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A19951 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. 1616 (1616) STC 6384; ESTC S116663 77,855 154

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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 māner 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 Cōmon 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 h ld 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
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) 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 Religiō 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 professiō of the Catholike Religiō 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 preuentiō 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 persō 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. C●gner grauam 59. the Kinges Aduocate among other the cōplaints 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 th●se wordes vnto the King S. Lewis by expresse Bulls That no Archbishop nor other Prelate can publish against your land sentence of excōmunication without commaundement or speciall licence of the Sea Apostolike And Nicolas (a) Nicol. 3.13 Calend. Octobr. Pōtif 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 cōmaund or licence of the Sea Apostolike And againe by other Bulls (g) Idē 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