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A04991 The argument of Mr. Peter de la Marteliere aduocate in the Court of Parliament of Paris made in Parliament, the chambers thereof being assembled. For the Rector and Vniuersitie of Paris, defendants and opponents, against the Iesuits demandants, and requiring the approbation of the letters patents which they had obtained, giuing them power to reade and to teach publikely in the aforesaid Vniuersitie. Translated out of the French copie set forth by publike authoritie.; Plaidoyé de Pierre de la Martelière ... pour le recteur et Université de Paris ... contre les Jesuites. English La Martelière, Pierre de, d. 1631.; Browne, George, lawyer.; Université de Paris. 1612 (1612) STC 15140; ESTC S108203 61,909 128

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THE ARGVMENT of Mr. PETER de la MARTELIERE Aduocate in the Chart of Parliament of Paris made in Parliament the Chambers thereof being assembled FOR THE RECTOR AND VNIVERSITIE of Paris Defendants and Opponents against the Iesuits Demandants and requiring the approbation of the Letters Patents which they had obtained giuing them power to reade and to teach publikely in the aforesaid Vniuersitie Translated out of the French Copie set forth by publike Authoritie HONI SOIT QVI MAL Y PENSE ❧ Jmprinted at London and are to be sold neere S. Austins Gate 1612. TO THE HONOVRAble Sir THOMAS FLEMMING Knight Lord Chiefe Iustice of England MY Lord The same reason which first incited mee to vndertake this taske hath beene a principall motiue likewise emboldening me to offer it vnto your Lordships view and to presume to publish this discourse vnder the protection of your Lordships name The matter heerein handled is a notable famous controuersie arising between the ancient and renowned Vniuersity of Paris and the new and infamous yet cunning and powerfull sect of the Iesuits referred vnto the determination of Law Iustice and vpon the pleadings formally and iudicially argued and discussed the Actor a man of Law a learned and famous Aduocate as this his elaborate Argument doth sufficiently testifie and by a learned Doctor and Rector of the Vniuersity of Paris stiled os Themidis fori deliciae The persons and place before whom and where it was represented the Presidents and Counsellors in that great Court Parliament of Paris the sterne and guide of the Common-wealth and affaires of France the iustice and authority whereof amidst the cruell rage and tempests of ciuill wars as a firme anchor vpheld and preserued the same from most apparent shipwracke As then it cannot be accounted I trust superfluous and impertinent in me whose studie is conuersant in the Lawes of this Kingdom to intermeddle with that which is within the compasse of my profession and to ioine the view of the Lawes customes of other Nations and their manner of proceeding with those of our owne since that all humane Lawes haue but one soule which is reason one onlie function which is the peace and quiet of Estates and Common-wealths So I hope it will not be deemed presumption or rashnesse in that I present it vnto your Lordship who worthily presideth in a supreme Court of Iustice not inferiour vnto that of Paris in regard either of antiquity or Maiestie the Basis and pillar of this great Monarchie the firme supporter of the roiall Crowne and dignity To you my Lord who in regard of the place to which your worth learning piety eminent virtues haue iustly aduanced you do bear that honorable stile of Lord Chiefe Iustice a most significant title denoting the speciall charge and interest wich is committed vnto your Lorship in the execution of Iustice which you most sincerely wisely and religiously doe exercise with all integrity moderation to you who by reason here of are of the Law and professors thereof Deus tutelaris a Patron and Protector and therefore what our industry can effect is but a smal acknowledgement retribution of duty to be offered and dedicated vnto you Besides the subiect of this discourse is chiefely against that new excesse of impietie and King-daring doctrine of the Iesuites which like a contagious disease hath infected all the quarters of Europe bred strange combustions in Estates and bene the cause of most desperate attempts against the venimous poison whereof there is not a more forcible preseruatiue then the seuerity of your Iustice nor hath there bene euer any stronger bulwarke defence of the sacred authority persons of our Kings in all times and ages then the common Lawes of this Land Statutes of the Realme of the which your Lordship is the Chiefe-gardian and by due execution doe addelife soule vnto them These reasons my honorable Lord haue moued me though with the discouery of mine owne imperfections to hazard these first vntimely fruites of my idle houres on your Lordships fauourable acceptance wherein I shall haue receiued full content my desire intention beeing only to yeeld vnto your Lordship an humble acknowledgement of that reuerent regard and due respect I owe vnto you and to testifie that I am Your Lordships in all dutie deuoted GEORGE BROWNE AN ADVERTISMENT to the Reader READER To the end that thou fall not into this discourse abruptly I haue thought it not impertinent by way of Preamble to insert this short aduertisment touching the first institution of the Iesuites with their beginning and proceedings in France and the occasion of this present controuersie which may serue not only for an introduction into the discourse ensuing but also for an explanation of sundry passages alleged therein Whatsoeuer is here related I haue taken partly out of Steeuen Pas quier sometime Atturney generall of the King at Paris in his 4 booke of Epistles last epistle which I wold not conceale the rest I haue collected out of the histories of France As for the Vniuersity of Paris I shall neede to say little for it is sufficiently set foorth in the discourse but that it was first founded by Charles the Great in the yeere of our Lord 791. and that the Sorbonne so often mentioned is nought else but a famous Colledge of Diuines founded about the yeere 1253. by Lewis the 9. called Saint Lewis as my Author saith or as others write by Robert brother of the said King Now as concerning the Iesuits this Order first arose in Christendome about the yeere 1540. the Author and Founder therof was one Ignacius Loyola a gentleman of Nauarre who all his life time had followed the wars and being hurt in the Towne of Pampelona which is the chiefe City of Nauarre whilest his wounds were a healing he fell to reading the liues of the Fathers resoluing vpon the pattern of their liues to frame the tenor of his owne afterward ioining with some others who were some 10 in number they altogether swore a kind of Societie and Ignatius beeing cured they made voiages to Paris Rome and to Ierusalem and at last retired themselues into Venice where they made their aboad some few yeeres and seeing they had many followers remooued thence to Rome where they began to make publike profession of their Order promising two things especially the one that their principall end and scope was to preach the Gospell to the Pagans and Infidels for to conuert them to the Christian Faith the other freely and without reward to instruct Christians in good letters and for to fit and accommodate their name to their deuotion they termed themselues religious men of the Society of the name of Iesus They presented themselues vnto Pope Paul the 3. of the house of the Farneses about the yeere 1540. which was the time that Germany began to take armes by reason of the alteration of religion and because that one
Seminaries was committed vnto the Iesuits presently they meditated how they might take from the Priests and Ecclesiasticall men of the Country whose deuotion and affection had beene prooued the rule and authority from ouer their flocke for to attribute it vnto themselues caused Arch-priests to bee made which should yeeld them a reason of all things and would that the contributions and almes of the Country which are not small should be distributed by their hands which caused more trouble amongst those poore Catholiques then all their persecution in the which before they medled with matters there was neuer any obiect of committing treason yea they came to such excesse that some Ecclesiasticall men of England hauing passed the Sea for to aduertise his holines of this disorder Persons the Iesuite made them to be put in prison and to be handled as malefactors and schismatikes and hindered their appeales from being receiued These poore men thus afflicted found meanes by the Councell of the Vniuersity of Paris to make the iustice of their complaint to appeare whereupon came forth the Breue of Pope Clemēt the 8. by which the Ecclesiasticall men of England were forbidden to render any account of their administration vnto the Iesuits or to their Generall nor to communicate their affaires vnto them by letters or otherwise but to addresse themselues directly to his holinesse with reuocation of that which Cardinal Caietan protector of England had decreed in fauour of them principally concerning the distribution of the almes and after that the trouble of that Church ceased and the peace thereof had continued longer had it not beene for the negotiations of the Iesuits in that which rather concerned the Monarchie of the world then the Kingdome of heauen Another example without exception and the carriage whereof was publike and notorious a testimony of the mediocrity whereof they boast that they haue gotten the perfection and of the peace which they procure vnto the Church The inquisitiō was placed in the hands of the Dominicans as well for their great and excellent knowledge as for the great seruices they had done the Catholike Church time hath not diminished the ancient and first glory of this order The Iesuits whose designe tendeth to the soueraigne dignity of the Church bethought themselues to stirre vp against them a dispute which they call de auxillijs concerning iustification thinking that by getting some aduantage vpon the reputation of these Religious men lesse cunning then they are it would bee easie to pull out of their hands this powerfull function although they neuer had abused the same Which Pope Clement vnderstanding forbad the disputation notwithstanding the Iesuits published the same and there is no man who is ignorant that this wise and holy Pope desired to abate their ambition confessing that hee had entred into speech thereof with Cardinall Tolet who preferred towards his latter end the honor and good of the Church before the factions of his society that he had sought meanes to make the counsell of Sixtus the fifth to preuaile which was to shut them vp and to submit their Generall to the capitular resolutions of the society and to make him triennall from the which that they might secure themselues they haue obtained a Bull from Pope Gregory the foureteenth which importeth excommunication to all those who should offer to enterprise the like but the Pope being not able to bring it to passe and Cardinall Tollet being deceased he would vnder colour of reforming their Order haue sent their Generall into Spaine which the Iesuits withstood affirming vnto his Holinesse that he could not do it without preiudice of his health which made one amongst them to enquire of a woman which was possessed with an euill spirit what should be the successe of that voyage doubting with others of his society that this was a meane to diminish the power of Aquauiua which is as great at Rome as that of the Pope The leauen which the Iesuits had left in the Townes where the Kings Edict touching there banishment was not executed made them alwaies to encrease the hope of their returne histories the witnesse of time the memorie of ages past the mirror of men the messenger of all the accidents which declare the truth shall faithfully report vnto posterity that they haue not omitted ought which might make for their purpose and they haue not concealed it in a great discourse composed of thirty or fourty articles which they published and supposed it to haue been made in the yeere 1603. by the King in answere to the graue remonstrances of his Parliament which they impose and thrust vpon strange nations as if it were true hauing made it to bee printed in Latin and Italian and lately Gretserus in Germany for their last discharge and also Posseuin doe imploy it in their Bibliotheca or Chronicle which they haue composed to the end that this imposture should passe current vnto posterity who after that they had beene so bold as to compare their reestablishment which was of pure and meere grace vnto the diuine and lawfull establishment of our King in his Estate yet they confesse that they obtained it as they might very hardly As we all acknowledge that the clemency of our King hath giuen peace to his people so it was necessary for him to assure the foundations thereof by iustice in case of so great so inueterate and pernicious a corruption for the sure establishment of the common weale not to content himselfe to command wel but to inhibite the committing of euill Great King which hast beene without comparison more exalted in vertue then in dignity aboue other men your good seruants wounded by the knife which hath shortened your daies shall for euer complaine that your vnmeasured clemencie and gentlenesse hath encreased the boldnesse of those who haue beene to you as very infidels as you haue beene vnto them a good and gracious King Our heart was sound our wound recouered and the griefe of the Vniuersity in particular beganne to breake away when the Iesuits emploied the intercession of Pope Clement the 8. about their reestablishment in this kingdome All Christendome can be witnesse of the deuotion which our King did beare towards the holy Sea and of the honour which hee gaue particularlie vnto Pope Clement for his high great and eminent vertues the bounty of the King more respected the contentment of the Pope and the assurance which he gaue him then the naturall apprehension of the iniuries and outrages which he had receiued so that after manie commandements vnto you my Lords and many remonstrances by you the letters which they had obteined were verified it being worth the noting that the conditions added vnto their reestablishment by meanes whereof men thought to bring them to the tearmes of simple religious men and obedient Subiects being consented and agreed vnto by the Pope were not allowed by their Generall by reason that they were different from the principall rules of