour , which the Councell of Constance (i) (i) Concil. Costant . sess. 8. in condem . art . Wicaf . bindeth to beleeue , as an Article of faith , and vnder payne of Anathema : In so much as for this very cause the Emperour Charles the Fifth caused his bookes to be burned publiquely .

Moreouer they durst not alleage the Epistle of the Chapter of Liege against Pope Pascalis during the contentions of the Popes and of the Emperour Henry the 4. First , for that the Bishop of Liege vnder whome it was written , was the Emperours Chaplaine , and one of his faction ; (a) (a) V●sperg . in Chron. & very passionate against the Pope , as hauing beene created Bishop by the Emperour , & by the Anti-pope . Secondly , for that at what time it was written , the Emperour resided actually in Liege (b) (b) Ibid. : Thirdly , for that the Chapter of Liege hath since (c) (c) Ibid. abrogated it , & razed it out , by the pardon they craued of the Pope , for hauing taken part with the Emperour : And fourthly that the same Emperour doth recall it , when he wrote to Pope Gregory the seauenth the third Pope after Paschalis , saying : (d) (d) Inter Epist. Hen. ● Protest . edit . That it was the tradition of the Fathers , that he could not be deposed , if he erred not in faith . Which Cusanus (e) (e) Cusan . l. 3. concord . Cath. c. 7. the Imperialist writing for the Councell of Basil against the Pope , hath since auowued and auerred in these words : If the Pope finde that he who hath beene chosen Emperour , erreth in faith , he may declare him not to be Emperour ,

They well alleage indeed Sigebert (f) (f) Sigeb . in chro . anno 1088. who saith , that it was a nouelty , not to say heresy , to teach the people , that they did not owe any subiection to bad Kinges . But besides that , this Sigebert was a man no lesse passionate for the part of the Emperour , then was the Bishop of Liege : what he sayth , doth not any way touch the case brought by the exception , which is of Kinges Heretikes , or Infidells .

Now , if those who haue of set purpose laboured in fauour of the Oath of England , (g) (g) Widring : in Apol. pro iur . Princ. to finde out authors who haue affirmed , that in case of Heresy , or of Infidelity , the subiectes could not be absolued from the obligation that they owe to their Princes , could not finde out any one : And if those , who haue since written of the same subiect in France , could neuer finde out in all France , since the time that Schools of Diuinity haue beene instituted , and set open , til this day , one only Doctour , neither Diuine , nor Lawyer , nor Decree , nor Councell , nor determination , nor Act of Parlament , nor Magistrate either Ecclesiastique or Politique , who hath said , that in case of heresie , or of infidelity the subiectes cannot be absolued from the oath of fidelity they owe to their Princes : On the contrary , if all those who haue written for the defence of the temporall power of Kinges against Popes , haue euer excepted the case of heresy , and of apostacy from Christian Religion ; how is it , that they can without inforcing of consciences , not only make men to receaue this doctrine , (a) (a) Artic. of the third Estate . that in no case the subiects can be absolued from the oath of Allegiance they owe to their Princes , for a perpetuall and vniuersall doctrine of the French Church : But also to cause all the Bishops , Abbots , and other Ecclesiasticall persons to sweare it , as Doctrine of faith , and to condemne the contrary , as impious ; peruerse , and detestable ? And how can we endure a proposition to passe for a Fundamentall Law of the Estate of France , which came to light & was borne in France , more then an eleauen hundred yeares since the State of it was founded ? And when there shal be found as many persons who shall haue followed it in France , as there be found who haue followed the contrary , what shall they be able to inferre more ( other nations contradicting ) then to hold it for problematique in matter of faith , and not to cause men to take and sweare it , as conforme to Gods word , and necessary to saluation , and to abuse the other as contrary to the word of God , & impious , peruerse & detestable ? But this is inough for this point . Let vs passe to others , and endeuour to handle them all in as full & worthy manner , as this Audience doth deserue .

THE SECOND INCONVENIENCE , that I haue bound my self to shew in this Fundamentall Proposition is , that not only it giueth vnto Lay persons power & authority to iudge of thinges of Religion , and to decide the doctrine that it contayneth , to be conformable to the word of God , and the contrary to be impious , peruerse , and detestable : But also it giueth these men authority , to impose a necessity vpon the Ecclesiastical persons , to sweare , preach , and teach the one , and by Sermons and writinges to impugne the other . And who seeth not that this is to make the Church like vnto that woman , of whome S. Epiphanius speaketh , (a) (a) Epiph. hares. 59. quae est Cathar . who did put her head-tyre vpon her feete , and her shoes vpon her head : which is as much to say , as to commit the commaund and authority of the Church to the parties that should obey ; and to put obedience vpon the parties whose office it is to commaund ? And what is this but to open a gate to all heresy ? What is it , but to turne vpside downe , & to ouerthrow the Churches authority ? What is it but to tread vnder foote the respect of Iesus Christ , and of his ministery ? To be short , who seeth not , that it is a Sacriledge , that hath at all times drawne the Ire , Wrath , and Vengeance of God aswell vpon Kinges , and Princes , as vpon particuler Persons , who haue attempted the same ?

Euery one knoweth that , Saul (a) (a) 1. Reg. 13 & 15. was deposed from the right of his Royalty , and died a miserable death , because he would take vpon him the office of a Sacrificer . We know that Oza (b) (b) ● . Reg. 6. was punished with a sudaine death , for putting his hand to the Arke , that seemed to sway to the one side . We know that King (c) (c) 2. Paralip. 26. Ozias was stroken with leprosy , and excluded from the administration and gouernment of his Kingdome , for taking the Censar into his hand . And holy Writ saith , (d) (d) Malach. 26. The lippes of the Priest shall keepe knowledge , and the Law they shall require of his mouth , because he is the Angell of the lord of Hostes. And the Prophet Esay (e) (e) Esay . 54. saith to the Church , Euery tongue resisting thee in iudgment , thou shalt iudge . And againe : (f) (f) Idem . 60. The King shall walk in thy light , & the people in the brightnes of thy rising . And King Iosaphat distinguisheth the boundes of the one and the others Iur●diction in these wordes : (g) (g) 2. Paral●p . 19. Amarias ( saith he ) the Priest and your Bishop , shal be chiefe in these thinges that appertayne to God : and Zabadias the sonne of Ismael , who is the Prince in the house of Iuda , shal be ouer those workes which perteyne to the Kinges office . And our Sauiour (h) (h) Matth. 19. saith himselfe , Whosoeuer shall not heare the Church , let him be vnto thee , as an Ethnick and a Publican . And S. Paul speaking vnto Pastors (i) (i) Act. 20. saith : The Holy Ghost hath placed you Bishops , to rule the Church of God , which he hath purchased with his owne bloud . And speaking to the Laytie he saith : (a) (a) Heb. 3. Obey your Prelates , for they watch , hauing to render an accompt of your soules . And againe : (b) (b) Heb. 5. Neither doth any man take the honour to himselfe , but he that is called of God , as Aaron .

And therefore we see that the first Christian Emperours , were euerso respectiue and Religious , as they would neuer make themselues Iudges , neither of matters of faith , nor of matters of the Churches discipline , nor of the Bishops causes among themselues , for feare of violating the rectitude that Gods Ministers ought to bring to Ecclesiasticall Iudgments , by the feare of temporall Iurisdictions . And that if they published any lawes in such cases , it euer was , after the Bishops had passed them , and to further the temporall execution of the decisions , formerly made by Ecclesiastique authority .

It is not lawfull forme , saith (c) (c) Ruff. l. 10. Eccles. h●st . c. 2. Constantine the Great , who am placed ouer temporalities , to censure and iudge the causes of Bishops And the Emperour Valentinian (d) (d) Sozom. l. 6. c. 7. the first said : It is not lawfull for me who am of the Laitie , to arrogate to my selfe the curiosity of searching into these matters . And the Emperour Theodosius the second (e) (e) Epist. ad Sinod● Ephes. writing to the Councell of Ephesus , sayth : It is not lawfull for him , who is not of the ranke of Bishops to intermeddle himself with the decision of the affaires of the Church .

And the most glorious and victorious of all our Kinges , which was Charlemaine , confirming the answere that Censtantine made , saith : (f) (f) Carol. m●g● . l. 6. cap. 301. The Emperour Constantine answered vpon the accusations of the Bishops , To me who am placed ouer temporalities , it is not lawfull to iudge the Bishops causes . And confirming that which the Emperour Valentinian had said , he vsed these words : (a) (a) Ibid. Your busines is aboue vs , and therefore iudge among your selues of your owne causes : For you are aboue vs .

And when on the contrary , the hereticall Emperours would take vpon them , to meddle with Ecclesiasticall iudgmentes , the holy Fathers resisted them , & contradicted them with all manner of constancy . We are not permitted ( said Hosius to the Emperour (b) (b) Epist. ad Const. apud Athan . in ep. ad solit. vit. agent . Constance ) to hold the Empire on earth , nor to You to lay hand on the Censar , and to vsurpe the authority of Religion . And S. Athanasius sayth : (c) (c) Athan. epist. ad solit. vitam agen . When was it euer heard in the memory of man , that the iudgments of the Church , tooke their force from the Emperour ? And againe : (d) (d) Ibidem He treateth not of matters of the Roman Common wealth , where there may be credit giuen to you as to an Emperour : but he speaketh of a Bishop . And a little after : (e) (e) Ibidem Who is he , who seeing an Emperour , occupying the chiefest place in matters of the Church , would not iudge that it were the abomination of the desolation fortould by Daniel ? And Gregory Nazianzen (f) (f) Greg. Naz. orat . adcities ti. percuis . & Princip. irascent . saith : Will you heare a free word , which is , That the law of Iesus Christ subiecteth you to my Iurisdiction , & to my tribunal . For we are Emperours also , namly in an Empire greater and perfecter then yours . And S. Ambrose (g) (g) Ambr. ep. 32. ad Imper. Valent . innior . saith . Who maketh any doubt if we regard the order of the Scripture , or the antiquity of the Church , but that the Bishops in causes of faith haue a custome to iudge of Christian Emperours ? And againe : Your Father said , It is not for me to iudge betweene Bishops ; And your Clemency saith , It apperteineth to me to iudge . And S. Martin the renowned ornament of the Gaules , saith : (h) (h) Apud Seuer . Sulpit l. 2. sacrae . hist. . It is an impiety new , and not heard of before , that a secular Iudge should iudge of matters of the Church .

And against this it helpeth not to alleage that the Emperour Constantine did call himselfe (a) (a) Euseb. l. 4. de vit. Constant . cap. 24. a Bishop out of the Church . For Constantine by that meant nothing lesse , then to say that he had iurisdiction and superintendency ouer the externall forme and discipline of the Church . Els wherfore should he haue desired with so great instance the authority of the Councell of Nice , for the decision of the day of Easter ? But he meant only to say , that what the Bishops did by their preachings among the Christians within the Church , that did he out of the Church , by his Edictes against the Infidells . He ordayned ( sayth ●usebius ) by his Edictes , and gaue order to the Gouernours of the Pagans , to cause them to keep the Sunday also , aswell as the Christians , and to honour the dayes of the Martyrs , and the feastes appointed in the Churches . And therof it came , that hauing one day feasted some . Bishops , he called himselfe , Bishop in their presence , saying vnto them : God hath placed you Bishops within the Church , and me a Bishop out of the Church .

But me thinkes I heare You already say , that the matter of this article is not a question of Religion , but a simple and meere question of Estate , and Policy . As if to handle , how farre the spirituall vse of the keyes , and of the power of binding and loosing , which God hath giuen vnto his Church , extendeth it self , were not a question of Religion ? As if to dispute whether these keyes might passe to the excommunicating of them , that willingly obey their Princes , who after hauing done homage of their Crownes to Iesus Christ , come to vse manifest felony against him , to proclayme warre against him , and to impugne his faith and doctrine , were not a question of Religion ? As though to dispute whether those keys could in conscience , and in the Churches tribunall absolue soules of the Oath of Allegiance , they owe to their Princes , when their Princes violate , and breake the reciprocall Oath they haue made to God and to them , to mayntaine them in Christian and Catholike Religion , were not a question of Religion ?

For therin being two obligations and bandes , by which the subiectes are bound to obey their Princes , the one politicke , which hath for his scope , the peace and felicity of the temporall life , and against the violating wherof there be temporall paynes ordained , which is that wherof the Apostle speaketh (a) (a) Rom. 13. when he saith , That a man must obey Princes not only for wrath ; the other , religious and Ecclesiastike , which is that of the obedience , that Christians owe to their Princes , not for the simple respect of lawes and paynes temporall , but for respect vnto God , and for the consideration of rewards and paynes eternall , which is that , that the same Apostle (b) (b) Ibid. calleth for conscience sake : Who doubteth , when there is question of vntying , not of the simple knot politike , for which the politike lawes be instituted , but of the spirituall , and Ecclesiastike knot , and of the obligation contracted in the tribunall and Court of conscience , and this being the matter which is now in dispute , whether in case of heresy it may be v●tied or not ; who doubteth I say , whether this question be a question of Diuinity ? And more then this , whatsoeuer the matter be in it selfe , who seeth not , that to dispute , if it be conforme , or contrary to Gods word , is a question of Religion ?

But some will reply , and say , that this is so cleere and so euident by Scripture , as it admitteth neither vntruth , nor dispute , nor censure . Is it true ? Where then there is a proposition which all the schoole Doctours , and namely the two great lightes of Schoole Diuinity S. Thomas , and S. Bonauenture , and so many other Bishops and Doctours , haue thought conforme , or at least not repugnant to the word of God ; shall the contrary proposition be so cleere in Scripture , as it shall need neither to be disputed about , nor censured ? And what article then of faith may not be thrust out of the Churches Tribunall , and exposed to the prey of Hereticall presumption , if it be inough to say , that it is so cleere in Scripture , as that therin , there is neither need of dispute , nor iudgment ?

Indeed this might haue some apparence , if those who hold the one of the propositions , should alledge Scriptures for themselues , and the others should not cite any at all . But as well those who hold the affirmatiue proposition , as those who hold the negatiue , argue by Scripture , answere by Scripture , and reply by Scripture . For example , they who hold the affirmatiue , that Princes who ouerthrow and destroy religion , 1. Reg. 15. may be excluded and depriued of their right , alledge , that Samuel deposed Saul , or according to others ( for I pretend not to treate here by way of resolution , but only problematically ) declared him deposed , for hauing violated the lawes of the Iewish religion . ● . Reg. 11. That the Prophet Abia deposed Roboam from his right of regality that he had ouer the Ten tribes of the people of Israel , because Salomon his Father had reuolted and fallen from the lawe of God , and sacrificed to false Gods . That the Prophet Elias deposed Achab for hauing imbraced 3. ●●g. 19. the religion of false Gods , and persecuted the seruantes of the true God .

Those contrariwise who stand for the negatiue part , answere , that the organs , instruments , ministers , and oracles of such depositions , were the Prophets , who were particulerly and infallibly instructed , taught and inspired of Gods will , and that their actions cannot be drawne into a consequence for the time of the Euangelicall law , wherin there be more Prophets .

Those , who reply forthe affirmatiue part say , that where there were in the Iewish religion , two sortes of missions , the one ordinary which was Sacerdotall , and the other extraordinary which was that of the Prophets it ; was to this end , that if the ordinary came to decay , or to decline , it might be raysed vp agayne and supported by the extraordinary : But in the law of the Ghospell there is but one mission , and that Sacerdotall , or of Priestes . All the authority & infallibility which was in the two missions of the old Testament , is vnited in the only ordinary & Sacerdotall mission of the new ; which consequently can no more fayle , and be deceaued in iudging of Heresy , or of Apostacy from Christian Religion ( which be the two only causes , for which the French Doctours , who haue written in fauour of Kinges , think a Prince may be excluded from the right of raigning ouer Gods people ) then the propheticall mission of the old Testament .

And others adde , that euen in the old Testament this prerogatiue was not restrayned to the Prophets alone , but was extended to the Priest : For the Priests iudged of the leprosy , If thou perceauest ( saith the Law ) that there is difficulty betwene leprosy and leprosy , Deut. 27. thou shalt arise , & go vp to the Priests of the Leuiticall stock . And hereof there were two reasons : the one , for that the leprosy , as all the ancient Fathers haue obserued , was a figure of heresie , the iudgment wherof by right apperteyned to the Priests of the new law of the Gospel alone : the other , for that the leprosy was not then one simple malady or disease , naturall amongst the Iewes , as it is now , but it was a punishment extraordinary , Leuit. 14. miraculous and diuine . For this cause it lay one while in a stone of the wall , Leuit. 13. which was to be pulled out , to take it away , another while in a linnen , or wollen garment .

By occasion whereof the iudgment of this plague , apperteyned to them who were the ordinary interpreters of the causes of Gods Ire , that is to say , to the Priestes . And in this ease , say they , all were subiect vnto them , euen the Kinges themselues and bound after they had giuen sentence of the leprosy , and declared them to be touched with it , to separate themselues from company , and from the gouernment of the people . And of this they bring for example the story of King Ozias , 2. Paralip. 26. who was suddainly stroken with a mark in the forehead for hauing ( notwithstanding what Azarias the high Priest said vnto him ) taken the Censar in hand , to offer incense before the Altar ; & the high Priest iudging it to be the leprosy , did thrust him out of the Temple , and from conuersing with the people , & by that meanes caused , that the administration and gouernment of the Kingdome was taken from him , and transferred to his sonne : though among other nations the leprosy depriued none of conuersation with others ; nor of the gouernment of the Common wealth ; witnesse wherof is Naaman , 4. Reg. 5. who was Generall of the warfarre of the King of Syria , and Gouernour of his whole Kimgdome .

Finally to passe from thinges figured , to things literal , 1. Mach. 2. & seq . they allege the story of Matathias high Priest , & the head of the family & house of the Machabees , who seeing Antiochus who raigned in Iury , to haue an intent to force the Iewes in their ancient customes , and to ouerthrow their law , and to persecute them by punishmentes , torments , & death , tooke armes , & gathered Gods dispersed seruantes together who effected & wrought so much vnder his conduct and his sonnes , as they deliuered the people from the yoke of the Seleucides , and tooke from them the Kingdome of Iury , and by that meanes conserued the religion of the Iewes , which without such a resolution , fauoured by Gods visible assistance , had els beene quite exterminated , and abolished out of the land .

Those who hold the negatiue part , come downe to the new Testament , and cite for themselues this passage of S. Rom. 13. Paul , where he writeth ; Let euery soule be subiect to higher Powers : 1. Petr. 2. For he that resisteth the power , resisteth the order instituted of God . And this of S. Peter : Be ye subiect , whether it be to Kings , as more excelling , or to Rulers . And by this they inferre , that obedience to Kinges , is of Right Diuine , and therefore cannot admit dispensation by any authority , neither spirituall nor temporall .

The maynteyners of the affirmatiue part , answere to this , that these passages do not in any sort touch the knot , or difficulty of the controuersie . For the question ( say they ) is not , whether it be de Iure diuino , to obey Kinges whilest they are Kinges , or knowne for Kinges ; But the question is , if it be de Iure diuino , that he who hath beene once known , & acknowledged for King by the body of Estate , may cease to be ; that is , that he may do some thing , by which he commeth to loose and forgo his rights , & to cease to be acknowledged for King .

Now , these two questions be farre different : For , to take an example euen of him , vnder whome S. Peter suffered martyrdome , it was de Iure diuino to obey Nero , whilest he was Emperour : But it was not de Iure Diuino ( say they ) that he could not fall from his Imperiall rightes , and be deposed , and declared an enemy of the Common wealth . It was de Iure diuino , so long as Antiochus was by the Community of the Iewes acknowledged for King , that the Iewes should obey him in matters that were not against God ; For he was no lesse temporall soueraigne of the Iewes , then was the Emperour Claudius , vnder whome S. Peter wrote . But after that Mattathias the high Priest , and the rest of the nation of the Iewes , who liued conforme to their owne law , had declared him a Tyrant , and a violatour of the consciences of the people of God , & therefore no more their lawful Prince ; the particuler Iewes were then no longer bound to yeild him obedience .

And not only the defenders of the affirmatiue parte : but euen M. Barcklay himselfe , who is the principall propugner of the negatiue part , vseth this distinction and sayth : Controuers. Menarch . Mach. l. 4. cap. 16. There is not any case wherin the people can rise against a Prince ruling after an insolent manner , so long as he continueth King . For this commandement of God is alwaies against it , Honour the King , and he that resisteth power , resisteth God . And therfore the people cannot haue by any other means authority ouer him vnles he do something , by which he by right ceaseth to be King .

And els where they adde , 1. Petr. 2. what S. Peter writeth , Rom. 13. Be subiect to euery creature , whether it be to King , as excelling , or to Rulers as sent by him . And S. Hebr. 13. Paul : Let euery soule be subiect to higher powers . And the same Apostle writeth els where in more expresse words thus : Obey your Prelates , and be ye subiect vnto them : For they watch for your soules , as those who ought to render accompt . Hence it ariseth , that it is as wel de iure diuino to yeild spirituall obedience to Prelates , as it is to yeild temporall obedience to Princes . And yet it followeth not , that it is de iure diuino , that the Prelates , no not the Pope himselfe , cannot fall from their rights of Prelacy ; nor that it is de Iure diuino to continue to obey them , after they haue lost their right .

But the defendours of the negatiue part obiect , that the Church which liued vnder the first Pagan Emperours , neuer made vse of this right of absoluing in the spirituall Court , the Christians from the Oath they had made vnto them : And contrariwise , that the first Christians preached not any other thing , then obedience that they yeilded to the Emperours .

To this againe the maynteyners of the affirmatiue part answere many thinges . For first they say , that the Church not hauing absolued the Christians of the Oath of fidelity by them made to the Pagan Emperours , all the Christians in particuler were bound , euen in conscience , to obey them , and pray to God for the safety and prosperity of their Empire . And as touching the cause for which the Church did not take away the spirituall obligation , the Christians had to obey them , they bring three reasons .

The first is ; For that it had beene ouer great imprudency and folly , to irritate and incense the Pagan Emperours , by such a declaration , in a time when they were the Lordes of the whole world , & for that such an act could haue beene not only vnprofitable , but also absolutly domageable & pernicious to the Christians , against whom to incense the Emperour at such time , as they had all the forces , and the world within their handes , was not to succour or promote religion , but to precipitate & ouerthrow it cleane . For it is not sufficient to say , that the Church is bound to doe some thing , because she may lawfully do it , vnlesse she also can doe it with prudence and profit .

The second reason is ; For that there is great difference betweene the Pagan Emperours , vnder whome the Church began to lay her first foundations , and to take the first rootes , and the Princes who should now fall into Heresy , or into Apostacy from Christian religion , and should become either Arians , or Mahometans , or Pagans . For the Pagan Emperours who then were , had not yet at that tyme done homage to Christ , nor yielded or bowed their necks to Christes yoke , as we read that S. Greg. Turon . in Clodoueo . Remigius said to our first Christian King : Mitis depone colla Sicamber , they were not yet by a mutuall , and reciprocall oath bound to their subiects to liue & dye in the religion & obedience of him who carieth written vpon his thigh , Apocal. 19 Psal. 105. Kinge of Kinges , and Lord of Lordes . And those wordes of the Psalme : The Kinges & nations shall be gathered togeather , to serue our Lord , Esa. 49. were not yet at that tyme fullfilled : Nor those of the Prophet Esay : The Kinges shall adore thee prostrate vpon the earth , and shall lick vp the dust of thy feete .

By meanes whereof , they not hauing beene declared vassalls & tributaries of Christ , nor hauing made to him any oath of homage & fidelity , nor hauing beene receaued by their subiects with that condition they should liue vnder the Empire and Ensigne of Christ , and not beeing bound to their subiects by contract and mutuall oath ; when they began to proclayme warre against Christ , they fell not by their owne proper Profession into any manifest cryme of felony ; neither declared they themselues by their owne iudgment vnworthy , and to haue lost the Fee which they held of him ; they violated not the reciprocall and mutual oath , that was betweene them & their people .

But at this day the Christian Princes , who haue for so many ages since made profession , to be vassals and tributaries of Christes Kingdome , and to subiect their Scepters , their Diadems , & Crownes vnto his Empire , who haue raysed , seated , and placed his Crosse vpon their Ensignes , and in their standardes , carried it vpon the forefront of their Diadems , haue set it vpon the top of their Crownes , haue stamped it vpon their monies and coynes , that it might appeare whose tribute-coyne it was , haue made these Inscriptions , Christus vincit , Christus regnat , Christus imperat , haue bound themselues after so long a tyme , by oath , at their Consecrations , both to God and to their people , to maynteyne the faith of Christ , and with that condition receaued the Scepter at the handes of their Peeres , and the reciprocall oath of the people : These I say , when they come to proclaime warre against Christ , & to breake the oath they haue made to him , and to their Estates , not by a simple act of contrariety , nor by a simple declaration and fact of repugnance , but by a profession and protestation of a will alwaies bent to contradict , and to oppose against him : not by a simple violating and breaking of an oath , but by a vow and oath of a mind , resolued for euer to violate and break their oath : not by simple default of faith , but by the yealding of their faith and promise to the enemy of him , to whome they had by a former promise and faith bound themselues ; that is to say , by abiuring and persecuting the Catholike Religion , and by publike profession of Arianisme , or of Mahometanisme , or of Paganisme ; Then they fall into a contumacy of perfidiousnes against God , and make themselues incapable of the tenures they hold of their Soueraigne , & vnworthy to be acknowledged for Lieutenantes of their Subiectes , and of those that be vnder their charge .

And from this derogateth not that which others object , that Kinges cease not to be Kinges before their consecration , & therfore the oathes which they take at their Consecration are not essentiall conditions of their Royalty : For they answer , that Kinges before they be consecrated , be presumed to haue taken their Oath , & made it to their people in the person of their predecessors , as the people are also reputed , & held to haue taken their Oathes of Allegiance vnto their Kinges , in that which they haue made to their predecessours . In so much , as when there happeneth any impediment of Consecration , they are alwayes thought to haue made and taken their Oath in desire and will , and implicitè , as the Schoole Deuines say , by a couered relation , that the condition vnder which they raigne , is pretended to haue , to the oathes of their predecessors , and namely to the first Kinges of the races and lynes . They who are not only content to bind theyr Successors by their example to take the like oath to their subiectes but also to assure vnto them the Crowne , with the more strong bandes , they would oft see them consecrated in their owne life tyme , teaching them by the oath that they caused them in such a case to take , and make to their people , with what a lawe and condition they passed the Crowne ouer vnto them . 4. Cor. ● .

And to this they further add , that where S. Paul sayth , That it was ashame to Christians , that they were iudged in causes , that they had amongst themselues , Cedr . in com . hist. in Iust. ad lib. 1. tit. 5.6.11 . by the Infidells ( a thing which the Emperour Iustinian conuerted into a law , when he ordeyned that neither Pagan nor Heretike should be admitted to the administration or gouernement of the Common wealth ) he seemed to insinuate , that the commandement which the same Apostle gaue the Christians who liued vnder Pagan Emperours , to obey them , was a commaundement made by prouision , and for the time ; namely vntill the Church were so multiplied and increased , by the vniuersall conuersion of the Pagans to Christian Religion , as it were , or should be within the power of Christians , to be able , without perill and wrack of state , to hinder the admitting & receauing of any other Princes , but Christians ; and to obserue this Law of Deuteronomy : Thou shalt make one a King among the number of thy brethren . Deut. 17.

The second difference that is betweene the one & the other Princes , is taken from the diuers condition of Christian people . For in the time of the ancient Pagan Emperours , which is the tyme ( sayth S. Augustine ) meant by the first part of Daniels Prophecy , Aug. epist. 60. the Christian had not yet attayned the temporall Tribunall of Christ , nor as yet apperteyned they to Christs temporall Kingdome . For as much , as Christ did not at that tyme exercise , or manage any temporall Kingdome on earth , neither had as yet any temporall Ministers of his Lawes , but only exercised a spirituall Kingdome by his spirituall Ministers , which were the Bishops and Pastours . But after that the second part of the Prophecy was fulfilled , that is to say , after the conuersion of Kings , and Countries to the Christian Religion , and that Kings serued our Lord in feare , and apprehended discipline , or according to the Hebrew text , did homage to the Sonne , Psal. 2. he then gayned , and added the Christians , not only to his spirituall Kingdome , which he exerciseth by his spirituall Ministers , which be the Bishops and Pastors ; but also to his temporall Kingdome , which he exerciseth by his temporall Ministers and Substitutes , which be the Kings and Princes , who serue him ( sayth S. Augustine ) not simply , as men in obseruing his Laws , but as Princes , in causing them to be obserued .

And therefore since the time , the Christian people hath , by the conuersion of Emperours and Empires , and by the reduction of Kinges and Kingdomes , beene gayned and consecrated to Iesus Christ his temporal raigne , it cannot any more be vsurped , nor possessed by way of right , by the enemies of Christs name . And hence it is , that whatsoeuer Conquest the Turke maketh of the Christians , and whatsoeuer possession of long continuance it be , he cannot by any tract of tyme gaine the least inch of prescription ouer Christian people , who were formerly subiect to Christes temporall tribunall , before any such Conquest by him made .

And to say the contrary , were not only to imbrace and hold one of Luthers errours , who hath taught that the warre , that the Christians made against the Turkes , was vniust and vnlawful , & not only to condemne the authority of so many Councells , which haue decreed the expeditions of the holy Land , for the ayding of the Christians of the East , for the deliuering of them from the yoke and seruitude of the Infidells ( which had beene a thing vniust ( For the Accessary followeth the Principall ) and if the Christians of the East had beene lawfull subiectes to the Mahometan Princes , they neither could haue reuolted from them , nor rebelled against them : ) But also euen to anathematize , and accurse the memory of so many Christian Worthies , and to affirme that so many Knightes , Princes and Kinges & among them our most glorious S. Lewis , who dying in that warre , as Champious & maynteyners of Christes cause , pretended to gayne the Crowne of Martyrdome , dyed in a cause vniust and worthie of damnation .

But those who defend the negatiue part reply , and say , that in tyme of the first Arian Emperours Constantius and Valens , before whome the Empire had already acknowledged Christ Iesus , the Church vsed not such manner of proceeding , nor acquited the Christians of their obedience . On the contrary that the Bishop Hosius , writing vnto the Emperour Constantius , Apud Athana . in epist , desolit . vit. agen . saith vnto him in these wordes : As he who would spoyle you in your Empire , should resist Gods ordenance : So I feare that your vsurping the authority of the Church , will make you culpable of a great cryme .

To this then the defendants of the affirmatiue part answere two thinges ; The one , that the Custome of obliging Princes to make an expresse oath vnto God , and to their people , to liue and to die in the Christian and Catholique Religion , had not yet place in the tymes of the first Heretique , or Apostata Emperours , & was not brought in but afterwards , namely then when they would stay , and hinder Religion from falling into the same perills , wherin it was vnder them . The other , that the Church vsed not this proceeding , not for default of Right , but for want of force and strength ; not for want of power in it to ordeyne it , but through want of ability in the Christian people to execute it . For it is not inough to bind the Church to declare Princes Infidells , & to haue lost their rightes , & to exhort their subiects to depart from their obedience , that she may lawfully do it , but it is further necessary , that she be able to do it prudently and profitably .

And therefore S. D. Tho. 2.2 . 2. q. 10. art. 10. Thomas after he had said : Infidells by the desert of their Infidelity be worthy to loose their power ouer the faithfull , addeth ; But this the Church sometimes doth , and sometimes doth it not . And if we should conclude that because the ancient Church hath not declared the first Arian Emperours excluded from the right they had from God , of commaunding Catholiks , that therefore she had not the authority to do it ; we then should conclude the very same , that because it excommunicated them not , it had no authority to do it . For we find not , that any either Pope or Councell did euer namely and personally excommunicate the Arian Emperours : Not for that the Church cannot excommunicate them , as wel as other Arians , whome it excommunicated from tyme to tyme , but for that it deemed it a matter of imprudency , and pernicious to Religion , to exasperate them , not hauing forces to represse and curbe them .

And as touching Hosius they answere , that he saith , not , that the Church cannot absolue in the spiritual Court , the Catholiks from the obedience of Constantius , if she should haue thought it profitable , possible , and necessary for them to attempt the deliuery of themselues from his tyranny . Neither , saith he , that if the Emperour Constance being a Catholique Prince had not beene dead , and that he had declared and proclaymed warre against his brother Constantius , as he threatned he would do , if he ceased not to persecute the Catholikes ; the Catholikes of the East would not haue ioyned & taken part with him , and would not haue belieued that the Church could haue dispensed with them about their oath of fidelity they had made to Constantius . Theod. hist. Eccles. lib. 2. cap. 9. & alibi . But they say , that Hosius speaketh of them , who of their priuate authority , and of their owne ambition raised themselues against Constantius , to depriue him of the Empire , and to become Tyrantes themselues .

Yet Lucifer Calaritanus maketh no difficulty , Lucif. Cola. rit. lib. de non parcend . in Deum delinq . to call Constantius himselfe A Tyrant , and the Antiochus of his age , and protesteth , that he is not bound towardes him , to obserue the modesty of wordes , which the Apostle commaundeth to be obserued to Princes and Magistrates ; for as much as the Apostle speaketh of Princes , who haue not yet belieued in Christ , and not of such Princes as haue reuolted from Christ . I adde ( saith he ) that the Apostle speaketh of Princes and Magistrates , which haue not yet belieued in the only Sonne of God , whome we should by our humility , and meeknes , and long patience in aduersity , and most great obedience in thinges reasonable , prouoke to belieue in him .

But those who hold the negatiue part , Socrat. hist. Eccl. lib. 3. cap. 19. reply , that the Christians might well haue deposed the Emperour Iulian the Apostata . For when the Emperour Iouian who was elected after his death , Theod. lib. 4. cap. 1. answered the soldiers of the Army , Sozom. lib. 6. cap. 1. that he would not haue a commaund ouer men who were not Christians , they replyed that they were Christians .

And to this againe , they who maynteyne the affirmatiue part , want not their answere . For on the contrary , they auerre that the Church could not do it prudently , nor profitably : For besides , that the Christians were so deuided , as the faction of the Arians alone , ioyned with the Heathens , ( without speaking of other Heretikes , or of the cold Catholikes , who as S. Gregory Nazianzene saith , Greg. Naz. in Iul. orat . serued the tyme , and had not ( as he further addeth ) other law , then the Emperours will ) held their foote vpon the Catholike Churches throate . And besides when Iulian was Emperour , he was so far from persecuting the Catholikes at the first , as that in the beginning of his Empire which continued but there yeares , he called the Catholike Bishops home againe , who had beene banished and sent into exile , by Constantius his predecessour . And in the end he had by fauours and his other carriage so gayned the souldiers of the Roman bands , as they made almost all profession of Paganisme .

Whence it was , that Iouian a Christian souldier being by them chosen after Iulian his death , answered them that he would not commaund men who were not Christians . For the answere which they made , We are Christians , was as much to say , that all they made an outward profession of Paganisme to please Iulian , yet in their heartes they continued still Christians . By occasion whereof the feare of a greater ruine hauing hindered the Church , from absoluing the Catholikes from the obligation of fidelity , in behalfe of Iulian the Apostata , they were still bound to do that which S. Austine sayth of them , Aug in Psal. 124. For the loue of the Emperour of Heauen , they obeyed the Emperour of the Earth .

But some will say , the Christians might well haue deposed the Emperour Valentinian , for as much as they were the stronger in Millane , when he would haue one of their Churches , for the exercising of his Heresy therin . It is true . But to this the defendants of the affirmatiue part , answere foure thinges . The first , that the memory of the Emperour Gratian his elder Brother , and as it were Father and Tutor of the Emperour Valen●●ar , and slayne by Maximus the Tyrant , and the most Catholike Prince , and the greatest freind of S. Ambrose that euer was , changed all the malice or euill , that the Catholike people could haue had , or carried towardes Valentinian , into fauour and compassion , and into a desire of assisting him , for the reuenging of that murther , and making away of his Brother .

The second is , that Valentinian was yet so yong , & the sonne of so Catholike a Father , as there was not any cause or ground to despaire of his conuersion , which also followed within a while after , and that with so great an Edification of the Church , as S. Ambrose celebrateth him for one of the most Religious Emperours of his age .

The third , that though in the beginning the people conteyned themselues within the simple boundes of petition , & gaue Valentinian to vnderstand : We contend not , O Emperour , but we become Suppliantes vnto you : yet when Valentinian had a meaning to proceed further , the people held their owne , resisted the Emperour , and stood so resolute in the matter , as he fearing a tumult and reuolt , was constreyned to yeild vnto them . Hence it is , that they thought not , that the commandment our Sauiour gaue to his disciples , when they persecute in one Cittie , to flie into another , was an absolute & perpetuall precept , but rather a dispensation & a permission , accommodated to the tyme ; wherein the Christian people either were still vnder Pagan Emperours , or had not yet the meanes to make resistance , against persecutions by might and force .

The Fourth is , that the Emperour Valentinian his owne souldiers , thought not themselues so bound in way of fidelity vnto him , as they belieued they could not be dispensed with ; when he should perseoute the Catholikes . For when the tumult began to be hoat , they caused it to be signified vnto him , that if he would come vpon the Place , he should come thither accompanied , for as much as they would assist and help him , if they sawe him conioyned , and to take part with the Catholikes , els they would put themselues in company with the troupes that held with Ambrose .

But the propugners of the negatiue , part , recurre to the Analogy of other practises of the Church , & say , that for Heresie the owners are not depriued of their goodes , and consequently much lesse Princes should be spoyled of their estates .

To this agayne the maynteyners of the affirmatiue part bring two answers . The one is , that in this our Realme , Heretikes loose not their goodes , and the cause is , for that the execution of the lawes made against Heretikes , is suspended for the conseruation of the publique peace , and tranquillity . But if there should creep forth some third sect in France , & should begin to growe , and were not come to be so great , and to make a notable part of the body of Estate , as Arianisme , or Nestorienisme it is questionles , that the other two would ●udge them , who should make such profession , worthy to be depriued , not only of their goodes , but of their liues also . For this is practised at Geneua , where Caluin caused Seruetus to be burnt : and it is the practise at this day in England , where the Most Renowned moderne King of Great Britany punisheth the Arians , with losse of goodes , and of life .

The other answere is , that there is a great difference between the power that owners haue ouer their goodes , and that which Princes haue ouer their Estates : For goodes are made for their Maisters , and Princes contrariwise for their Estates ; neyther haue goods any soule , nor can be compelled by force , or by example , or by perswasion of their Maisters to loose life euerlasting , as subiectes may be by their Princes , by meanes whereof the preiudice of the one doth not make any consequence for the other .

And if this question be no where found certainly decided , neither by scripture , nor by the decrees of the ancient Church , nor by the Analogy of other Ecclesiasticall proceedinges , how is it , that lay persons will of their owne authority , and without light and president of any generall Councell , of any Oecumenicall Synod , of any vniuersall Assembly of the Church , yea against the greater part of the rest of the Church , conuert this doctrine into an article of faith , and make the Clergie to sweare it is conformable to Gods word , & cause them to abiure the other , as a doctrine contrary to the word of God , impious and detestable ?

It is fiue and twenty yeares since those of your Order , caried away by the tumult and trouble of the tyme , laboured in the full Assemblie of Estates , to establish one Fundamentall Law of Estate , cleane contrary to that article of yours : And now you propose another Fundamentall Law , intituled of Estate , and of Religion , quite contrary to that former . And will you ( not you , but those , by whose inspiration and aduise these clauses be crept into your Bill ) that the Laytie cause the Clergie to sweare it ? That the Laytie exact of the Clergie an Oath in matter of faith ? That the Laytie impose the Lawes of Religion vpon the men of the Church ?

O reproach , and shame ! Oscand all ! O gate set open to all sort of Heresies ! And shall our faith then be subiect to the varieties , and inconstancy of the affections of the people , who chaung euery fiue and twenty yeares ? And shall the flockes then be guides to their shepheardes , Luc. 16. Hebr. 13. and Pastors ? And shall the children teach their Father ? And shall that then be frustrated that our Lord hath cryed aloud , The scholler is not aboue the Maister ? And shall it be in vayne , that the Apostle hath said : Obey your Prelates , Greg. Nazian. orat . de ser. suis ad Iul. trib. exeq . and be subiect vnto them : For they watch for your soules ? And shall that be said in vayne , that S. Gregorie Nazianzene hath written , You sheepe , feed not your pastors ? And shall it be in vayne that Saul was accursed because he would vsurpe , and take vpon him the authority of Priesthood ? And shall it be to no purpose that Oza was punished with suddaine death for hauing put his hand to the Arke ? And shall it be in vayne that Ozias was stroken with the leprosy because he would take the Censar in his hand ? But the tyme presseth me to get out of this point , & to dispatch the other two remaining , with as much breuity as possibly I can .

THE THIRD INCONVENIENCE , that I haue vndertaken to discouer and lay open to the eye , in the examen of your article was , that it did thrust vs into a manifest and ineuitable schisme . For to say nothing of the declaration , that his Holines hath already made of the Oath of England , vpon the modell wherof this Article hath been formed , and not to permit any hold to those who say , that it should be the Pope , who should be the authour of the Schisme and not we : I say that though the Pope intermeddle not himselfe in our affaires , the Schisme is all made the very houre that we accept and sweare this Article or Bill . And that it is not the Pope , but we that make it .

And to confirme it , how can we sweare that the Pope , and all the other parts of the Catholike Church , hold a doctrine contrary to the word of God , impious and detestable , without making schisme , and schisme not only against the Popes person , but also against the Sea Apostolike , and against all the rest of the body of the Church ? For if the foundation of the Communion Ecclesiastique , be vnity in faith , and in matters appertaining to saluation ; how can we belieue , and sweare that the Pope , and all the rest of the Church , erre in faith , and in matters belonging to saluation , and hold a doctrine contrary to Gods word and impious and detestable , and consequently Hereticall , without separating our selues from Communion with them , and subiecting them in as much , as is in vs , to a malediction and an Anathema ; and consequently to deuide the Church , or rather separate our selues from the Church ?

And how odious a thing , schisme is to God , and how much it is detested both of Angells and men , we need not any more expresse testimony , then that of holy Writ , that teacheth vs , that the earth opened it selfe vnder the Schismatikes , and that they descended all liuing , Num. 16. and aliue into hell : The ground ( sayth Moyses ) brake in sunder vnder their feete , and opening her mouth , deuoured them , with their Tabernacles , and all their substance , and they went downe quick into hell . We need not a more expresse witnes then Great S. Euseb. hist. Eccl. lib. 6. cap. 45. Denis of Alexandria who wrote to Nouatian in these wordes : It were meet in very deed rather to endure all things , then to consent to the deuiding of Gods Church : the Martyrdomes to which we expose our selues , to hinder the dismembring of the Church , being no lesse glorious , then those which we suffer for the alsteyning from sacrificing vnto Idols . We need not more expresse testimony , then that which S. Cyprian bringeth : That the stayne and spot of Schisme , is not washed away by the bloud of Martyrdome . De vnit . Ecclesiae . We need not a more manifest testimony then this of S. Chrysostome , who sayth : That those who deuide the Church of Christ , Ad Eph. hom. 11. merit no lesse punishment , thent hose who pierced and deuided his owne body . We need not a more expresse testimony then that of S. Augustine , Aug. de bapt. contra Donat. lib. 1. cap. 8. who affirmeth , that the wound of schisme is more grieuous then that of Idolatry . Those ( sayth he ) whome the Donatists heale of the wound 〈◊〉 Idolatry , or of Infidelity , they hurt , and wound more grieuously with the wound of schisme .

Neither doth this Article only cast vs into an ineffable schisme ; but doth also precipitate vs into a manifest heresy , necessarily obliging vs to confesse , that the Catholike Church is perished and decayed on earth for many ages past . For if they , who imbrace the opposite Doctrine , hold an opinion cotrary to Gods word , impious and detestable ; the Pope hath not then for so many ages past , beene Head of the Church and Christes vicar , but an Heretike & Antichrist , and all the other partes of the Church , haue not beene true partes of the Church , but members of Antichrist .

And this being so , where continued the Catholike Church ? In France alone ? And shall then the Part haue giuen a bill of diuorce to the whole ? Shall then that which an ancient Father cried out be accomplished : I see that , which cannot be done ; Author li. contra Fulgent . inter ep. Aug. tom . 7. The Part of the Donatists hath ouercome the whole body ; A corner of Afrike , hath excluded and thrust out the whole world ? What then shall become of the inheritance , to whome God the Father said : Aske of me , and I will giue thee the Gentils for thine inheritance ? Psal. 2. what then shall become of the title of Catholike , by which S. Aug. cont. ep. Fundament . Augustine professeth himself to haue beene most of all held and kept in the Church ?

But how should it haue contiuued in France , if this Article be true , sith all the French Doctors haue for so many ages held the contrary in case of Heresie , and of Apostacie from Christian Religion ? we should then also bid adiew to the Church of France , that hath beene before our times , and take vp the bodies of so many Doctours , either French , or those who haue written and taught in France , as S. Thomas , S. Bonauenture , and others without number , and burne their bones vpon the Altar , as did Iosias burne and consume the bones of the false prophets .

And this done , where should the Church haue beene ? In the desert of the Apocalyps ? And why then should we with so mayne force oppugne the inuisibilitie of the Heretikes Church ? Wherefore should we delay to yeald them the victorie , and our armes , and all ? For what greater trophies and signes of victory can we rayse and set vp for them , then to auerre & professe , that the visible Kingdome of Christ , should be perished & cleane decayed through the world : and that for so many hundred yeares past , there hath beene neither temple of God , nor spouse of Christ , nor Church , but that all hath beene the Kingdome of Antichrist , the Synagoue of Sathan , and the spouse of the Diuell ? And what stronger machines & engines , could they desire for the abolishing & ouerthrowing of the Article of Transubstantiation , that of Auricular Confession , and other the like , which were decided against the Albigenses , and in few wordes for the ouerturning and ruining of all Catholike Religion , then to say , that the Church which hath decided them , hath done it without authority , and was not at that tyme any more Christes Church , but Antichristes Concubine ? See therefore wherunto these men leade vs , who compell vs to sweare , that it is a doctrine contrary to Gods word , impious and detestable , to hold , that subiects in some cases may be absolued of their fidelitie . And this proposition they would haue vs put in the same conclusion of faith , and vnder the same decree of Anathema , with that of the murthering of Kinges .

THERE remayneth the last Inconuenience , which I promised to examine , which is , that this medly doth not only make the remedie , that they would bring to the daunger of Kinges , to be vnprofitable , but more then that to be pernicious and domageable . And now I beseech you , Gentlemen , before I enter into the matter , to permit me to tell you , that I giue not place in affection to the seruice of the King to any of my Countrymen . I am a French man borne , and the sonne of a French man , and I haue neuer but respected our Kinges . I haue neuer in fact of State , cast mine eyes vpon others , & God lending me my right wits I will neuer turne mine eyes away . I haue beene nourished , brought vp , intertayned and raysed vp vnder the winges of my Soueraigne King Henry the third , & haue alwayes continued an adherent to his fortunes , whilest he liued .

After his death I followed likewise the fortune of the deceased King Henry the Great , of glorious memory , and that with a good , and with a sound conscience , euen according to the Maximes , as well of those who defend the affirmatiue part , as of those who hold the negatiue . For to say nothing of the word of Relapse , that was by bad information imputed vnto him , he was neuer either persecutour or incorrigible . On the contrary , after the tyme of his predecessors death , he promised to procure to informe himself and be instructed , and in his greatest affayres , he did me the honour to confer with me in secret about the points of our faith , for the preparing of himselfe to his Conuersion . I brought him by the grace of God back , or the grace rather by me to the Catholike religion . I obteyned his absolution at Rome of Pope Clement the 8 and reconciled him with the Sea Apostolike : Actions , by which he effected and wrought the recouery of his Estate , and the restoring of you all to your houses , commodities , and fortunes .

I euer serued him after that , supporting & vpholding the honour , and rightes of his Maiesty , in a more affectionate manner then I tendred mine owne life ; not here , where it is an easy matter to extoll the Kinges seruice , and to commend , as the saying is , the Athenians at Athens , but out of his owne Kingdome , and there where matters were canuased and disputed vpon . And of this also , I haue receaued for a signe , and testimony of approbation of my seruice , all these honours & commodities I am now possessed of ; for as much as I neuer receaued neither goods nor dignities , but of him . It is he alone who hath aduanced me , and raysed me vp to a Bishop , Archbishop , and Cardinall . He made me Great Almenour , and bestowed vpon me the meanes and prouisions , necessary for the helping of me , towards the susteyning and bearing out a part of these charges .

And from the King his Sonne , I continue the enioyng and possession of the same benefits and good turnes , without hoping or desire of hope of gratification from any other . And therfore , Gentlemen , you ought to be belieue that I am not moued in this , for any other interest , then for his seruice and for the conseruation of the Catholike Religion , in preseruation whereof is comprehended both the spirituall and temporall safety of himself , & of his estate .

For the first branch then of our last opposition , which is , that the mixtion of contentious matters , maketh the remedy which they would bring for the daunger of Kinges , vnfruitfull and vnprofitable , we haue already said inough from the beginning . For seeing we will agree both the one & the other that the temporall laws , & the paynes & penalties imposed vpon the body , do not any waies serue the turne or be inough to preuent , auert , & put by these wicked attemptes , and that we must make recourse to spirituall lawes , and to the paynes that be exercised after death , that is to say , to the lawes of excommunication , and of damnation eternall ; and for that reason teacheth vs , that the lawes of Anathema , and of excommunication , make not any impression in the soules , if they be not belieued to proceed from an infallibleauthority , how is it , when there shal be intermixed some clause contestated & called into question , by the rest of the Church , that they will serue for a bridle to those , who feare nothing but the paynes and tormentes of the soules ? And how shall such lawes imprint the terrour and feare of Anathema in mindes , that shall belieue , that the lawes themselues be subiected to Anathema ?

On the contrary , how will they not quite ouerthrowe , the good and sufficient remedies , that the generall Councells , whereof the authority is infallible , haue instituted for the safety of Kinges , which they would take from vs by the medly of other thinges wherevnto the vniuersall Church doth not agree ? I haue sayd good & sufficient remedies for the safety of Kinges , which they would haue taken from vs ; For who knoweth not , that if the infernal monsters , who made the attemptes vpon the liues of our two last Kinges , had read the Ecclesiastical lawes , they had found their damnation expressed in the decree of the Councell of Constance . And therefore it was not for default of Ecclesiasticall lawes , that they committed those two most horrible murders , but for this , that they had not read them , or rather by occasion of an enraged and diuellish malice , wherewith they were possessed .

But they will reply , that it was not inough for the securing and assuring of the life of Kinges , that the Church hath decreed vnder the payne of Excommunication , that none may attempt vpon their persons , if it decreeth not further , vnder the same paynes , that the subiects cannot be absolued from their obedience , in whatsoeuer estate they be , that is to say , euen when they should make profession of heresy , or incorrigible Infidelity , and should become persecutours and violators of conscience . For though ( say they further ) the Church forbiddeth , that no attempt be made vpon the life of Princes ; yet if the Princes happen to fall into incorrigible Heresy or Apostacy , and become persecutours of the faith , and that the Church thereupon declare their subiectes absolued from the oath of Allegiance , and that notwithstanding this declaration , they will inforce the subiects to continue their obedience vnto them , they become Tyrants . And then ( adde they ) the Politique Lawes permit euery particuler body to attempt vpon the person of Tyrantes , and consequently their life in case of Heresie , or of Apostacy cannot be secured .

To this obiection the answere is short and easy . For the Church intermedleth not her selfe with the absolution of the subiects , but in the Ecclsiasticall Court : and therin besides this payne , and that of excommunication , it imposeth not any other . By meanes wherof it is so far from consenting , that any attempt be made vpon the life of them whom it hath excommunicated , as it abhorreth all fortes of killinges , and murtheringes , and especially such as be sudaine and vnexpected , in regard of the losse of both body and soule , which commonly go therin accompanied togeather .

And if they say , that the Church ordayneth it not , but that it is the cause that it is done , for as much as the Common wealth conforming it selfe to the Churches iudgment , and making the same decision in the tribunall politique , if the Prince keepe on his former course , declareth him a Tyrant , and an enemy of the state , and consequently subiecteth him to the power of the Lawes politique , which permit the conspiring against Tyrantes , for the making of them away , and for killing of them : we bring first this exception , that there is great difference betweene Tyrantes of vsurpation , whome the Lawes permit to extirminate by all manner of wayes , and Tyrantes of administration and gouernement , who are lawfully called to their Principality , but gouerne it ill : and we add that the Hereticall Princes who persecute the faith and their Catholike subiects , be of the number of Tyrantes of administration , and not of the number of Tyrants of vsurpation , against whome alone it is permitted to conspire by clandestine and secret practises .

And if they further vrge and say , that the politique Lawes permit conspiracies against the one and the other : we answere , that they are politique , prophane , and heathenish Laws , as those of the ancient Romans , or of the Grecians in former tymes , and not Christian politique Lawes . For the Christian politique Laws consider not only in their Princes the respect due vnto them , for the good of temporall pollicy , and the regard of the Maiesty of the Estate which they represent , but they further consider in them the Image and vnction of God , who hath called them to that Dignity , in so much as in them , who haue once had the lawfull vocation of Royalty , what Tyrany soeuer they exercise , the Christian politique Laws neuer passe so farre , as to permit the vse of proscription against their persons , or that any do attempt by clandestine , or secret coniuration , or conspiracy against their persons , or liues ; but they carry the same respect to them , that did Dauid to Saul , notwithstanding he knew he were reiected , 1. Reg. 26. cast of , and reproued of God , when he said : Who shall extend his hand vpon the anoynted of our Lord , and shal be innocent ?

In so much , as if the Christians be constrayned to defend their religion , and their life against Hereticall and Apostata Princes , from whose allegiance they were absolued , the Christian politique Laws permit not more then what is permitted by military Lawes , and the right of nations ; that is to say , open warre and not clandestine and secret 〈…〉 and conspiracies . For there alwaies remayneth in them a certain habitude to the dignity Royall , & as it were a marke of a politique character , that discerneth them from simple particulers : and when the obstacle and impediment is taken away , that is , when they come to amend themselues , and to giue satisfaction , it restoreth them to the lawfull vse and exercise of their regality .

And therefore we see , that in so many controuersies that the Popes haue had with temporall Princes , neuer any Pope went so far as to counsell , or to assent to the murthering of Princes . Contrariwise if any calumniators laboured to impute it vnto them , they haue euer iustified themselues , euen with the horrour and abhomination of such actes , remembring themselues of these wordes of S. Gregory , when the Lombards made war vpon him : If I would haue medled with the death of men , Greg. lib. 7. epist. 1. the Nation of the Lombards should at this day haue had neither King non gouernors : But because I stand in feare of God , I will not haue to moddle , or deale with the death of any person .

And touching the other point of the last Inconuenience , which is , that this medly maketh the remedies , that they would bring to the daunger of the Kinges , to be not only vnprofitable , but also pernicious and domageable , there needeth not much eloquence to perswade it . For if those who made the attempts vpon the liues of our Kinges , were moued to those horrible parricides by a false imagination which they conceaued , to wit , that our Kings did something in preiudice of religion , how much more would they haue thought they had a greater & better pretext , if they had beleeued , that our Kings had abused their authority by the bringing in of schisme , and the ouerthrowing of Religion , and that they had seene themselues in schisme , & separated from the communion of the Sea Apostolique , and cut off from the other partes of the Church ?

And more then this , who vnderstandeth not , that there cannot happen any thing of more and greater daunger for the life and authority of Kinges , then intestine and ciuill wars , which schismes do ordinarily draw after them ?

Moreouer who knoweth not , that the contempt and indifferencie of Religion , which must needes follow vpon schismes , engendreth and occasioneth Impiety and Atheisme , and taketh quite away all the respect that men are wont to carry to Kinges for the loue of God , and for the reuerence of Religion , which is the strongest corps or Court of Guard , and the surest rampaire for the defence and security of their persons ? For when Religion is had in contempt , men are not any longer withholden from attempting vpon the persons of Kinges , then by force , and by feare of the temporall paynes , and therfore when they thinke they may do it , without beeing punished , or that they contemne and make no reckoning of the temporall paynes , they haue no more bridle to conteyne them , or to hold them in .

Finally , who seeth not , that there can be nothing worse for the safety of the persons , and of the estate of Kinges , then to stir vp , and drawe vpon them , by an ouerture of a new schisme , and diuision from the Church , Psal. 75. the wrath of him , who taketh away the spirits of Princes from out of the earth ?

And heere , Gentlemen , I will not with you vse more reasons and argumentes , but wil passe ouer to exhortations and intreaties ; and wil coniure you to remember , that you are French men , and that you are also Christians and Catholikes , and that in treating touching the securing of Kinges , you must not only cast your eies vpon the earth , but also lift them vp to Heauen ; and you must not remedy their temporall safetie in causing them to forgo and loose the euerlasting , nor prouide for your bodily part which is France , by destroying and ruyning the spirituall parte , which is the Church .

The Pope tolerateth and endureth for the good of the Churches peace , that the French-men , that is to say some of them hold & maynteyne in this point , Doctrine contrary to his owne , and to that of all the rest of the Church , so they hold it only as problematicall , in matter of faith , that is to say , that they propose it not as necessary to be held , with that necessity which is of faith , and declare not the other to be contrary to Gods word , impious and detestable . And though in the cases before specified , there be ten Countries against but a parte of one , an hundred Doctours against one , ten Councells against none : yet whether it be that these Councells do not therin expresse their intention by forme of decision of faith , but by forme & manner of supposition , or for some other causes , he is contented to hold the Doctrine contayned in them for true , without binding vs to hold it for necessary , as matter of faith ; he is contented to hold the contrary opinion for erroneous , without binding vs to hold it for Hereticall , and not to excommunicate them , as Heretikes , that hold it .

And wherefore then should wee now go about to breake the Churches communion , & to deuide the vnity of Christes body , by turning into matter of fayth , a doctrine , which doth not only make the remedies , which they would bring for the security of Kinges , vnprofitable , but further , maketh them pernicious , both to their persons , and to their Kingdome ?

There is no tyme wherin schismes be not most domageable , and preiudiciall to religion and to State , but they be most of all ruinous and pernicious to the one and the other , when the tymes be already infected with heresy . For as the Phisitians say , that in the tyme of pestilence all sortes of feuers end in the plague : so in the tyme of Heresy all schismes haue their ending in Heresy . And therefore Heresie hauing now at this day so great part in France , if we proceed to bring in a schisme among Catholikes , who doubteth but that the fruite of this diuision , will be the enfeebling and weakning of the Church , and the strengthning of Heresy ? And if Heresy euen when she is weakest hath so much ado to keep herselfe quick , how will she continue in peace when she shall once come to an equality ? And if we breake it , how shall she be able to disturbe the peace of Religion , without troubling therewithall the Kinge , and the State also ?

It is certayne , Gentlemen , the scope and intention of them that first moued this stone of scandall , was not to prouide for the security of the State , and the person of our Kinges : Their drift and intention was to cast the seedes of diuision in the Church of France , and to assay either to separate it from the other partes of the Church , or to deuide it within it self .

I say not this to taxe you . I honour you all , as persons of singular wisedome , and merit , and most affected to the Catholike Religion . But I know you are not the first authors and inuentors of this Article . I know that it hath beene craftily thrust into some of your seates , It is not long tyme since they haue menaced and threatned vs with this apple of discord . These be those that be already seuered from vs , and haue by this meanes thought to sow some sparcles of diuision amongst vs ; and for this end they haue serued themselues of men , who carry the name of Catholikes , and more then that , of Ecclesiasticall persons , and for the vndermining & beguiling of the ingenuity , good disposition , and simplicity of others , vnder the title of seruice to the King .

The pretext they haue taken , is fayre , it is specious , it is ouer shadowed with the name of the King , but vnder this couer , is hiden schisme and the designe of making a diuision in the Church . These be the Vlissesses fighting vnder Achilles his buckler ,

When Iulian the Apostata meant to draw the Christians to the adoration of the false Gods , he caused the Idolls of Iupiter , Venus , and Mercury to be intermixed , and put in company with his owne pictures , to the end , that when they should present his owne Images to the Christians to adore ( as it was the custome then , for the people to adore the Images of their Emperour ) the Christians either refusing to do it , should be accused of high treason , as hauing refused to adore the Emperours Image , or in doing it be constreyned ioyntly with the Image of the Emperour to adore Idolls . These men haue heere done the very same , hauing intermedled in one and the same Article , a decree of the securing of Kinges , together with an introduction of schisme , to the end that those who shal refuse this oath , should put themselues in daunger , either to be esteemed litle affectioned to the seruice of Kinges , or to be thought culpable of schisme .

And therefore you must not suffer your selues to be beguiled by this first bayte . It is of hony , but yet of hony , that hath beene made by drone bees , that haue gone from one flower of hemlock to another , that is to say , by soules that haue tasted and sucked the venome of schisme .

Aristotle writeth , that we must behold pleasures not before , but behind , not when they are comming , but when they are gone & past . In like manner in this there be specious pretextes , you must regard and behold them , not by the face , that is to say , by the first sight , but by the back , that is , by the sequele and successe .

This Oath resembleth Horace his Monster , which hath the head of a fayre and beautifull woman , that is , the pretence of the seruice and safety of Kings ; but it hath a fishes tayle , that is the tayle of Schisme , and of diuision in Religion . And indeed it may well be said to haue a fishes tayle , seeing it is come swymming by sea from England . For it is the very same Oath of England ( sauing that of England is yet more sweete , and more modest & moderate . ) I will not prosecute this point for feare to offend the most Renowned King of Great Britany . I am ( setting aside religion ) his most humble and most affectionate seruant . I do in a most high degree , esteeme , & honour his learning , his eminent morall vertues , and his excellent naturall conditions , and I find nothing to be desired by me in him , that might expresse , not a fayned Image made at pleasure , as that of Cyrus by Xenophon , but the true and reall image of a perfect , and complete Prince , the title of Catholike only excepted .

Hee hath bound in generall all men of learning vnto him , hauing made the Muses to sit in his Royall throne , and he hath obliged me in particuler , for hauing pleased to take the paynes , to enter with me into the listes of dispute of Diuinity , & not to do as did Alexander , who disdayned to enter into the Olympian race , if he were not to run his course against Kinges .

I therefore touch not this string , for feare of offending . I know that holding the religion he doth , he thinketh to do what he ought , when he assayeth to bring in a Schisme , and diuision in ours . But shall it be said , that what the King of Great Britany doth in England against the Catholikes , doth serue vs for a law , and an example to do the same in our Catholique Countrey ? Shall it be said , that France , that hath for so many ages beene honoured with the name of a most Christian Realme , Hier. contra Vigil . and in which S. Hierome said , there were no monsters , is brought to this , that it permitteth not Catholike religion , but with the same conditions , and seruitudes that be imposed vpon it in England ? Shall it be said , that Ecclesiasticall persons be not suffered to liue in France , but vnder the stipulations , & conditions vnder which it is permitted them to liue in England ? Shall it be said , that the Catholikes of France , and especially the Clergy , enioying security and freedome , shall be enforced to sweare and binde themselues to belieue the same thing , which with groaning and sighes , thereby to gayne some litle breath , is done by Catholiques in England ? And if there be found in England Catholikes constant inough to suffer all sortes of punishments , rather then to consent vnto it ; shall there not be found those in France to doe the same , rather then to subscribe , & to sweare an article , that putteth the raynes of the faith into the handes of the Laytie , and bringeth a diuision and Schisme into the Church ? Yes certainly , Gentlemen , such will be found in France . And all we who are Bishops will rather go to martyrdome , then giue our consentes to the deuiding of Christes body , Apud Euseb. Eccl. hist. lib. 6. cap. 37. remembring this saying of S. Dionysius of Alexandria ; That the martyrdomes that men suffer for the hindring of the Churches diuision , be no lesse glorious , then be those that men endure for absteyning from sacrifising to Idolls .

But we are not , God be thanked , vnder a King who maketh martyrs , he leaueth the souls of his subiectes free , and if he doth it to those of his Subiectes , that be strayed from the Church , how much more will he do it to those soules of his Catholike subiects ? we liue the one and the other , vnder the shadow of the Edictes of peace , in liberty of conscience . And wherefore then should we be constreyned to sweare that , which we forbeare to make others to sweare ?

There is not one only Synod of Ministers who would haue subscribed to that article , which they would bind vs to sweare . There is not one Consistory of others , but beleeueth that they are discharged of their Oath of fidelity towardes Catholike Princes , when they shal be forced by them in their consciences . Of this come those modifications that they haue so oft in their mouth , Prouided , that the King forceth vs not in our conscience . Of this come these exceptions in their profession of faith , So the Soueraigne Empire of God abide in his owne integrity . Of this came the taking of arms so many times against the Kings , when they would take from them the liberty of religion . Of this came their insurrections and rebellions , both in Flanders against the King of Spayne , & Sweden against the Catholike King of Polonia , whome they spoiled of the Realme of Sweden his lawfull inheritance , and therin established Duke Charles a Protestant .

Neither yet do they restrayne these exceptions to the only case of religion , & of conscience , but they further extend them to secular matters . The writinges of Buchanan , Bruse , and infinite others giue testimony , who will , that if the Kinges fayle in temporall conuentions and accord , which they haue made with their subiects , their subiectes be free to reuolt from them .

Not considering that there is great difference , as we haue already declared , betweene faylinge in a simple accord , made by Oath , and destroying the Oath , by the which the accord was made . For when a Prince doth of frayltie , or of humane passion commit some iniustice , he doth indeed against the Oath he hath made to his people , to do them iustice ; yet he doth not thereby destroy his Oath .

But if he make a contrary Oath , that is to say , insteed of what he hath publiquely and solemnly sworne to his people , which was to do them iustice ( to wit , as far as humaine frailty will permit ) he should sweare and bind himselfe by another publique and solemne Oath , that he would neuer render them iustice , but rather sweare , that he will minister nothing but iniustice ; he should then destroy his Oath , & renounce his owne Royaltie , in renouncing by a contrary Oath the clauses and conditions of his former oath , for which , and by meanes and occasion wherof his Royalty was instituted .

And therefore Barckley the Achilles of the doctrine of your Article , hath had most iust cause to reprehend , and find fault with the aforesaid authours , but in reprehending them , he hath reserued an exception of two cases , which make much more to the preiudice of Kinges , then do the Churches censures from which he would exempt them . For he affirmeth expresly , that in two cases the people may shake off the yoke of Kinges , Guil. Barcl . lib. 4. cont. Monarchomach c. 16. & arme themselues against them . Behold his wordes . What then ? Can there not occurre any cases in which the people may rise , & take armes by their owne authority , and assaile a King insolently raigning ? None indeed , so long as he contynueth King : For this commaundement of God contradicteth it alwaies ; Honour the King &c. who resisteth power , risisteth God . The people then ( addeth he ) cannot haue by any other meanes power ouer him , but when he doth some thing , by which he ceaseth of right to be King . For then , for as much as he spoyleth and depriueth himself of his principality , and maketh himself a priuate person , the people remayneth free , and becommeth superiour . And these two cases , as he saith , be when a Prince laboureth , and hath intention to exterminate and ouerthrow the Kingdome & common wealth , as Nero and Caligula did ; or when he will make his Kingdome feudatary to another . Ibidem . I finde ( saith he ) two cases in which a King by fact maketh himself of a King no King , and depriueth himself of his royall dignity and of power ouer his subiectes . The one is , if he goeth about to exterminate the Realme & Common wealth , that is to say , if he hath a designe and intention to destroy the Realme , as it is recorded of Nero , that he had a deliberation to exterminate the Senate , and the people of Rome &c. And the other , if the King hath a wil to put himselfe vnder the clientele and protection of some other .

But who seeth not , that this is a thing tooto vnworthie for a Christian to admit these exceptions , in case of the destruction of a Common wealth , and not in case of the destruction of Religion ? and otherwise the iudgment which the people may make of the one is much more perilous to Princes , than that which the vniuersall Church may forme of the other . And yet these be at this day the writers whome they celebrate , extoll , and whome they haue in their eyes ; For so an authour say something against the Pope , and that he put as much as he please the safetie of Kinges vnder the peoples feete , him they imbrace , applaude , and adore .

And of this we neede not any better proofe , then the edition of Gerson , which they who haue beene the first authors of the Article that is now proposed vnto vs , haue caused to be imprinted eight yeares since , with inscriptions , pictures , and elogies , or testifications of his prayses , because he seemeth vnto them to haue writen against the Pope . For in his sermon made in the presence of King Charles the 7. in the name of the Vniuersitie of Paris , Gers . serm. ad Regem Fran. nomine vniuersit . Paris . after he had made Sedition to speake , which wills , that vse without exception and indifferently be made of this rule of Seneca : There is not a sacrifice more pleasing vnto God , then the killing of Tyrants , and that it is to be put in vre against all sortes of persons accused of Tyranny , and vpon all manner of suspitions , and of defamatory libels ; and Dissimulation , that wills on the contrary , that we neuer vse it , but that we endure all Tyrants : he bringeth in Discretion that teacheth when it is to be vsed in these wordes : Gers . ibid. We conclude further , that if the head , or any other member of the Common wealth should incurre such an inconvenience , as he would swallow vp the deadly poyson of Tyrany , euery member in his place should oppose himself by al his possibility by expedient meanes ; & such as should not make the matter worse , seing it were to small it purpose when the head aketh , that the hand should strike it , but rather folly . For nether is it necesary to cut it off by & by , & to separate it from the rest of the body , but we must cure it sweetly , aswel by good words , as otherwise , lyke prudent & wise Phisitians . There could not be any thing more against reason , & of greater cruelty , then Tyrany by a sedition . I cal sedition a rebellion of the people , without cause , and without reason , which is oft tymes worse than tyrany &c. There needeth great & singuler discretion , prudence , and temperance about the expulsion & thrusting out of tyranny , and therefore we must heare , and giue credit to wise Philosophers . Lawyers , Deuines , to men of good life , of good and naturall prudence , & of great experience , of whom it is said , In old men is found experience . For though a Prince and Lord sinne in many cases , yet he must not for that be presently censured a Tyrant . So he there .

And in his worke of ten Considerations against the flatterers of Kings , where he recapitulateth a part of the discourse of his Sermon , Gerson Considerat. 7. contra adulat . he sayth : It is an errour to belieue , that a terrene Prince is not bound in any thing , during his raigne , to his subiects . For according to diuine right and naturall equity , and the end of true gouernement , as the subiects owe fidelity , ayd , succour and seruice to their Lord : So the Lord oweth agayne faith and protection to his subiects . And if the Prince manifestly pursue and persecute them , and with obstinacy in iniury , and by fact , then this naturall rule ( It is lawfull to repell force by force : and this saying of Seneca , There cannot be a more acceptable Sacrifice immolated and made to God , then by taking away of a Tyrant ) taketh place .

And notwithstanding this which is more strange , those who haue caused this to be reprinted , haue not vouchsafed to add , either in the beginning of his workes , or in the margent of these wordes , any obseruation , or note for the censuring of them , or for aduertisement of the Reader to take heed . But indeed , how could they haue done it without condemning themselues : Themselues ( I say ) who during the fury of these last troubles had been Ensigne-bearers , or rather had caried the burning torches of this pernicious doctrine , and had maynteyned and publisht it against King Henry the third , by propositions disputed and printed ? For these be their words : It is most certaine , that by right , both diuine and naturall , the Estates be aboue Kings . And againe : It was lawfull for all the people of France most iustly to take armes against the Tyrant : that is to say , agaynst King Henry the third . And a litle after : They , who consider matters attentiuely and diligently , will iudge that the eternall enemies of the Religion , and of the Country ought to be pursued not only by publique armes , but also by the sword , and plotts of particuler persons . And that Iames Clement the Dominican , was not put forwards by any other desire , then by the loue of the Lawes of his Country , and of the zeale of Ecclesiasticall discipline , by which this restorer of our Liberty , hath put vpon his owne head grace , and vpon our neck a coller of gold , and the heauenly collers of the Church . Thus there .

This I say not to scandalize them ( for I conceale their names ) nor to reproach them with that , that the bounty , and clemency of the King hath buried vp and forgotten ; but to shew , that they should be content to attend the rest of their dayes , to the cancelling and washing away of their offence with their teares , and not to meddle themselues with the making of lessons , of the seruice of Kinges , to them , who alwaies well and faithfully serued them , euen then when they persecuted them .

But these are violent spirits , who being transported to one extreme , and not being of power to hold the meane , thought that the best meanes , for the iustifying of themselues was to passe ouer to the other extreme , and to put their hand to pen , to write and fight against the Pope . Wherin as they are found conforme , or at least very like vnto the Churches enemies , they haue beene so set on , and plyed by those our enemyes , and by some that dissembled with them , as they haue beene induced & thrust on , vnder a pretence of the Kinges seruice , to sow the seedes of schisme .

But , Syrs , the King desireth not to be serued after this sort : his will is not that prouision be made for his safety by schisme , and by the Churches diuision : In the ruines whereof is comprehended the ruine and ouerthrow of his owne safetie , spirituall and temporall : he is a Catholike , and the eldest child of the Catholike Church ; he is the first Catholike of all the Kinges , and the first King of all the Catholikes . He feareth not to fall into Heresy , and standeth not in doubt of the Popes censures , nor dreadeth the Churches threates against Heretikes . He is the prime and principall protect our of the one and the other . He is the heire both of the Crowne , and of the name , and of the faith of that glorious S. Lewis , who was the Churches support and piller , and the Popes defence , & retrait . He is descended from a mother no lesse Catholike , pious , and Religious then his owne : he is inseparable & indiuisible from the vnion and amity of the Sea Apostolike , & doth seeke by all manner of reasons , both spirituall and temporall , to manteyne it .

In the person of Elizabeth Queene of England , the interests of Estate fought against those of conscience , and bound her , to continue seuered from the communion of the Pope . But all the interests aswell of State as of Religion , bind the gratitude of our King , to conserue himselfe in intelligence , correspondence , vnion and amity with the Pope : he is besides the Titles his predecessors haue gained him , a child of the Sea Apostolique in many sortes . Pope Clement the Eight receaued the deceased King Henry the Great his Father into the Churches bosome and lappe , he resolued , and established his mariage with the most Christian Queene Mary de Medices , to whose prudence , vertue , and bountie , we owe the prosperity of our new raigne , and the memory of whose most happy Regencie , al the ages of posterity will extoll and blesse . Out of this Mariage , is come the Sacred bud of our Lillyes , which Salomon did not match with all his glory : I meane the King who now raigneth . Pope Paul who sitteth at this day in the Sea of Peter was his good Father , and as his second Father , hath imployed himselfe by all manner of cares and good offices , to procure before God , and before Men , the conseruation of his person , and of his Realme .

And wherefore then should we desturbe or trouble this concord , by Lawes not only of State , but also of Religion , and of conscience , which our Fathers haue not knowne ? Cast your eyes vpon the histories of France , and you shall finde , that allwayes when our Kinges haue beene in vnion , concord and correspondence with the Sea Apostolike , and that the Spouse ( to vse the termes of Scripture ) hath fed among the lillies ; all sortes of graces and benedictions temporall and spirituall haue rayned , and come downe vpon them , and their people ; you shall find that as when the Arke of Couenant stayed and continued in the house of Obededom , there was not any kind of felicity wanting euen so , as long as the Communion of the Sea Apostolique hath beene amongst vs , & that we haue had the assistance of the Vicar of him , who is the true Arke of Couenant , we haue had our share in al sortes of prosperities : the name of Frenchmen hath dispersed it self from one end of the world to the other , and our Lillyes haue extended and reached themselues to the furthest remote corners of the earth .

Contrariwise at what time our Kinges were seuered from the communion of the Sea Apostolique , the Lillies hath beene amidst the thornes , and all sortes of afflictions , and of aduersities haue besieged vs . Renew within your selues the memory of those thinges , and therehence drawe consequences for the tyme to come . Remember how many calamities and miseries we haue suffred in tyme of Schismes , or apprehension of Schismes ; how many Churches ruyned , how many Altars pulled downe , how many Citties saccaged and spoyled . Represent to your eies the State of your passed life , the tyme that our deceased King was depriued of the Communion of the Apostolique Sea , and with how many vowes , and teares both he and you haue desired his restitution . But aboue all , lay againe before your eies the state of the life to come , from which the authors and fauourers of Schisme be excluded , and whereunto none can possibly come , if he be not placed , not only in the faith , but also in the vnity , and in the communion of the Catholike Church .

FINIS .