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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
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 religiō 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) V●sperg in Chron. very passionate against the Pope as hauing beene created Bishop by the Emperour by the Anti-pope Secondly for that at what time it was writtē 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. ● 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 Coūcell 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 cōsciences 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 propositiō 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 māner as this Audience doth deserue THE SECOND INCONVENIENCE that I haue bound my self to shew in this Fundamentall Propositiō 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
yet these be at this day the writers whome they celebrate extoll and whome they haue in their eyes For so an authour say something against the Pope and that he put as much as he please the safetie of Kinges vnder the peoples feete him they imbrace applaude and adore And of this we neede not any better proofe then the edition of Gerson which they who haue beene the first authors of the Article that is now proposed vnto vs haue caused to be imprinted eight yeares since with inscriptions pictures and elogies or testifications of his prayses because he seemeth vnto them to haue writen against the Pope For in his sermō made in the presence of King Charles the 7. in the name of the Vniuersitie of Paris Gers serm ad Regem Fran. nomine vniuersit Paris after he had made Sedition to speake which wills that vse without exception and indifferently be made of this rule of Seneca There is not a sacrifice more pleasing vnto God then the killing of Tyrants and that it is to be put in vre against all sortes of persons accused of Tyranny and vpon all manner of suspitions and of defamatory libels and Dissimulation that wills on the contrary that we neuer vse it but that we endure all Tyrants he bringeth in Discretiō that teacheth when it is to be vsed in these wordes Gers ibid. We conclude further that if the head or any other member of the Commō wealth should incurre such an incōuenience as he would swallow vp the deadly poyson of Tyrany euery member in his place should oppose himself by al his possibility by expediēt meanes such as should not make the matter worse seing it were to small it purpose when the head aketh that the hand should strike it but rather folly For nether is it necesary to cut it off by by to separate it from the rest of the body but we must cure it sweetly aswel by good words as otherwise lyke prudent wise Phisitians There could not be any thing more against reason of greater cruelty then Tyrany by a seditiō I cal sedition a rebellion of the people without cause and without reason which is oft tymes worse thē tyrany c. There needeth great singuler discretion prudence and temperance about the expulsion thrusting out of tyranny and therefore we must heare and giue credit to wise Philosophers Lawyers Deuines to men of good life of good and naturall prudence of great experiēce of whom it is said In old men is found experience For though a Prince and Lord sinne in many cases yet he must not for that be presently censured a Tyrant So he there And in his worke of ten Considerations against the flatterers of Kings where he recapitulateth a part of the discourse of his Sermon Gerson Considerat 7. contra adulat he sayth It is an errour to belieue that a terrene Prince is not bound in any thing during his raigne to his subiects For according to diuine right and naturall equity and the end of true gouernement as the subiects owe fidelity ayd succour and seruice to their Lord So the Lord oweth agayne faith and protection to his subiects And if the Prince manifestly pursue and persecute them and with obstinacy in iniury and by fact then this naturall rule It is lawfull to repell force by force and this saying of Seneca There cannot be a more acceptable Sacrifice immolated and made to God then by taking away of a Tyrant taketh place And notwithstanding this which is more strange those who haue caused this to be reprinted haue not vouchsafed to add either in the beginning of his workes or in the margent of these wordes any obseruation or note for the censuring of them or for aduertisement of the Reader to take heed But indeed how could they haue done it without condemning themselues Themselues I say who during the fury of these last troubles had been Ensigne-bearers or rather had caried the burning torches of this pernicious doctrine and had maynteyned and publisht it against King Henry the third by propositions disputed and printed For these be their words It is most certaine that by right both diuine and naturall the Estates be aboue Kings And againe It was lawfull for all the people of France most iustly to take armes against the Tyrant that is to say agaynst King Henry the third And a litle after They who consider matters attentiuely and diligently will iudge that the eternall enemies of the Religion and of the Country ought to be pursued not only by publique armes but also by the sword and plotts of particuler persons And that Iames Clement the Dominican was not put forwards by any other desire then by the loue of the Lawes of his Country and of the zeale of Ecclesiasticall discipline by which this restorer of our Liberty hath put vpon his owne head grace and vpon our neck a coller of gold and the heauenly collers of the Church Thus there This I say not to scandalize them for I conceale their names nor to reproach them with that that the bounty and clemency of the King hath buried vp and forgotten but to shew that they should be content to attend the rest of their dayes to the cancelling and washing away of their offence with their teares and not to meddle themselues with the making of lessons of the seruice of Kinges to them who alwaies well and faithfully serued them euen then when they persecuted them But these are violent spirits who being transported to one extreme and not being of power to hold the meane thought that the best meanes for the iustifying of themselues was to passe ouer to the other extreme and to put their hand to pen to write and fight against the Pope Wherin as they are found conforme or at least very like vnto the Churches enemies they haue beene so set on and plyed by those our enemyes and by some that dissembled with them as they haue beene induced thrust on vnder a pretence of the Kinges seruice to sow the seedes of schisme But Syrs the King desireth not to be serued after this sort his will is not that prouision be made for his safety by schisme and by the Churches diuision In the ruines whereof is comprehended the ruine and ouerthrow of his owne safetie spirituall and temporall he is a Catholike and the eldest child of the Catholike Church he is the first Catholike of all the Kinges and the first King of all the Catholikes He feareth not to fall into Heresy and standeth not in doubt of the Popes censures nor dreadeth the Churches threates against Heretikes He is the prime and principall protect our of the one and the other He is the heire both of the Crowne and of the name and of the faith of that glorious S. Lewis who was the Churches support and piller and the Popes defence retrait He is descēded from a mother no lesse Catholike pious and
them in feare of eternall tormentes Those who vndertake these detestable parricides vnder a false per suasion of Religion are not kept back with any feare of corporall punishment they bath themselues in tormentes with delight they expect triumphes and Crownes of Martyrdome they flatter themselues with false application of that sētence of our Sauiour do not feare them that can kill the body Matt. 10. but rather feare him that can send both soule and body into hell So that to restrayne and terrify this kinde of people we must lay before them not such lawes as are executed in this life which they care not for and thereby depriue other men of theirs but of such lawes whose rigour and seuerity are exacted after death that is of lawes Ecclesiasticall and spirituall The Milesian Virgins were possessed of so furious and prodigious hatred of their liues that they ran voluntarily with great contentment to their deathes they strangled threw themselues downe headlong and cut their owne throtes the prayers and teares of their parentes not being able to hinder them The Magistrates of the Iland oftentimes consulted and made many decrees to stop the publick mourning but none of their designementes tooke effect For they despising and hating life entred likewise into contempt of whatsoeuer was ended with life vntill in the end seeing all other meanes to fayle them agreed to publish a law whereby all those which voluntarily made away themselues should be drawne openly through the streets that stark naked after their death Then the frenzie which all these remedies applied during life could not cure the apprehension of shameful punishment after death did remedy The like is to be held of this fury this rage this madnes there is nothing but the feare of paynes to be imposed after death nothing but the apprehension of the paynes of hell nothing but the horrour of eternall torments which are sufficient to cure their distemper who thinke to immolate and sacrifice their liues to God when they loose them by putting in execution this horrible and abhominable enterprises Now the spiritual and Ecclesiastical lawes are those only which can imprint in mens hartes the terrour of excommunication and liuely apprehension of euerlasting torments For to cause this effect they must proceed frō Ecclesiasticall Authority that is certaine absolute infallible that is to say vniuersall and such as conteineth nothing wherein the whole Church doth not agree For if they proceed from doubtfull and different authority conteyne such thinges whereof one part of the Church houldes one opinion the head and other partes thereof teach another those in whose bearts they desire these thinges should make impression insteed of houlding them for certaine and infallible and therby to be terrified and swayed by their threats fall to laughing at them and hould them in extreme derision And therefore we must take great heed I say once againe we must take extraordinary great heed to mixe that which is in no sort to be doubted of in this Article and that which the whole Church agrees on that is to say that none without putting himselfe in danger of the diuell and eternall death may aduenture vpon the life of Kinges with any point in controuersy for feare of weakning that which is vndoubtedly true by ioyning it with some other thing which other partes of the Church do debate and hould in dispute Three points there are in the substance of your Fundamentall Law besides certain accessary pointes and circumstances The first cōcerneth the security of Kinges persons and in this we all agree offering to seale it not with inke but with our bloud that is to say that it is not lawful for any cause whatsoeuer to murther Kinges and not only with Dauid do de●est the Amalecite who vaunted to haue laid his handes on Saul 1. Reg. 11. although reiected and deposed by God by the mouth of Samuel but moreouer cry out aloud with the Sacred Councel of Constāce Concil Constant sess 5. against the murtherers of Kings euen such as might be pret̄eded to be Tyrants Anathema to such as murther Kinges eternall malediction to the assassinats of Kinges eternall damnatiō on al such as murther Kinges The second point is of the temporall dignity and soueraignty of the Kinges of Frances and in this likewise we agree For we beleeue our Kinges are absolute in euery fort of temporall Soueraignty in their Realme and that they are neither feudataries to the Pope as some others who haue either receaued or obliged their Crownes with this condition nor to any other Prince but that in the pure administratiō of temporall thinges they depend immediatly of God and acknowledge no other power ouer them but his These two pointes then wee hould for certaine and vndoubted but in different manner of certainty for the certainty of the first is diuine and theologicall the certainty of the second humane and historicall For that which Pope Innocent III. (a) Cap. per Venerab Tit. Qui filij sint legitimi affirmes that the King of France acknowledgeth no superiour in temporalities is spoken by him in forme of historical testimony and that certaine other Realmes whereof he seemes to wright (b) Cap. causam tit eodem the same haue since changed and bound themselues to some certain kind of temporall dependence vpon the Sea Apostolike and that France remaynes in her prime estate it is history and not faith that tells vs so There remaynes the third point which is this Whether if Princes hauing made an oath to God and their people either themselues or their predecessors to liue and dye in the Christian Catholick faith and do afterwardes violate their oath rebell against Christ bidding him open warre that is to say fall not only to open profession of heresy or Apostacy from Christian Religion but withall passe to force their su●iectes consciences and goe about to plant Arianisme or Mahometisme or any such like infidelity within their states and thereby destroy and roote out Christianity whether I say in this case their subiects on the other side may not be declared absolued from their oath of Loyaltie and Fidelity And this comming to passe to whome it apperteynes to pronounce this absolution This then is the point in controuersy betweene vs For your article conteyneth the negariue that is to say that in no case whatsoeuer the subiectes may be absolued from the Oath of Allegiance made to their Princes As on the contrary side all other partes of the Catholike Church togeather with this of France since the institution of Schooles of Diuinity vntill the comming of Catuin held the affirmatiue propositiō which is that when the Prince breakes the Oath he hath made to God and his subiectes to liue and dye in Catholique Religion and doth not only become an Arian or a Mahometan but manifestly wars against Iesus Christ in compelling his subiects in matters of conscience and constrayning them to imbrace Arianisme or
he ought when he assayeth to bring in a Schisme and diuision in ours But shall it be said that what the King of Great Britany doth in England against the Catholikes doth serue vs for a law and an example to do the same in our Catholique Countrey Shall it be said that France that hath for so many ages beene honoured with the name of a most Christian Realme Hier. contra Vigil and in which S. Hierome said there were no monsters is brought to this that it permitteth not Catholike religion but with the same conditions and seruitudes that be imposed vpon it in England Shall it be said that Ecclesiasticall persons be not suffered to liue in Frāce but vnder the stipulations conditions vnder which it is permitted them to liue in England Shall it be said that the Catholikes of France and especially the Clergy enioying security and freedome shall be enforced to sweare and binde themselues to belieue the same thing which with groaning and sighes thereby to gayne some litle breath is done by Catholiques in England And if there be found in England Catholikes constant inough to suffer all sortes of punishments rather then to consent vnto it shall there not be found those in France to doe the same rather then to subscribe to sweare an article that putteth the raynes of the faith into the handes of the Laytie and bringeth a diuision and Schisme into the Church Yes certainly Gentlemen such will be found in France And all we who are Bishops will rather go to martyrdome then giue our consentes to the deuiding of Christes body Apud Euseb Eccl. hist lib. 6. cap. 37. remembring this saying of S. Dionysius of Alexandria That the martyrdomes that men suffer for the hindring of the Churches diuision be no lesse glorious then be those that men endure for absteyning from sacrifising to Idolls But we are not God be thanked vnder a King who maketh martyrs he leaueth the souls of his subiectes free and if he doth it to those of his Subiectes that be strayed from the Church how much more will he do it to those soules of his Catholike subiects we liue the one and the other vnder the shadow of the Edictes of peace in liberty of conscience And wherefore then should we be constreyned to sweare that which we forbeare to make others to sweare There is not one only Synod of Ministers who would haue subscribed to that article which they would bind vs to sweare There is not one Consistory of others but beleeueth that they are discharged of their Oath of fidelity towardes Catholike Princes when they shal be forced by them in their consciences Of this come those modificatiōs that they haue so oft in their mouth Prouided that the King forceth vs not in our conscience Of this come these exceptions in their profession of faith So the Soueraigne Empire of God abide in his owne integrity Of this came the taking of arms so many times against the Kings when they would take from thē the liberty of religiō Of this came their insurrections and rebellions both in Flanders against the King of Spayne Sweden against the Catholike King of Polonia whome they spoiled of the Realme of Sweden his lawfull inheritance and therin established Duke Charles a Protestant Neither yet do they restrayne these exceptions to the only case of religion of conscience but they further extend them to secular matters The writinges of Buchanan Bruse and infinite others giue testimony who will that if the Kinges fayle in temporall conuentions and accord which they haue made with their subiects their subiectes be free to reuolt from them Not considering that there is great difference as we haue already declared betweene faylinge in a simple accord made by Oath and destroying the Oath by the which the accord was made For when a Prince doth of frayltie or of humane passion commit some iniustice he doth indeed against the Oath he hath made to his people to do them iustice yet he doth not thereby destroy his Oath But if he make a contrary Oath that is to say insteed of what he hath publiquely and solemnly sworne to his people which was to do them iustice to wit as far as humaine frailty will permit he should sweare and bind himselfe by another publique and solemne Oath that he would neuer render them iustice but rather sweare that he will minister nothing but iniustice he should then destroy his Oath renounce his owne Royaltie in renouncing by a contrary Oath the clauses and conditions of his former oath for which and by meanes and occasiō wherof his Royalty was instituted And therefore Barckley the Achilles of the doctrine of your Article hath had most iust cause to reprehend and find fault with the aforesaid authours but in reprehending them he hath reserued an exception of two cases which make much more to the preiudice of Kinges then do the Churches censures from which he would exempt them For he affirmeth expresly that in two cases the people may shake off the yoke of Kinges Guil. Barcl lib. 4. cont Monarchomach c. 16. arme themselues against them Behold his wordes What then Can there not occurre any cases in which the people may rise take armes by their owne authority and assaile a King insolently raigning None indeed so long as he contynueth King For this commaundement of God contradicteth it alwaies Honour the King c. who resisteth power risisteth God The people then addeth he cannot haue by any other meanes power ouer him but when he doth some thing by which he ceaseth of right to be King For then for as much as he spoyleth and depriueth himself of his principality and maketh himself a priuate person the people remayneth free and becommeth superiour And these two cases as he saith be when a Prince laboureth and hath intention to exterminate and ouerthrow the Kingdome common wealth as Nero and Caligula did or when he will make his Kingdome feudatary to another Ibidem I finde saith he two cases in which a King by fact maketh himself of a King no King and depriueth himself of his royall dignity and of power ouer his subiectes The one is if he goeth about to exterminate the Realme Common wealth that is to say if he hath a designe and intention to destroy the Realme as it is recorded of Nero that he had a deliberation to exterminate the Senate and the people of Rome c. And the other if the King hath a wil to put himselfe vnder the clientele and protection of some other But who seeth not that this is a thing tooto vnworthie for a Christiā to admit these exceptions in case of the destruction of a Cōmon wealth and not in case of the destruction of Religion and otherwise the iudgment which the people may make of the one is much more perilous to Princes thē that which the vniuersall Church may forme of the other And