notwithstanding what Azarias the high Priest said vnto him taken the Censar in hand to offer incense before the Altar the high Priest iudging it to be the leprosy did thrust him out of the Temple and from conuersing with the people by that meanes caused that the administration and gouernment of the Kingdome was taken from him and transferred to his sonne though among other nations the leprosy depriued none of conuersation with others nor of the gouernment of the Common wealth witnesse wherof is Naaman 4. Reg. 5. who was Generall of the warfarre of the King of Syria and Gouernour of his whole Kimgdome Finally to passe from thinges figured to things literal 1. Mach. 2. seq they allege the story of Matathias high Priest the head of the family house of the Machabees who seeing Antiochus who raigned in Iury to haue an intent to force the Iewes in their ancient customes and to ouerthrow their law and to persecute them by punishmentes torments death tooke armes gathered Gods dispersed seruantes together who effected wrought so much vnder his cōduct and his sonnes as they deliuered the people from the yoke of the Seleucides and tooke from them the Kingdome of Iury and by that meanes conserued the religion of the Iewes which without such a resolution fauoured by Gods visible assistance had els beene quite exterminated and abolished out of the land Those who hold the negatiue part come downe to the new Testament and cite for themselues this passage of S. Rom. 13. Paul where he writeth Let euery soule be subiect to higher Powers 1. Petr. 2. For he that resisteth the power resisteth the order instituted of God And this of S. Peter Be ye subiect whether it be to Kings as more excelling or to Rulers And by this they inferre that obedience to Kinges is of Right Diuine and therefore cannot admit dispensation by any authority neither spirituall nor temporall The maynteyners of the affirmatiue part answere to this that these passages do not in any sort touch the knot or difficulty of the controuersie For the question say they is not whether it be de Iure diuino to obey Kinges whilest they are Kinges or knowne for Kinges But the question is if it be de Iure diuino that he who hath beene once known acknowledged for King by the body of Estate may cease to be that is that he may do some thing by which he commeth to loose and forgo his rights to cease to be acknowledged for King Now these two questions be farre different For to take an example euen of him vnder whome S. Peter suffered martyrdome it was de Iure diuino to obey Nero whilest he was Emperour But it was not de Iure Diuino say they that he could not fall from his Imperiall rightes and be deposed and declared an enemy of the Common wealth It was de Iure diuino so long as Antiochus was by the Community of the Iewes acknowledged for King that the Iewes should obey him in matters that were not against God For he was no lesse temporall soueraigne of the Iewes then was the Emperour Claudius vnder whome S. Peter wrote But after that Mattathias the high Priest and the rest of the nation of the Iewes who liued conforme to their owne law had declared him a Tyrant and a violatour of the consciences of the people of God therefore no more their lawful Prince the particuler Iewes were then no longer bound to yeild him obedience And not only the defenders of the affirmatiue parte but euen M. Barcklay himselfe who is the principall propugner of the negatiue part vseth this distinction and sayth Controuers Menarch Mach. l. 4. cap. 16. There is not any case wherin the people can rise against a Prince ruling after an insolent manner so long as he continueth King For this commandement of God is alwaies against it Honour the King and he that resisteth power resisteth God And therfore the people cannot haue by any other means authority ouer him vnles he do something by which he by right ceaseth to be King And els where they adde 1. Petr. 2. what S. Peter writeth Rom. 13. Be subiect to euery creature whether it be to King as excelling or to Rulers as sent by him And S. Hebr. 13. Paul Let euery soule be subiect to higher powers And the same Apostle writeth els where in more expresse words thus Obey your Prelates and be ye subiect vnto them For they watch for your soules as those who ought to render accompt Hence it ariseth that it is as wel de iure diuino to yeild spirituall obedience to Prelates as it is to yeild temporall obedience to Princes And yet it followeth not that it is de iure diuino that the Prelates no not the Pope himselfe cannot fall from their rights of Prelacy nor that it is de Iure diuino to continue to obey them after they haue lost their right But the defendours of the negatiue part obiect that the Church which liued vnder the first Pagan Emperours neuer made vse of this right of absoluing in the spirituall Court the Christians from the Oath they had made vnto them And contrariwise that the first Christians preached not any other thing then obedience that they yeilded to the Emperours To this againe the maynteyners of the affirmatiue part answere many thinges For first they say that the Church not hauing absolued the Christians of the Oath of fidelity by thē made to the Pagan Emperours all the Christians in particuler were bound euen in conscience to obey them and pray to God for the safety and prosperity of their Empire And as touching the cause for which the Church did not take away the spirituall obligation the Christians had to obey them they bring three reasons The first is For that it had beene ouer great imprudency and folly to irritate and incense the Pagan Emperours by such a declaration in a time when they were the Lordes of the whole world for that such an act could haue beene not only vnprofitable but also absolutly domageable pernicious to the Christians against whom to incense the Emperour at such time as they had all the forces and the world within their handes was not to succour or promote religion but to precipitate ouerthrow it cleane For it is not sufficient to say that the Church is bound to doe some thing because she may lawfully do it vnlesse she also can doe it with prudence and profit The second reason is For that there is great difference betweene the Pagan Emperours vnder whome the Church began to lay her first foundations and to take the first rootes and the Princes who should now fall into Heresy or into Apostacy from Christian religion and should become either Arians or Mahometans or Pagans For the Pagan Emperours who then were had not yet at that tyme done homage to Christ nor yielded
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 seâ— 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 performâ—d in this Oration following wherewith I haâ—e thought good to present the courteous Reader composed and prâ—nounâ—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 aduantaâ—e which our cause hath got by his Oration For although it were not a matter of small importance if it had beene deliuerâ—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 maÌ„ner Now to the end good Reader that thou mayâ—st runne through with moâ—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 ignoranâ— 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 amâ—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 â—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 CoÌ„mon wealth also yea though it should be accompanied with that of the Church that of France shooâ—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 armâ—s against the King and Queene of France vpon the supposall which they make of the ill Gouernment of that Kingdome But howsoeuer thaâ— 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 coâ—sequently for the reason that I gaue before by the Estate Generall Some man perhaps amongst oâ—r English aduersaries may obiect that notwithstâ—nding the custome and stile of France doth beare that whatsoeuer is authorized or reprâ—oued by any two of the Chambers doth take the name of all the threâ— yet it makes exceedingâ—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
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
forme of his appellation saith (b) Act. inter Bonif Phil. Pulch. Wee appeale to the said Generall Councell which we most hartily craue may be assembled and to the true and lawfull supreme Bishop that shal be and to others to which or to whome it shal be meete to appeale For the King and his maynteyned that Boniface was not the true Pope but was intruded and thrust into the Popedome by fraud simony (c) Ibidem Celestine his predecessour the true lawfull Pope still liuing And they further added that he was an (d) Ibidem Heretique and consequently not Pope for as much as said they (e) Ibid. in appell fact per reg regni col art 18. he had reuealed a confession and more then that he pretended that he beleeued not in the presence of Christes body in the Holy Sacrament And for this the Coūt of Artois caused his Buls to be burnt not as of the true Pope but as of a false one intruded heretical symoniacal and for this cause the King appealed not frō the Pope but from the person of Boniface to the Councel to the Sea Apostolique when it should haue a true Pope he sent two Knights to signify his appeale the one an Italian named Schiarra and the other a Frenchman named Nogaret who surprized by intelligence the Cittie of Anagnia wherin Pope Boniface was whence being deliuered vp and sent to Rome he dyed within awhile of sorrow In place of Boniface was chosen Benedictus to whome presētly after his creation the King gaue sufficiently to vnderstand that what he had done against Boniface was done but against his person and not against the Sea Apostolique For he wrote vnto him with this superscription (a) Act. inter Bonif Phil Pulch. fol. 94. To the most holy Father in our Lord Benedict by the diuine prouidence Supreme Bishop of the sacred holy Church Roman and vniuersall Philip by the grace of God King of France deuoutly kisseth his blessed seete And further with this cōgratulatiō (b) Ibid. f. 95. The Order of the Preachers do glorie to see sitting in the supreme throne of iustice such a father of the Vniuerse and of the faith such a successour of S. Peter and such a vicar of Christ And together with this concludeth (c) Ibid. f. 96. We recommend confidently the Realme in the gouernement whereof we doe by the grace of God sit and withall we recommend the Church of France to the fauours of your Holines And to Benedict who continued in the Sea but eight monethes succeeded Clement the fifth vnder whome the affaires of reconciliation were in such sort accorded and brought to an end as the temporall rightes of the Realme continued in their integrity And Clement himselfe came to Lions where the King to honour in him the spiritual power of Christ put himselfe on foot togeather with his brethren to receaue him Our Chronicles saith du Haillan (d) Du Haillan en la vie de Philip le Belle. doe affirme that the King of France and his two brethren were on foote by the Popes side holding his horses bridle To the second instance which is of the complaint of Lewis the 12. the defendors of the exception make the very same answere That the source and origen of that difference was not matter of religion but cases meerely temporall that is of the league and association that Pope Iulius and King Lewis the 12. at that time Duke of Millane had made and entred into against the Venetians For the Pope seeing how the King grew as great as he could desire in Italy fel of from that alliance with him and reconciled himselfe with the Venetians The King incensed with this separation and the Popes deportement and bad carriage towardes him thereon following caused a Councell to be held at Pisa and after againe at Millan by the Cardinals and other Prelates of his side where the Pope was declared susspēded frō the administration of the vniuersal Church The Pope sore moued at this attaint caused another to be held at Rome where to requite the King he declared him and his adherents deposed from the administration of their temporall Estates But the French both Ecclesiastike and Laike knowing that the first source beginning of that discord proceded from passion of matter of State not of religion interteyned vnion in such sort with the King as nothing could separate them from him For as touching the losse that happened vnto Iohn de Albret of the Kingdome of Nauarre the Continuer of Paulus Aemiltus though he was a sore enemy of the memory of Pope Iulius confesseth not that the sentence of the Pope was the true cause on the contrary he maynteineth that the cause for which Iohn de Albret lost the Kingdome of Nauarre was for breaking of from the alliance he had with Ferdinand King of Aragon which alliance Ferdinand affirmed was ratified vpon condition that if the Kinges of Nauarre did violate the same then the Kingdome of Nauarre should returne to the Spaniardes and he did put himselfe into that alliance of King Lewis the 12. vnder promise that he should procure the soueraignity of Berne to be restored vnto him This then the Continuer of Paulus Aemilius auerreth to be the true cause of the losse of the Kingdome of Nauarre And the other neither to haue beene the true cause nor true pretext but only a help of a pretext of which Ferdinand not hauing taken his aduantage did not yet leaue to pretend that the Kingdome of Nauarre appertained vnto him and so to take possession of it The King of Nauarre saith he (a) Ferrō Continuat Pauli Aemil. in Lud. 12. denied in the beginning that he could refuse to giue passage to the King of Aragon to passe into France saying first that he was hindred to declare himself enemy to Ferdinand by the alliance he had with him and Ferdinand himselfe vaunted that when the Kingdome of Nauarre was by the Spaniardes rendred vp into the handes of the race of Albret it was by caution written and prouided That in case their successors should breake their alliance the Kingdome should returne to the Spaniardes And a litle after (b) Ibid. Whereupon Ferdinand hauing vnderstood that the King of Nauarre was entred into amity with the King of France turned against him the forces which he had prepared for his iourney into France And this was the cause for which Ferdinand did thrust his neighbour next bordering King out of his Kingdome And more then this he added the pretext of another matter namely that the Pope had declared the King and his adherentes excomunicate their Kingdomes exposed To the Third Instance which is taken from the Arrest or Decree of Parlamēt which Mousieur Chancelour of the Hospitall caused to be made against Tanquerell there needeth no other answere then the Answers going before For the Arrest toucheth not in any sort
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
or bowed their necks to Christes yoke as we read that S. Greg. Turon in Clodoueo Remigius said to our first Christian King Mitis depone colla Sicamber they were not yet by a mutuall and reciprocall oath bound to their subiects to liue dye in the religion obedience of him who carieth written vpon his thigh Apocal. 19 Psal 105. Kinge of Kinges and Lord of Lordes And those wordes of the Psalme The Kinges nations shall be gathered togeather to serue our Lord Esa 49. were not yet at that tyme fullfilled Nor those of the Prophet Esay The Kinges shall adore thee prostrate vpon the earth and shall lick vp the dust of thy feete By meanes whereof they not hauing beeue declared vassalls tributaries of Christ nor hauing made to him any oath of homage fidelity nor hauing beene receaued by their subiects with that condition they should liue vnder the Empire and Ensigne of Christ and not beeing bound to their subiects by contract and mutuall oath when they began to proclayme warre against Christ they fell not by their owne proper Profession into any manifest cryme of felony neither declared they themselues by their owne iudgment vnworthy and to haue lost the Fee which they held of him they violated not the reciprocall and mutual oath that was betweene them their people But at this day the Christian Princes who haue for so many ages since made profession to be vassals and tributaries of Christes Kingdome and to subiect their Scepters their Diadems Crownes vnto his Empire who haue raysed seated and placed his Crosse vpon their Ensignes and in their standardes carried it vpon the forefront of their Diadems haue set it vpon the top of their Crownes haue stamped it vpon their monies and coynes that it might appeare whose tribute-coyne it was haue made these Inscriptions Christus vincit Christus regnat Christus imperat haue bound themselues after so long a tyme by oath at their Consecrations both to God and to their people to maynteyne the faith of Christ and with that cōdition receaued the Scepter at the handes of their Peeres and the reciprocall oath of the people These I say when they come to proclaime warre against Christ to breake the oath they haue made to him and to their Estates not by a simple act of contrariety nor by a simple declaration and fact of repugnāce but by a profession and protestation of a will alwaies bent to contradict and to oppose against him not by a simple violating and breaking of an oath but by a vow and oath of a mind resolued for euer to violate and break their oath not by simple default of faith but by the yealding of their faith and promise to the enemy of him to whome they had by a former promise and faith bound themselues that is to say by abiuring and persecuting the Catholike Religion and by publike profession of Arianisme or of Mahometanisme or of Paganisme Then they fall into a contumacy of perfidiousnes against God and make themselues incapable of the tenures they hold of their Soueraigne vnworthy to be acknowledged for Lieutenantes of their Subiectes and of those that be vnder their charge And from this derogateth not that which others object that Kinges cease not to be Kinges before their cōsecratiō therfore the oathes which they take at their Consecratiō are not essentiall conditions of their Royalty For they answer that Kinges before they be consecrated be presumed to haue taken their Oath made it to their people in the person of their predecessors as the people are also reputed held to haue takē their Oathes of Allegiance vnto their Kinges in that which they haue made to their predecessours In so much as when there happeneth any impediment of Consecration they are alwayes thought to haue made and taken their Oath in desire and will and implicitè as the Schoole Deuines say by a couered relation that the condition vnder which they raigne is pretended to haue to the oathes of their predecessors and namely to the first Kinges of the races and lynes They who are not only content to bind theyr Successors by their example to take the like oath to their subiectes but also to assure vnto them the Crowne with the more strong bandes they would oft see them consecrated in their owne life tyme teaching them by the oath that they caused them in such a case to take and make to their people with what a lawe and condition they passed the Crowne ouer vnto them 4. Cor. ◠And to this they further add that where S. Paul sayth That it was ashame to Christians that they were iudged in causes that they had amongst themselues Cedr in com hist in Iust. ad lib. 1. tit 5.6.11 by the Infidells a thing which the Emperour Iustinian conuerted into a law when he ordeyned that neither Pagan nor Heretike should be admitted to the administration or gouernement of the Common wealth he seemed to insinuate that the commandement which the same Apostle gaue the Christians who liued vnder Pagan Emperours to obey them was a commaundement made by prouision and for the time namely vntill the Church were so multiplied and increased by the vniuersall conuersion of the Pagans to Christian Religion as it were or should be within the power of Christians to be able without perill and wrack of state to hinder the admitting receauing of any other Princes but Christians and to obserue this Law of Deuteronomy Thou shalt make one a King among the number of thy brethren Deut. 17. The second difference that is betweene the one the other Princes is taken frō the diuers condition of Christian people For in the time of the anciēt Pagan Emperours which is the tyme sayth S. Augustine meant by the first part of Daniels Prophecy Aug. epist 60. the Christian had not yet attayned the temporall Tribunall of Christ nor as yet apperteyned they to Christs temporall Kingdome For as much as Christ did not at that tyme exercise or manage any temporall Kingdome on earth neither had as yet any temporall Ministers of his Lawes but only exercised a spirituall Kingdome by his spirituall Ministers which were the Bishops and Pastours But after that the second part of the Prophecy was fulfilled that is to say after the conuersion of Kings and Countries to the Christian Religion and that Kings serued our Lord in feare and apprehended discipline or according to the Hebrew text did homage to the Sonne Psal 2. he then gayned and added the Christians not only to his spirituall Kingdome which he exerciseth by his spirituall Ministers which be the Bishops and Pastors but also to his temporall Kingdome which he exerciseth by his temporall Ministers and Substitutes which be the Kings and Princes who serue him sayth S. Augustine not simply as men in obseruing his Laws but as Princes in causing them to be obserued And therefore since the
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
endureth for the good of the Churches peace that the French-men that is to say some of them hold maynteyne in this point Doctrine contrary to his owne and to that of all the rest of the Church so they hold it only as problematicall in matter of faith that is to say that they propose it not as necessary to be held with that necessity which is of faith and declare not the other to be contrary to Gods word impious and detestable And though in the cases before specified there be ten Countries against but a parte of one an hundred Doctours against one ten Councells against none yet whether it be that these Councells do not therin expresse their intention by forme of decision of faith but by forme manner of supposition or for some other causes he is contented to hold the Doctrine contayned in them for true without binding vs to hold it for necessary as matter of faith he is contented to hold the contrary opinion for erroneous without binding vs to hold it for Hereticall and not to excommunicate them as Heretikes that hold it And wherefore then should wee now go about to breake the Churches communion to deuide the vnity of Christes body by turning into matter of fayth a doctrine which doth not only make the remedies which they would bring for the security of Kinges vnprofitable but further maketh them pernicious both to their persons and to their Kingdome There is no tyme wherin schismes be not most domageable and preiudiciall to religion and to State but they be most of all ruinous and pernicious to the one and the other when the tymes be already infected with heresy For as the Phisitians say that in the tyme of pestilence all sortes of feuers end in the plague so in the tyme of Heresy all schismes haue their ending in Heresy And therefore Heresie hauing now at this day so great part in France if we proceed to bring in a schisme among Catholikes who doubteth but that the fruite of this diuision will be the enfeebling and weakning of the Church and the strengthning of Heresy And if Heresy euen when she is weakest hath so much ado to keep herselfe quick how will she continue in peace when she shall once come to an equality And if we breake it how shall she be able to disturbe the peace of Religion without troubling therewithall the Kinge and the State also It is certayne Gentlemen the scope and intention of them that first moued this stone of scandall was not to prouide for the security of the State and the person of our Kinges Their drift and intention was to cast the seedes of diuision in the Church of France and to assay either to separate it from the other partes of the Church or to deuide it within it self I say not this to taxe you I honour you all as persons of singular wisedome and merit and most affected to the Catholike Religion But I know you are not the first authors and inuentors of this Article I know that it hath beene craftily thrust into some of your seates It is not long tyme since they haue menaced and threatned vs with this apple of discord These be those that be already seuered from vs and haue by this meanes thought to sow some sparcles of diuision amongst vs and for this end they haue serued themselues of men who carry the name of Catholikes and more then that of Ecclesiasticall persons and for the vndermining beguiling of the ingenuity good disposition and simplicity of others vnder the title of seruice to the King The pretext they haue taken is fayre it is specious it is ouer shadowed with the name of the King but vnder this couer is hiden schisme and the designe of making a diuision in the Church These be the Vlissesses fighting vnder Achilles his buckler When Iulian the Apostata meant to draw the Christians to the adoration of the false Gods he caused the Idolls of Iupiter Venus and Mercury to be intermixed and put in company with his owne pictures to the end that when they should present his owne Images to the Christians to adore as it was the custome then for the people to adore the Images of their Emperour the Christians either refusing to do it should be accused of high treason as hauing refused to adore the Emperours Image or in doing it be constreyned ioyntly with the Image of the Emperour to adore Idolls These men haue heere done the very same hauing intermedled in one and the same Article a decree of the securing of Kinges together with an introduction of schisme to the end that those who shal refuse this oath should put themselues in daunger either to be esteemed litle affectioned to the seruice of Kinges or to be thought culpable of schisme And therefore you must not suffer your selues to be beguiled by this first bayte It is of hony but yet of hony that hath beene made by drone bees that haue gone from one flower of hemlock to another that is to say by soules that haue tasted and sucked the venome of schisme Aristotle writeth that we must behold pleasures not before but behind not when they are comming but when they are gone past In like manner in this there be specious pretextes you must regard and behold them not by the face that is to say by the first sight but by the back that is by the sequele and successe This Oath resembleth Horace his Mōster which hath the head of a fayre and beautifull woman that is the pretence of the seruice and safety of Kings but it hath a fishes tayle that is the tayle of Schisme and of diuision in Religion And indeed it may well be said to haue a fishes tayle seeing it is come swymming by sea from England For it is the very same Oath of England sauing that of England is yet more sweete and more modest moderate I will not prosecute this point for feare to offend the most Renowned King of Great Britany I am setting aside religion his most humble and most affectionate seruant I do in a most high degree esteeme honour his learning his eminent morall vertues and his excellent naturall conditions and I find nothing to be desired by me in him that might expresse not a fayned Image made at pleasure as that of Cyrus by Xenophon but the true and reall image of a perfect and complete Prince the title of Catholike only excepted Hee hath bound in generall all men of learning vnto him hauing made the Muses to sit in his Royall throne and he hath obliged me in particuler for hauing pleased to take the paynes to enter with me into the listes of dispute of Diuinity not to do as did Alexāder who disdayned to enter into the Olympian race if he were not to run his course against Kinges I therefore touch not this string for feare of offending I know that holding the religion he doth he thinketh to do what
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