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) 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) â— 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) 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) 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) Esay 54. saith to the Church Euery tongue resisting thee in iudgment thou shalt iudge And againe (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 Iurâ—diction in these wordes (g) 2. Paralâ—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) Matth. 19. saith himselfe VVhosoeuer shall not heare the Church let him be vnto thee as an Ethnick and a Publican And S. Paul speaking vnto Pastors (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) Heb. 3. Obey your Prelates for they watch hauing to render an accompt of your soules And againe (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) Ruff. l. 10. Eccles hâ—st c. 2. Constantine the Great who am placed ouer temporalities to censure and iudge the causes of Bishops And the Emperour Valentinian (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) Epist ad Sinodâ— 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) Carol. mâ—gâ— 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) 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) Epist ad Const apud AthaÌ„ 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) 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) Ibidem He treateth not of matters of the Roman CoÌ„mon wealth where there may be credit giuen to you as to an Emperour but he speaketh of a Bishop And a little after (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 desolatioÌ„ fortould by Daniel And Gregory Nazianzen (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) 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) 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) 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 â—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
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 hod one of Luthers errours who hath taught that the warre that the Christians made against the Turkes was vniust and vnlawful not only to cōdemne 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 cānot excōmunicate them as wel as other Ariās whome it excōmunicated 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 āswere that he saith not that the Church cānot absolue in the spiritual Court the Catholiks from the obedience of Cōstantius 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 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 soruice 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 gratificatiō 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 tēporall 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 Excōmunication 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
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 pensioÌ„ 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 diâ—burseth yearly not much lesse by way of pensioÌ„ to his subiects of the Nobility then the King of England receaueth yearâ—y to his purse all manner of wayes I should not be the Authour of a Paaadoxe for the suÌ„me 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 wheÌ„soeuer 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 iudgmeÌ„t 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 desâ—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 â—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 Idâ—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 â—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 hâ—th already done by he ensâ—ing Oration and other bookes that his Catholiâ—e subiects hoâ—d no other opinions in fauour of the Sea Apostolike but such as are common to those Cathoâ—iâ—es that are accounted euen the most remisse iâ— 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 sâ—biects against their naturall Princes haue growne familia since â—rotestancy brake loose and haue been as it were haâ—cht by that sect in England Scotland Holland Sweueland Germany Switzerland Geneua and most often in France wherof truâ— histories makâ— particuâ—e mention And 〈◊〉 that should not be able to read or vnderstanâ— 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 vâ—ged by Ministers amongst all whome there hath nâ—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 lookeâ— 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 CommoÌ„ 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
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 faâ—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 decisioÌ„ 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 Euphâ—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) 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) 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) Theod. Anagnost l. 2. collect hist Eccl. Anastasius being declared Emperour by the Empresse Ariadne Euphemius the Bishop made resistance (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) 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 coÌ„temnest And imediatly after Thou sayst that the Senate coÌ„spiring with me I haue excoÌ„municated 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 â—â—d set his hand to the banishment of Bishopâ— 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 heuer 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) Marcel Com. in chron demanded Areobuidas for Emperour and threw to ground the Images and statua's of Anastasius And Cedrenus (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) 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 â—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) 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 Royâ—ume the title and freedome of a Kingdome Wherof
that the Church doth this and sometimes it doth it not And againe (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) 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) 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) 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) 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) 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 writtē 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) 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)
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) Apâ—d Bochâ—â—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 ReligioÌ„ 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 professioÌ„ of the Catholike ReligioÌ„ 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 preuentioÌ„ 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 persoÌ„ 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) Petr. Câ—gner grauam 59. the Kinges Aduocate among other the coÌ„plaints 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) Alexand 4.2 Calend. April Pontif. an 2. 4. yealded thâ—se wordes vnto the King S. Lewis by expresse Bulls That no Archbishop nor other Prelate can publish against your land sentence of excoÌ„munication without commaundement or speciall licence of the Sea Apostolike And Nicolas (a) Nicol. 3.13 Calend. Octobr. PoÌ„tif 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) Clem. 4.3 Idib Martij Pontif-an 2. the fourth Gregory (c) Greg. 10.9 Cal. April Pontif. an 1. the tenth Martin (d) Mart. 4. cal Octob Pont ann 1. the fourth Clement (e) Clem. 5.2 cal Aug. Pontif. ann 2. the fift who published the like Bulls Clement (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 coÌ„maund or licence of the Sea Apostolike And againe by other Bulls (g) IdeÌ„ 12. cal Maij Pontif. ann 9. sent to the same King Iohn and Queene Iane for their Chappell 's in particuler in these wordes That it be not lawfull for any to put the Chappell 's 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) Anno 1369. of Charles the Fifth to cause them to be registred And they were registred (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
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
better witnesses then the English writers (a) VVidrington 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 religioÌ„ 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) supra pag. 47. Iohn Maior (c) Io. Maior in 4. sent dist 24. Iames Almain (d) Io. Alma supra pag. 48. Peter Gregory (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) Occ. supra pag 47. Antony de Rossellis (g) Ant. de Rossell Monarch part r. c. 56 and Vulturnus (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) Concil Costant sess 8. in condem art VVicaf 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) Vâ—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 writteÌ„ the Emperour resided actually in Liege (b) Ibid. Thirdly for that the Chapter of Liege hath since (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) Inter Epist Hen. â— 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) Cusan l. 3. concord Cath. c. 7. the Imperialist writing for the CouÌ„cell 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) 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) VVidring 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 coÌ„sciences not only make men to receaue this doctrine (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 propositioÌ„ 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 maÌ„ner as this Audience doth deserue THE SECOND INCONVENIENCE that I haue bound my self to shew in this Fundamentall PropositioÌ„ 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) 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