the bodie or rather to slay and not to heale to vexe not to comfort by darkenesse to shewe light and by crueltie to teach courtesie If thou wilt not destroy thou must vse instruction to instruct thou must subuert to subuert thou must conuince and to conuince reason is necessarie Is it reason to passe to condemnation before proofe to commit the stewes to the reformation of harlots and the execution of sentence to the partie adiudged To the generall reasons of this discourse the king of Nau. and prince of Conde do adde particulat exceptions As that by decree of Charles the 6. published anno 1369. it was forbidden to excommunicate any towne communaltie bodie or colledge of this realme besides that by the priuiledges of the lilly the Pope can not excommunicate either the kâ— or his subiectes so that Clement the 5. by his bull made voide the interdiction of Boniface the 8. against Philip the faire declared this realme exeÌ„pt froÌ„ the Popes power so was accounted adiudged by Alexander the 4. Grogory the 8. 9. 10. 11. Clement the 4. Vrban the 5. Benedict the 12. Also in the yeare 1488. the kings proctor appealed as of abuse from the excommunication that the Pope had cast vpon the inhabitantes of Gaunt vassals to the crowne of France And the court of Parliament by a decree of the 27. of Iune 1526. and an other of the last of Ianuary 1552. declared the clause by the Apostolike authoritie inserted into the Popes rescriptes and sent into France to be voide and abusiue Againe when in March 1563. the Romish inquisition had cited the Queene of Nauarre personally to appeare before the Pope within 6. months vnder paine of confiscation of goods king Charles the 9. thinking that this adiournment touched his honor and the priuiledges of his realme tolde the Popes Nuntio that hee would chastise the authors of that enterprise As in the like case did Lewes the young 1143. deale with Tibault Earle of Champagne who had procured Raoul Earle of Vermandois to be censured Hereunto do I adde with Du Du Tillet cap. of the Peere Tillet bishop of Meaux that wee ought not to suffer a peere to be excommunicate because we are to be conuersant with him about the kinges counsels who in case hee had not whereof to liue ought to finde him Vpon such reasons examples and priuiledges do the king of Nauar prince of Conde depende and as true Frenchmen make a shield against the enimies of France who for preparing the way to their ambition with the price of the poore people do studie to corrupt those goodly priuiledges vsing the priest of Rome as the minister of their furie who being filled with rashnosse haue hatched The Guizians second pretence all the tragedies at this day played in France yea euen so farre as to seeke to make the king to nominate a successor to the Crowne In olde time the Dictator Fabius Buteo endeuouring to bring into order that which time and necessitie had disordered sayde that he would not depose out of the Senate anie of those whome the Censors C. Flaminius Liuius li. 3. dec 3. and L. Aemilius had established Who can then beleeue that the king woulde depriue from the right of the realme those that are called not by the Censors but by the lawe which is the â—â—le of Censure I meane that grounded lawe of France by vertue whereof the successor is seised in a manner during his predecessors life and without other inuestiture is halfe possessioner wherof groweth this prouerbe In France the king neuer dieth Besides to corrupt those lawes whereby hee reigneth after his predecessors euen since the beginning of this Monarchie were as much as to hate himselfe for although we liue vnder a soueraigne whose handes can not be bound yet must we say with L. Valerius against the Oppian law There be lawes that Liuius li. 4. dec 4. be inuiolable in respect of the perpetuall profite of the common wealth and there be others necessarie for a time only those do neuer die but these are mortall according to the diuersitie of occurrences So that these thinges thus by nature distinguished we place first the laws Royall and such as concerne the state of the realm because they be annexed and vnited to the crowne as is this lawe of succession to the preiudice wherof the king can not elect any other successor then whom the same doth appoint him and in this case we may say that which Pacatius saide to the Emperour Theodosius That onely is lawfull for thee to doo Bartol in li. prohibere Plane f. quod fiant clam that the lawes do permit and no otherwise for diuerse considerations First that that is obserued in part must take place in all But the kings do holde it for a generall rule that the publike demaynes are by nature holy sacred and inalienable For that cause was the towne of Zikeleg that Achis gaue to Dauid neuer alienated And the kinges of Englande France Spaine and Polande do sweare neuer to dismember their demaynes yea the king of Englande in his treatie with the Pope and Potentates of Italy added this clause That they should giue no part of the demaynes of Fraunce for the deliuerie of king Frances The reason is because the demaines of the Crowne is a publike valuation in respect of the prosperitie thereof the profite whereof is made priuate and particular to the king that reigneth only so long as he liueth This caused the Emperour Pertinax to raze his name that was grauen in demainiall inheritances that Antonine the pitifull would not dwell but vpon his owne inheritance and that Lewes the 8. chose rather to sell his owne moueables iewels for the satisfying of his legacies then to touch the demains which considering the other rights of the common wealth can be tearmed but a part thereof so that if the king can not alienate much lesse may he passe away his kingdome and subiectes from one stocke to an other The second consideration shall be taken of the example of tutors who as witnesseth Aulus Gellius lib. 5. cap. 9. could not passe away their pupils into other mens power neither kinges their subiectes considering that they are onely tutors to the people to whose generall benefite their eyes ought to be more open then to their owne particular commodities and by the saying of an auncient man Euen as tutorshippe so the charge of Cicer. lib. 1 Offic. the common wealth hath more regarde to the profite of the Gouernors then of the gouerned So that if the king being ledde by euill counsell transferreth his realme the fittest to succeed may frustrate whatsoeuer hath beene done to his preiudice which was put in practise by Charles the 7. against Henry the 5 king of France and England who in respect of his marriage with Lady Katherin of France daughter to Charles the 6. was inuested in this realme as appeareth by the
of a Christian who as saith Socrates the Scholast lib. 7. cap. 15. speaking of the murder of Hipatie ought to haue his handes cleane from bloud And according to an olde saying We must rather debate our right with reasō then with armes Which was the cause that the Athenians and Mitelenians those Periander for an arbitrator in their controuersies for a certaine territory that the Acheans remitted their quarrell with the Argiues to the iudgement of the Mantineans that the Romains before they tooke armes against Hanniball sollicited him to rayse his siege before Sagunt Yea in olde time when necessitie forced them to the taking of armes it was not doone without southsaying and for the most part they asked the counsaile of Oracles so that P. Claudius and L. Iunius being Consuls they were by the decree of the people condemned for sayling away without southsaying as was also Gabinius for leading an army into Aegypt contrary to the tenour of the Sibils bookes and shall the murderers of the commonwealth robbing euen before the magistrates face be accounted the pillers of the Church men that haue not put on armour but to the end to increase their meanesse to fish in troubled water to tryumph vpon the Frenchmens reproch shall they be named the protectors of Saint Peter What benefite my maisters ye Bishops do you looke for of so many mischiefes committed in your fauour you lende your hande to the seditious Is Eccles 7. that the way to retire from the wicked least his sinne fall vpon you Is that your practising of Tertullians counsayle that it is better to be killed then to kill to bee betrayed then to betray and to serue for a marke to the wicked rather then to doo euill What may the Romaines say vnto you Liuy lib. 9. dec 1. they that deliuered the Consull Posthumius vnto the heralds and so returned him bound and fettered vnto the Samnites for making a necessary peace with them of you I say who through passion rather then reason doo fauour an vniust warre For whereof doo you complayne If you say that sundry gentlemen doo holde Abbyes and Bishoprickes in commandement or otherwise wee may aunswere that aforetime they were giuen in portions as we finde that Adolph the second sonne vnto Bald wine the second Earle of Flaunders and Lady Estrilde daughter vnto Elfrede King of England had for his portion the Countie of Saint Pol and Abbey of Saint Berthine Also Robert Earle of Angiers before the decease of his brother of Eude helde the Abbyes of S. Germaine in the medowes S. Crosse and S. Owen Yea and our kings seeing that Abbyes were growne most wealthy and were reduced in manner to the forme of their warlike fauors conferred them to their soldiours who by discretion placed in them a head whom they tearmed Deane which appeareth to haue bene vsed since the raigne of Charles the balde vnto the time of K. Robert If your argument consist vppon the vnfit promotions vnto ecclesiasticall dignities dooth not the imposition of hands and consecration rest in your selues why doo you then giue them to vnwoorthy persons Besides there is no apparance to cut off the kings from their right of presentations because they In the olde historie of S. Denis be the patrons of the churches Yea Pope Adrian held a councell wherein it was decreed that thence forth Charlemaine should haue the inuestiture of Archbishops and Bishops in their prelacies besides that as saith Duarene The installing of Bishops by the authority of our kings is one of the corner stones of this Realme For saith hee who knoweth not the Duaren de sac sanct eccles min. lib. 1. cap. 6 sleights of the Court of Rome how much French blood that horsleach sucketh vp And the exchange of his lead with our gold is growne to a Prouerbe as that in Homer of Glaucus and Diomedes And S. Bernard Bernard lib. 4. de consider ad Eug. euen in his time complaineth that from al parts of the world the ambitious Simonists whoremaisters and incestuous persons ran to Rome to get the honors of the church If you complaine because of some leuie of coine vpon the clergie we may tell you that necessitie hath no law that men are gouerned according to the time not the time according to the men and the occurrences are as it were guides to our actions Wherevpon in the yeare 1171. Lewis the yoong had an aide of the clergie wherewith to send the Earle of Sancerre to the conquest of the holy land Againe in March 1188. king Philip August by the decree of the councell holden at Paris obtained the tenthes of the church for one whole yeare which were tearmed Saladins tenths with part of the like in the time of Theodorike the secōd Charles Martell rewarded such gentlemen as had borne the brunt of the warre against the Saracens Also in the time of Charles the 6. the Earle of Aniou by permission of Clement the Antipope leuyed diuers vpon the clergie Againe in the yeare 1532. king Francis being molested with forraine war had the helpe of the prelats of his realme Besides all which the clergie cannot exempt themselues from tribute because Christ paide it and Ambrose saith Ambrose de Basill trad Theod. lib. 4. cap. 8. If the Emperour requireth it we must not refuse it Valentinian likewise writing to the Bishops of Asia and Phrigia saith that good Bishops are not slacke in contributions yea in such a case the Emperour Constantine threatneth them with grieuous paines And in the time of the Macedonian warres the Romane Senate seeing the people oppressed raised a tax vpon the Priests notwithstanding their oppositions framed vppon such freedomes as Numa Pompilius had graunted them from the which they appealed to the Tribunes who saith Liuy declared the Priestes appeale to come out of season so as they exacted of them the taxes of all the yeares that they had not payed and yet you my maisters doo practise enterprises against your king because that he forced by necessitie doth exact of you some tribute and tickleth you when he might claw you vnto the very bones by a iust reformation grounded vppon the estate of the primitiue church Wake not therefore him that sleepeth neither thinke my maisters that those that do serue their owne turnes by the warres as by a spoonge wherwith to sucke vp the substance of the Church and haue no other goodes but the wealth of the crucifixe will prouide any remedy for your pretended sicknesse and to say that now they will root out the Protestants is but badly to weigh their actions and well worse their power for are they become Briarees since they began to fight vnder our kings authoritie vndoubtedly there is nothing increased in them but folly and desire of dominion At all aduentures if they be led by the feare of God and pietie of Catholike religion why doo they not turne their weapons against Iewes who do scatter the
vnto him in these termes Because thou thorough disloialtie aud periurie hast opened the gate of honor that the Church of God being tormented with thy newe inuentions as with a vehement storme fleeteth in danger and that thy life is tainted with manie villanies wee shake off the yoke of obedience that hitherto we haue lent thee and as openly thou giuest out that thou accountest none of vs to be bishops so doo not we take thee to be Apostolicall Besides this Councell the Emperor Henrie the fourth summoned another at Bresse anno 1080. wherein Gregorie the seuenth was againe deposed and Wigibert Archbishop of Rauenna substituted in his place The same Emperor also anno 1083. tooke Rome and Gregorie fledde to Salerne Platina in vitis Pontif. where hee died Shortly after namely anno 1111. the Emperor Henrie the fift seeing that Pope Pascall the second sought to intrude vpon the ancient rightes of the Empire concerning the inuestiture and collation of benefices kept him prisoner vntill he had by declaration confessed that hee had gone farther then hee ought Also by the aduice of the Germaine bishops Philip the son of Frederike Barbarossa raised an armie to bridle Pope Innocent the third who had wrongfullie excommunicated him and who ordinarely vsed to say that either Innocent should plucke the royall diademe from Philip or Philip the Abb. Vrsp in Philip. Apostolicall mitre from Innocent But in the end all was appeased by the Popes Nephewes marriage with the Emperors daughter In processe of time Fredericke the second to whome the Church was much bound as wel for raising an army anno 1222. against the Sarazens in Sicill Calabria and Pouille as also Abb. Vrsp in Fred. 2. for going about the conquest of the holie lande in anno 1228. was thrise by Pope Gregorie the ninth excommunicate viz. in the yeares 1223. 1237. 1238. So as he by the counsell of the Germaine Prelates fell vpon Italy seised vpon Verona spoiled the territories of Padua in whose time began the factions of Guelphes and Gibelines Againe about the Vit. Pâ—d yeare 1323. Lewes of Bauier against whome pope Iohn the 22. had opposed Frederike of Austrich did by the aduice of the Romaines elect a new pope called Peter of Cerberie whom he named Nicholas the fift who immediately created new cardinals and burned Pope Iohn in picture in the presence of the Emperor who moreouer in the yeare 1336. assembled a dyet at Francfort wherein by the decree of the Princes of the Empire Pope Iohns proceedings and excommunications were declared voide and of no force In the yeare 1415. Iohn the three and twentith flying from the Councell of Constance by the helpe of Fredericke Duke of Austrich and the Archbishop of Mayence was by the authoritie of the Councell and of the Emperor Du Tillet Sigismond deposed togither with Gregorie the twelft and Benedict the thirteenth Antipopes to whom in Nouember 1417. was Surrogate Ottho Cardinal of Columna afterward called Martin the fift These Popish insolencies had no better entertainement in France then in Germanie for in the yeare 1198. when this realme was by the Councell of Diion accursed because the king Philip Augustus reiecting Engelberge sister to Cain king of Denmarke had married Anne daughter to the D. of Morauia the king appealed to his swoords point and sharpely punished those that were assistant at that Councell so that the Pope perceiuing that so great a Monarch woulde not bee handled without a snafle endeuored to appease him and in the yeare 1201. called a Councell at Soissons where by orderly exhortations for bishoppes the king tooke againe his wife Engelberge But Philippe the faire proceeded farther for at that time when Pope Boniface the eight had accursed the realme and abandoned the same as a pray to the Emperor Albert of Austrich in the presence of his princes and councell he caused the Bull to be burned and sent into Italie Noguarel with an armie a decree of seizure of bodie by vertue wherof hee tooke the Pope prisoner Also Lewes the twelfth whose greatnesse the Priest of Rome had often bayed at but neuer could bite perceiuing that Iulius the second followed the traine of his predecessors insoleÌ„cies that hauing excommunicated him his subiects hee stirred vp the Englishmen Germaines Spaniards against him did openly by a decree of his Parliament rent the Bull of introduction and imprison the bringers thereof and then by the aduise of the French Bishops assembled at Tours about the yeare 1511. did resolue by armes to withstand the Popes tyrannie who since from time to time hath still practised some mischiefe against France and as Martin du Bellay in the second booke of his remembrances testifieth Pope Leo hearing that the French-men vnder the conduct of the Lorde of Lautree had lost Millanine anno 1521. conceiued such ioy thereof that he died suddenlie Oh glorious death of one of the Apostles successors O the holy father who doth not onely delight in the mischiefe that he committeth but also doth euen bathe himselfe in that harme that he doth not Since that this Popish ambition hath of ouerflowed all Christendome that the Church is at this present vtterlie disfigured witnesse the kingdomes of England Scotland Denmarke and Sueden the seculars of the holie Empire a great part of Poland and Boheme the chiefe Cantons of the Zwitzers and many great townes and communalties of Germany that haue played bankerout with the catholike romish religion what thinkest thou O thou Romish priest howe goest thou to wrecke and how corrupt is thy life Is thy holy water now turned to bloud Hast thou no other holy water stocke thaÌ„ poore France rent in peeces with so many mischiefes Is the knife the holy water sprinkle Be the harquebushes S. Peters kayes Is thy courtesie crueltie and thy peace warre dost thou saly for to heale dost thou scatter to gather togither againe dost thou prouoke to appease and pul down for to build againe My kingdome is not of this world sayth Christ and yet thou wilt lift vp thy crosse aboue scepters and thy miter ouer diademes Nourish sayth he peace and charitie and thou sendest thy bulles post abroad to sowe debate among those that be at one He sheweth thee the heauens but thou beholdest the earth he giueth thee the charge ouer soules but thou wilt master the bodie Thou hast beene hurt and yet seekest to refresh thy wound For if any heresie springeth vp in the worlde thou shouldest deale with the mind not with the goods neyther shouldest thou fight with kniues but with reason If we vse not to apply to the body the medicines fit for the soule why shouldest thou apply to the soule those that appertaine to the body like disease like medecine like wound like oyntment like occasion like remedie To bodily wounds belong bodily medicines and to spiritual diseases spirituall remedies To seeke therefore by force to root out heresies is to cure the soule by