The case of Protestants in England under a popish prince if any shall happen to wear the imperial crown. Clarkson, David, 1622-1686. 1681 Approx. 81 KB of XML-encoded text transcribed from 18 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A33356 Wing C4569 ESTC R1246 11781146 ocm 11781146 49064 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A33356) Transcribed from: (Early English Books Online ; image set 49064) Images scanned from microfilm: (Early English books, 1641-1700 ; 811:16) The case of Protestants in England under a popish prince if any shall happen to wear the imperial crown. Clarkson, David, 1622-1686. 34 p. Printed for Richard Janeway ..., London : 1681. Reproduction of original in Union Theological Seminary Library, New York. Attributed to David Clarkson by Wing. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Catholic Church -- Controversial literature. Church of England. Church and state -- Great Britain. Protestants -- England. Great Britain -- History -- Charles II, 1660-1685. 2006-07 TCP Assigned for keying and markup 2006-07 Aptara Keyed and coded from ProQuest page images 2007-03 Robyn Anspach Sampled and proofread 2007-03 Robyn Anspach Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE CASE OF PROTESTANTS IN ENGLAND UNDER A Popish Prince , If any shall happen to Wear the IMPERIAL CROWN . LONDON : Printed for Richard Janeway in Queens-Head-Alleyin Pater-Noster-Row , 1681. The CASE of PROTESTANTS in England , &c. A PRINCE putting Himself and his Dominions under the Popes Authority , and admitting ( as he must unavoidably ) the Laws and Decrees of the Romish Church ; all his Protestant Subjects , being by the Judgment and sentence of that Church Hereticks , do forthwith lye under the penalties which those Laws and Constitutions will have inflicted upon Hereticks . And these are the severest penalties , being proportioned to the crime which that Church judgeth most hainous ; for Heresie is Treason with them , and the highest degree of High Treason , for it is ( say they ) Crimen laesae Majestatis divinae , Treason against the Divine Majesty , and so , much worse than Treason against any Prince on earth ; and upon this ground they commonly justifie all severities decreed against Hereticks . Not to mention particular Doctors , Innocent a the Third thus argues in a special instance , This punishment is justly inflicted upon Hereticks , because it is so in case of civil Treason , which is a smaller fault than Treason against the Divine Majesty . And there is an Edict of b Frederick confirmed and made a Church-Constitution by several Popes , particularly by Innocent 4th , wherein what is enacted against Traytors , is declared to fall upon Hereticks multo fortiùs justinsque , with much more force and justice . So that the Papal authority being introduced among Protestants , they are forthwith Traytors by law , and stand in no better terms , than the worst of Traytors , and are exposed to the penalties which the highest Treason is judged worthy of . Let me instance in two or three particulars briefly ; for I must but point at the miseries of Protestants in such a state , not give a full prospect of them . Infamy is one of them ( that I may begin with the least ) . Hereticks are infamous by Law c It is certain ( saith d Suarez ) that Hereticks both by common and civil Law are infamous , for which he alledged several Texts of the Popes Law , and extends it to the favourers of Hereticks , if they repent not within a year ; and to their Children for some generations , if their Parents dyed pertinacious . It is many penalties in one , including several things grievous and intolerable to all sorts e ; for upon this account , those whom they count Hereticks , are deprived of all Nobility , Jurisdiction , and Dignity ; and debarr'd from all Offices , Benefices , and publick Councils ; they are uncapable of chusing , or of being chosen to them , ( so that it reacheth all sorts ) , Clergy , Laity , Noble and Ignoble , ( as the same Author tells us ) . And they fall under all this immediately , ipso facto , as soon as they are Hereticks , before any sentence Declaratory of their crime ; so in a manner all the f Doctors conclude , In quo Authores ferè conveniunt , proving it from the very words of the Law aforementioned . Let me mention some of the particulars comprized in this Legal Insamy : Protestants are hereby excluded from all publick Councils , and so from Parliaments ; being uncapable of either chusing , or being chosen thereto . This is the Decree of a General g Council , besides several Constitutions for it in the Canon-Law . So that all the Lords and Commons in England would be by Law ( while they are Protestants ) debarred from having any place in Parliament ; and all the Freeholders from chusing any ; and that by a Law paramount to any Civil Law , or National Constitution : and this alone would be enough to ruine and enslave this , or any people whose Liberty depends upon Parliaments . They are excluded from all Dignities , this is Essential to the penalty ; for it is a h Rule in their Law , Infamibus Portae non pateant dignitati ; particularly Noblemen are degraded from their Nobility , and deprived of all Honours i , this by the same Law : and it is extended to their Children by many of their k Authors , who say expresly , that the Issue of Traytors , Civil or Spiritual , lose their Nobility , both that which they had by Priviledge , and that which comes by descent from their Ancestors . They are deprived not only of all Ecclesiastical Benefices , but of all Secular Offices , which is expressed in the Law forequoted ; Particularly it is decreed l that Hereticks be not admitted into any publick Office , or Benefice ; but if they be , it is null and void . Nor can they exercise any Jurisdiction , either Spiritual or Civil , as their m Authors commonly determine : and upon this account they conclude all our Judges , Justices and Magistrates , that are Protestants , to be incompetent , such as have no more Jurisdiction than the Bench they sit on , and think not themselves at all obliged to answer them ; or if they condescend to give them an answer , yet not to speak the truth before them , although they be sworn to it . In short , all that owe any duty to Hereticks are discharged from the obligation , and exempted from paying any . In their Canon Law it is decreed n that all who are bound to Hereticks by any obligation , whether of Oath , or Fealty , or Service , or any other Agreement , or promise , are freed there from . Subjects owe no Allegiance to their Prince , nay they may lawfully kill them , as their Authors commonly conclude . Servants owe Masters no Faithfulness , no service ; though they be slaves , and purchased with their money , yet they are discharged ; and if they discover their Master's Heresie , and so seek to take away his life , though they be not Christians , it 's reason ( they hold ) that they have absolute freedom when none but Christian slaves may have it , save upon such a treacherous o account . Parents lose authority over their Children , so their Law p will have it : and Children owe no duty to such Parents , only they are bound under mortal sin to denounce them , that is , to discover their Heresie ; which is the way to deprive their Parents of their lives . And they give this reason for it , because it is lawful for a Child to kill his Father , if he be an enemy to the Common-wealth ; and therefore he may much more lawfully in this case deal thus with his Father , that is , betray him to death . This is an act worthy of honour and praise , as is proved by the Constitutions of several Popes , and so many other q Writers , that it may pass for their common Doctrine ; nor can they be secured from suffering for their Parents Heresie , without detecting them , as * Innocent 4th decrees . We see a little to what condition the admission of the Papal authority would reduce us ; it would expel nature and humanity , and make the dearest Relatives unnatural and barbarous to one another ; it would leave no Protestant either Dignity or Authority , either Safety or Liberty ; by these Law ( which must then be ours ) our Nobles are sentenced to be Peasants , and Peasants must be no better than slaves . Secondly , Another penalty to which Hereticks are condemned by their Laws , is Confiscation of all their Estates or Goods . And this they incur , Ipso jure , & ipso facto , that is immediately , as soon as they shew themselves Hereticks , before the sentence of any Judg. There is an express Decree r for this in the Canon Law , Bona Haereticorum ipso jure decernimus confiscata , We decree that the Goods of Hereticks are confiscated by sentence of Law. In this the Gloss , and all the Doctors who write of s Hereticks do agree ; and upon this reason among others , because Humane Laws punish Treason against men , and sometimes lesser crimes , with confiscation of Goods ; therefore much more must Treason against the Divine Majesty , which is committed by Heresie , be thus punished . And this reason is assigned not only in the Text of the Canon Law now mentioned , but also in other Texts , particularly Innocent t the Third thereby proves , that Hereticks Goods are confiscated , because this is decreed against Civil Treason , which is much less than that against the Divine Majesty . By vertue of this Confiscation , Hereticks , as soon as ever they discover it , are deprived of all Propriety and Title to their Estates , before any sentence passed against them . Suarez u saith , This is the Common Doctrine . Sanchez x musters up multitudes of Doctors for it : and * Corduba tells us , that all their Doctors in a manner , both Canonists and Divines maintain it . But though they generally agree that Protestants by Law have lost all propriety , and have no title at all to any estate ; yet there is some difference among them about the possession of what is thus confiscated . For many of them hold , that Hereticks before any Sentence , are bound in Conscience to quit the possession of all they have , and sin damnably if they do not ; especially if their heresie be publick and notorious , as it is in all professed Protestants : and their reasons are good enough , if the principles upon which they proceed were so . For the Sentence which some count pre-requisite , is not pretended to be damnatory , to condemn to the punishment , for that is already done by Law ; but only ( as all agree ) declarative of the crime , that the crime may be evident , and who are guilty of it ; which is needless when it is evident and notorious before . Others of them teach that Hereticks may keep possession , and are ●ot to be deprived of it , before the sentence declarative of the crime . But though this latter seem more favourable , yet it is of little or no advantage to Protestants , since those that have a mind to their forfeited estates , may soon procure such a Sentence ; for an ordinary Bishop , or other Ecclesiastical person may pass it , as the Law it y self declares . For example : Corker the Benedictine , lately arraigned , was ordered by the Pope to be Bishop of London ; if their Plot had so far succeeded , that the Popes Orders had taken place , he might in his Spiritual Court have declared all the known Protestants in London , and his whole Diocess to be Hereticks ; which done , all the Nobles , Citizens and others in his Diocess , might have been turned immediately out of possession , and stript of all they had ; and this by Law. The effects of this Confiscation , wherein they all agree , make the severity of the Law apparent ; and the forbearance of seizure before sentence of little consideration , if they thought themselves obliged not to seize such Estates before . First , All the profits made of the Estate from the first day of their guilt are to be refunded , if they be extant and found among their z Goods , Formally , or but so much as equivalently ; nay , some a will have them responsible for the mean profits , though they be consumed or spent , if so be they knew themselves to be obnoxious , when they spent them : or being spent , if the Estate be any thing better on that account , they are still looked on as being extant , and the estate still lyable : and it is counted better , if the party be b Richer , If he therewith bought any thing else , or made use thereof to pay his Debts , or bought but necessaries to live on , and thereby spared his other Revenues . Secondly , All Alienations by Gift , Sale , or otherwise , before Sentence , are null and void ; and all Contracts for that purpose rescinded ; in this , Suarez saith , all their Writers agree c unanimously ; and the Exchequer of the Pope or Popish Prince will recover all that hath been so disposed of by the Hereticks to others where ever they be , or in whole possession soever they be found , or through how many hands soever they have passed ; this is the Doctrine Vniversally embraced by all their Doctors of Law , and all their Divines , so understanding the Text of their Law , as d Sanchez tells us . Nay it is a sin e for him to fell any part of his Goods or Estate , without discovering to the Purchaser his hazard , in buying what is by Law confiscated . And in this case the Purchase will be forced from him without restoring the price he paid for it , unless it be found among the Hereticks Goods , for which the same Jesuit alledgeth above Thirty f Doctors . Nor are those to whom the Estate is Escheated any way obliged , to pay any of the Hereticks Debts g , which were contracted since his Heresie , and so his Creditors ( not excepting Roman Catholicks ) may be lawfully ruined , as well as himself . Thirdly , The Children and Heirs of Hereticks are deprived of their Portions . And though this seem hard in their own apprehensions , that they should be ruined and reduced to poverty for their Parents fault ; yet what they suffer is not to be considered , because the Child is not here punished by or in himself , but by accident , and in another . And this is all the satisfaction the best of them give in this pitiful case , Suarez ibid. Nor will their Law admit that any Commiseration of the Innocent should be any impediment to the severity of the Execution ; but provides against it in these words , Neither shall this severe Censure , for the disinheriting of Orthodox Children be any way hindred , by the pretence of compassion ; since in many cases by Divine Judgment , the Children are temporally punished for their Fathers ; and according to Canonical Sanctions , vengeance may be sometimes taken , not only upon the Authors of wickedness , but their posterity , Cap. vergentis , Tit. de Haereticis . But what if the Children to whom the Estate is left , be Roman Catholicks , are they to be thrust from an Estate left them by their Heretical Parents ? This seems impolitick , since hereby no hopes are left to any for securing their Estates by turning Papists ; and not only so , but they confess it seems to be against Piety , and in the 4 th Synod of Toledo there is a limitation for the security of such Innocents ; but by the Canon Law in after-times that Limitation was exploded , and the Catholick Descendents of Hereticks excluded from having any advantage h by their confiscated Estates . This is expressed in the Text of their Law , and more fully in an Original Epistle of Pope Innocent the Third . Suarez . ibid. pag. 775. But suppose the Posterity of a Protestant or his Children , being still Papists , have continued in the possession of the Estates so left them for many years together ( Forty or an hundred years ) , will not this create them a title ? since Prescription may do it where there is no other right , and is allowed so to do both by Civil and Canon Law ; and an hundred years is confessed to be sufficient for Prescription i against the Roman Church in other cases ? No , an hundred years will not suffice in this case , if the Possessors , or their Fathers knew that he who left them the Estate was an Heretick , and if he was at any time suspected to be so while he lived ; or if he was reputed a Catholick all his days ; yet if any time within 40 years after his decease , it appears he was an Heretick , there is no place left for Prescription : but then they will have the Estate seised , in whose hands soever it be sound , and the k Possessors thrust out , though they be Roman Catholicks . Hereby it appears , that as soon as the Papacy is admitted , all Title and Property is lost and extinct among us by the Law which will then be in force , unless in those few Families who never had a Protestant Proprietor ; nor are they secure as to any part of their estate , which ever belonged to Hereticks : And therefore we must not think his Holiness acted extravagantly , when he declared all his Majesties Territories to be his own as forfeited to the Holy See for the Heresie of Prince and People : for herein he proceeded regularly , and according to that which they esteem the best Law in the World. Not only Abbey Lands are in danger , who ever possess them , but all Estates are forfeited to his Exchequer , and legally confiscated : All is his own which Protestants in these Three Nations have , or ever had , if he can but meet with a Prince so wise , as to help him to catch it . Thus we see the process of their Law against Protestants must not end with their Lives , but follow them many years beyond Death and the Grave ; and ruine their Children , and Childrens Children , when they are gone : And when they have left a Heretick nothing of his own to subsist on , it is provided also that he shall have no Relief from others : for this is part of his Penalty l that none shall receive him into their houses , nor afford him any help , nor shew him any favour , nor give him any counsel . We in England are zealous for Property , and all the reason in the world we should be ; but we must bid adieu to this when we once come under the Popes Authority ; for as soon as this is admitted , all the Protestants in these Nations are Beggars by Law , by the Laws of that Church ( which will then be ours ) , divesting us of all Propriety and Title to what ever we count our own . Thirdly , The last Penalty I shall insist on , which their Law will have inflicted on Hereticks , is Death . This is the Sentence of the Canon Law. Hereticks m are to be delivered to the Secular Power to undergo due punishment , and that is Death , as appear by many Papal Bulls approving and receiving the Civil Laws , which have adjudged Hereticks to death : For though those Laws were Originally intended , against such only which were Hereticks indeed : yet since the Roman Church will have all Protestants to be Hereticks , they must suffer Death by vertue thereof , how far soever they be from Heresie . And the Canon Law further determines , that Secular Judges cannot remit the Penalty , as appears by the Text , Cap. ut Officium , and is more fully explained in the Bull of Vrban the 4th , and in another of Innocent 4th . Hereupon n Zanardus takes it for granted , that all Laws will have every Heretick put to Death ; and their Angelical Doctor o is positive , that Hereticks , though they do not pervert others , may be justly killed by Secular Judges , and bereaved of all they have , rather than such as are guilty of High-Treason . If there were need to cite particular Doctors , Suarez assures us , that it is the judgment of all their Doctors , Ita docent omnes Doctores . But there is a Constitution of Paul p 4th , which may serve instead of all ; where to shew how impartial their Decrees are in this case , Having declared that with the unanimous consent of the Cardinals , all Poenal Acts , Canons , Constitutions against Hereticks , made by any Popes , Councils , or others , are by Apostolical Authority renewed and inforced ; he specifies persons of greatest Eminency in Church and State , viz. Earls , Barons , Marquesses , Dukes , Kings , Emperors , &c. and will have all these punishment inflicted on them , if they are , or shall hereafter be Hereticks . Particularly it is decreed , that they are therefore deprived wholly and perpetually of their Baronies , Marquesats , Dukedoms , Kingdoms , Empires , and rendered uncapable hereof , so as they shall never be restored . And to make sure work , all of them , Kings and Emperours among the rest , shall be put to death q Only if they recant , the Holy See may shew them this Clemency , as to thrust them into some Monastery , there to do penance all their days with Bread and Water . This punishment they extend very far r for Death is to be insticted , not only on the Teachers of what they call Heresie ; but on all who belive any Doctrines opposite to what the Romanists receive as matters of Faith , though they draw none else thereto ; yea on all that believe any one point of such Doctrine , though they reuounce all the rest ; For they agree , that one Errour makes a Heretick , though all besides that one be abjured . And on those also who abjure them all , if they do not likewise discover their Complices ; and so betray all the Protestants they know , to Death . For such , though they do profess themselves to be Papists , and conform to them in all things ; yet if they discover not others , and expose them to death , they are judged to be but s counterfeit Catholicks , and not worthy to live . The Death they will have us suffer , is burning alive ; no Death more tolerable , or of less exquisite torture will satisfie the Mercy of that Church . For though they find no Rule for this in the body of the Civil Law , yet they alledge some latter Constitutions for it , and particularly that of Frederick ( which the Popes have made their own Law ) in these words t Decernimus ut vivi in conspectu hominum comburantur , We Decree that they shall be burned alive in the sight of the World. The Holy Canons it is presumed are for it : The first Statute of Henry 4th in England , for the buring of Hereticks , was Enacted according to the Holy Canons . And if they had no other Law for it , yet the Use and Custom of their Church hath the sorce of a Law ; and makes it as lawful and necessary for them to burn I rotestants , as it is to burn Faggots when they are cold ; and that it is the custom of the Church , they have the testimony of all Nations round about us . We need go no further than our Native Countrey , where in the days of the last Popish Successor it is proved by near 300 Witnesses , that their Laws will have all sorts of us burnt alive , without regard of Age , Sex , or Quality . And if we will not be satisfied that they may lawfully burn us , Man , Woman and Child , unless we have Scripture for it , they have it ready , John 15. 6. If any one abide not in me , men gather them , and cast them into the Fire , and they are burned . Alledged by divers of their prime u Authors for this purpose ; which proves as plainly and infallibly that Protestants must be burned , as — Feed my sheep proves that the Pope hath power to kill both King and People . The Process against Hereticks in the Inquisition is remarkably merciful , for there a Protestant shall not have the favour to be burnt at first x , and dye once ; but must suffer many Deaths before , by enduring divers tortures more grievous than Death , before he be brought to the Fire . One that hath the spirit of a Christian , and reads the account of the Tortures there in use , would scarce think that any but the Devils could be either the Inventors or Executioners of them . But Pope Paul the 4th would better inform him , who ascribes the setling of the Inquisition in Spain , to the inspiration of the Holy Ghost ; and there is no doubt but his Successors would attribute it to the same inspiration , if they could get it setled in England . And they are highly concerned to endeavour it , If they believe the Words of a dying Pope . For y Paul the 4th in a Speech before his Death ( and so before his Infallibility expired ) declared to the Cardinals , that the Authority of the Roman Church depends only upon the Office of the Inquisition . And indeed it is very fit , that such an Authority should have such a foundation . Nor can any question that it is necessary and pious to exercise all the cruelties of the Inquisition upon us , without shaking the whole foundation of the Roman Church , and all the Authority of it . Hereupon how are we concerned to look about us ? We ought to remember ( for they are not like to forget it ) , that as soon as ever the Papal Authority is admitted among us , all the Protestants in these Nations are dead men in Law ; being under a Law that hath sentenced us already to be burned alive , and under a power that hath declared it necessary that no one of us escape with Life . But they are not yet quite ready for burning us , though they are impatient till they be so ; and shew what design they have upon our persons , by turning our houses and Goods into flames . For this course they think not fit to take , how just and pious soever they est●em it , meerly because they cannot , or dare not till they have the Law in their hands , and Power to Murder us by a judicial Process . Where Protestants are numerous and potent , the way they then take for discharging the obligation that is upon them to destroy us , is by treacherous Massacres , or open Wars or Assassinations . They hold it lawful to make War upon Hereticks for their Heresie . So z Bonacina , Diana , Castro , Molanus , and others : but Cardinal Allen a our Countreyman may suffice , who asserts it to be not only lawful , but necessary to take Arms against his Prince and People , being Hereticks . It is clear ( saith he ) that what people and persons soever , be declared to be opposite to Gods Church , with what obligation soever , either of Kindred , Friendship , Loyalty , or Subjection , I be bound unto them ; I may or rather must take Arms against them . And then must we take them for far Hereticks , when our lawful Popes adjudge them so to be . Not only Soveraign Princes and the Pope , but a Bishop may raise War for the Faith , against those that are Excommunicate , if they submit not : So Hostiensis , and others b after him . They count it a more necessary and holy War which is levied for the destroying of Hereticks , than the War against the Turks . Hence Cardinal c Pool in his Address to Charles the Fifth , importunes him to turn his Arms against the Protestants , being more concerned to ruin them than the Turks . They think the destroying of Protestants by Massacres , sometimes more advisable , for avoiding the hazards of a War ; and these how bloody and treacherous soever , will be both lawful and meritorious , being for the rooting out of a pestilent Heresie , and the promoting of the Roman Interest . The barbarous Irish never thought their hands and weapons better imployed than in butchering the Protestants : And this not more from the savageness of their nature , than from the Laws and Doctrine wherein they have so much encouragement for such bloodiness . The least they could expect for it , was full pardon of all sin , such as is promised to those who make War against the Turks , and for the recovery of the Holy Land. For several Popes had thus rewarded the Irish , for less bloody Feats than these ; and thereby testified how meritorious it is , to shed the blood of English Protestants d . Charles the Ninth , with the French Papists , never acted any thing with more satisfaction to his Holiness , than that Tragedy in Paris , and other Cities , where so many Thousand Hugonots were most treacherously and inhumanely slaughtered . The Pope would not have so great delight as he took therein to be transient , but that it might afford him a continued entertainment , would have it Painted in his Palace . And for this , Triumphs were made by the Papists almost every where , as a most glorious Action . And that there might be a concurrence of the greatest impiety , with the greatest inhumanity , publick thanks must be returned to God , in France and Italy , for the Stabbing Drowning , Pistolling , and Cutting the Throats of so many Thousands ; inticed thither by the Solemnity of a Marriage , with all the Security that the Promise and Oath of a King could give them : But nothing is unlawful that will ruine the Protestant Religion . Only in one thing these fell short ; for though near Three hundred thousand were thus Murdered in both Nations , yet they kill'd not all ; whereas if they had not suffered one Protestant in France or Ireland to escape with life , the Catholick design had been there perfectly accomplished , and the bloody Actors had more highly merited ; for that merits most , which most promotes the Catholick Interest , which is most promoted when Heresie and Hereticks are quite extirpated ; and so to kill all Hereticks , is most meritorious . This was it that our Conspirators aimed at , they intended to leave no Protestants alive ; those that escaped the Massacre , should have been cut off by their Army e And Coleman saith , Their design prospered so well , that he doubted not but in a little time , their business would be managed to the utter ruin of the Protestant party , in his Letter f to the Internuncio . The effecting of this , with the consequence of it , was a thing so desirable , so meritorious , That if he had a Sea g of Blood , and a hundred Lives , he would lose them all to carry on the design ; and if to effect this , it were necessary to destroy an Hunderd Heretical Kings , he would do it . We must not imagine that it was a sin , with this man , to destroy an Hundred Kings , and an Hundred Kingdoms too , in such a Cause ; a Cause , no doubt , most glorious , and of transcendent Merit in their account ; when one man might without profuseness , be at the expence of an hundred lives , and a Sea of blood , to promone it . It is true by his expressions , he seems to be in some transport , and no wonder when he had so fair a Prospect of the utter ruin of Protestants by their present bloody design ; and speaks of their ruine as a thing certain , and not to be doubted of . Sure this was a sight so fair , so transporting , as must needs ravish a good Roman Catholick out of his Senses . But then how sensless must they be , who will not believe our utter ruine was designed , when such as best knew it , make no doubt , but it would in a little time , be certainly effected ? However we cannot think that they who make so little of killing an Hundred Kings , when they stand in the way of their Catholick design , will stick at Assassinating any particular Subjects . When we hear Papists say ( as divers such sayings have been of late observed ) that they would make no more to kill a Protestant Man , or Child , than to kill a Dog h We look upon them as wild expressions , which proceed rather from the wickedness of the persons than of their Principles ; whereas indeed they have ground enough from the Writings of their chief Authors . One of their greatest Divines proving that they may justly kill us , being Hereticks , makes use of this Argument among others , Christ calls Hereticks Thieves and Robbers ; but sure Thieves and Robbers are worthy of Death ; also he calls them Ravenous Wolves , Matth. 7. Luke . 20 But Wolves are not only to be driven from the Flock , but also to be kill'd , if it be possible . So Suarez i argues , and his Argument seems less toletarable , than the other Villanous expression , for it seems more meritorious to kill a Wolf than a Dog. Cardinal * Baronius tells the Pope ( though his Holiness might know so evident a truth before ) that Peter had a double Ministry , to feed , and to kill ; according to that Text , Feed my sheep : and according to that too , Kill and eat : For , saith he , when the Pope hath to do with refractory opposers , then Peter is commanded to kill , and slay , and devour . Much according to this Cardinals Doctrine is the saying of Singlcton k the Priest , That he would make no more to Stah Forty Parliament men , than to eat his Dinner . And who can discern b●t the Priest ; expression is as agreeable to the Cardinals Comment , as that is to his Text ? Girald and Kelly , the two Priest ; that were chief in the Murder of Sir Edmondbury Godfrey , that they might draw Mr. Prance into that barbarous action , told him , l That it was no Murder , no Sin ( and Girald said , Nothing was to be made of killing Twenty Hereticks in such a case , ) that it was an act of Charity , and a meritorious work . We may easily conceive , how they will have it to be an Act of Justice ; for they are taught , that the Killing of Hereticks Justa est quia Vindicativa ; and so withal , how it may be meritorious ; every act of vertue being so , by their Doctrine : but how it can be an act of Charity , is not so easie to discern . We shall hardly be perswaded , that to kill us , is an act of Charity ; but if they will have it so , so it must be . And then who can deny but that Papists are the most Charitable Persons under the Cope of Heaven , since they will not stick to murder Millions of Protestants ( all in these Nations ) out of meer Catholick Charity ? VVhat need they more to stop the mouths of any , that will dare hereafter to accuse their Church as uncharitable ? They may have Two Hundred Thousand Arguments from one Topick , the Massacre in Ireland , to prove that none ever out of Hell , were more emiuent for this vertue , no not the Assassins themselves . The Gunpowder-Traytors were as much for the meritoriousness of Murdering Hereticks . John Grant one of the Principal Conspirators , the day he was executed , being advised by a Grave and Learned Person , to repent of that wicked enterprize ; He answered , That he was so far from counting it a sin ; that on the contrary he was confident , that Noble design had so much of Merit in it , as would be abundantly enough to make satisfaction for all the Sins of his whole life , as m Casaubon assures from good evidence . O the dreadful power of the Spirit of Delusion , which can perswade a man even when he is dying , that the most horrid and barbarous design that ever the Devils helped any of their Instrumants to contrive , is so transcendently both meritorious and satisfactory ! yet this is not a private spirit , but that by which the Roman Church seems generally inspired . This was but a more compendious way , of executing the Laws of their Church against Protestants . And Roman Catholicks are left to devise what expedient they can , for the execution of them ; when they are not in a capacity of proceeding the ordinary way , by burning us . And that Invention will have most of Merit , which is most quick and extensive , and makes an end of most at once . The Society is particularly under the Conduct of that Spirit ; for the Provincial Garnet , Tesmond , Gerard , and other Jesuits did teach the Conspirators this Catholick Doctrine n That the King , Nobility , Clergy and whole Commonalty of the Realm of England ( Papists excepted ) were Hereticks , and that all Hereticks were accursed and excommunicate , and that no Heretick could be a King ; but that it was lawful and meritorious to kill the King , and all other Hereticks within this Realm of England ; for the Advancing and enlargement of the Authority and Jurisdiction of the Bishop of Rome , and for the restoring of the Romish Religion . What ? Is it meritorious to kill all in the Realm ? Yes , the more the better , the greater the sacrifice , the greater will the value and merit of it be : They will prove it unanswerably by an Argument from the less to the greater . If it be meritorious to kill one Heretick , it will be as much more meritorious to kill all in a Kingdom ; as all in a whole Kingdom are more than one single person . Thus the greater any wickedness is , the more powerful Motive their Church hath for its encouragement ; The more prodigiously bloody and inhumane it is , the more will the Catholick Merit of it advance . And the Ground of this is observable , they will have it meritorious to Murder this whole Nation , King and People , because they were Hereticks , and all Hereticks are accursed and excommunicated . Now King James and the People of these Kingdoms were not at this time excommunicate expresly , nor so denounced , nor any such sentence against them published , as the Jesuits acknowledged ; only they were included in the general Excommunication , which is denounced by the Pope against all Hereticks every year the week before Easter . So that all who are in their account Hereticks , but one year , or but one day before M●undy Thursday , are sufficiently accursed and excommunicated , to make them liable to be justly killed ; and to render any Papist capable of meriting , by doing execution upon them . All the Protestants in these Nations may be meritoriously slaughtered , as soon as ever the Papists have opportunity to do it , without expecting a warrant from any other sentence , or Excommunication , than what we are continually under . This was the Doctrine of our English Jesuits , of Garnet their Superiour particularly , whom the Papists here honoured as a Pope , and paid him the veneration due to his Holiness , by kissing his feet , and reverenced his Judgment as an Oracle ; and since his Death he hath the Honours of a Martyr . And if he and his Associates be counted Martyrs , for but designing to destroy the Protestants of these Realms , though they miscarried ; what would their Successors be thought worthy of , if they could attempt it successfully , and do effectual Execution ? Garnet further declared it to be his Judgment , that it was so necessary to have Protestants destroyed ; that it would be meritorious to attempt it , even in such a way , as would ruine many Catholicks with them . Catesby ( with respect to the Powder-Plot , whereby many Roman Catholicks , and some of considerable quality , were like to be blown up together with the Protestants ) inquires of their Oracle , * Whether it was lawful to ruine the guilty and the innocent together ? Garnet first Answers in a private House , that it is lawful , if so much advantage can be gained by it , as will countervail the destruction of the Innocent . Afterwards he tells them in the Fields , That they may lawfully extinguish the good and bad together , and that it would be an act of great Merit , if it would much promote the Catholick Interest . Upon this account we see how it might be meritorious to burn London , though the Houses and Goods of many Papists were consumed in the Flames ; yea , and how the most desperate Villains amongst them might merit Heaven , and expiate all the Crimes of a most flagitious life , if he could but fire the whole Kingdom : provided so many Protestants were thereby ruined , as would countervail the loss of such Catholicks , who could not escape the common Flames . Whereby we see their Principles and Actings , both of them are grounded upon their Church-Laws , Sentencing Hereticks to death and ruine . The executing of these Laws is the exercise of a principal vertue , an Act of Justice , and is upon this and other accounts esteemed meritorious . Execution must be done one way or other in order to it ; they must and will do , what our present Circumstances leave feasible . They cannot now in a Bishops Court try and condemn us , and then deliver us to the Secular Power to be burnt at a Stake ; but they can Stab , or Pistol , or Poyson us , or Blow us up ; and these are Acts of Justice upon Malefactors , which their Laws condemn to Death , no less vertuous and meritorious than the other ; perhaps Heroical in their account , as being of more then an ordinary strain . It is true , they want some formalities of Law , yet are never the worse for the want of that , which they cannot possibly have . But men once they have secured the Throne , we may expect they will proceed against us with more observance of a Judicial Process , and burn us and our Children with all Punctilio's of Law , as they did under the last Popish Successor . But it is not probable that under such a Successor these Laws may not be executed . If there were any probability , that for a while they might not be throughly executed , yet our condition in the interim would scarce be tolerable to an English-man ; to be devested of all security by Law , for Liberty , Estate and Life ; and to hold these without , nay against Law , only at the will and known mercy of Papists ; even when they must count it a cruelty to themselves to spare us , seeing both their Salvation and ( which seems generally more minded ) their Interest is concerned in the Execution of these Laws . It seems highly probable to me that all endeavours will be used to have them fully executed ; for the design of these Laws is to destroy Protestants . And those Romanists that understand their concerns , do make account , that their main interest lyes in this ; For neither can they recover their former flourish and greatness , nor can they indeed think themselves safe , till this be done , Accordingly we may observe , that in all Countreys round about us , who have been under Popish Princes , all attempts have been made , and their utmost endeavours used utterly to root out Protestants . And it is meer folly to expect that we should fare better in like circumstances . Even in France the only instance alledged , to give any hopes that Protestants may subsist under such a Power , The design of these Laws was vigorously pursued , in all methods of pretended Justice , and plain Violence , in the Reigns of Five Kings successively ; by Confiscations and Plunderings , by Fire and Sword , by Assassinations , Treacherous Massacres , and open War. So that some Hundred Thousands of them were destroyed , and in all reason none of them had escaped , nor any more Hugonots had been left in France , than there are in Spain and Italy ; if they had not stood upon their Defence , which yet proved a lamentable expedient ; for if we will believe Father Parsons o two Millions on both sides were slain within the compass of Ten years in the Reign of one of those Five Kings . Those who would have us reduced to such a condition , wherein we cannot otherwise be secured than the French Protestants were , would either have us prostitute our Religion , and all that is dear to us to the will of the Papists , or else expose the Nation to desolation and ruine . Our Conspirators have declared that they had the very same design which those Gracious Laws engage them in , viz. the utter extirpation of Protestants and their Religion , and were resolved and prepared to pursue it with Fire and Sword. Of the former they have given us a real Demonstration by the Flames we have already seen ; and of the latter by their Army to be Commanded by Officers of the Popes appointment . They were to begin with Assassinations , and our Soveraign was to fall with the first . In this all that have given any Evidence , exactly agree , and all see , but those that will be blind , and would have His Majesty for company perish with his eyes shut . When they had dispatched the King , a Massacre was to follow , as is positively Sworn again and again by unexceptionable p Witness , and this signified to be the method advised , by the Conspirators both in France , Flanders , and England ; then to make clear work , those Protestants that escaped the Massacre , were to be destroyed by their Army . Coleman at his Tryal would have us believe , that nothing was intended but the advance of Popery , by the Innocent way of Toleration ; that is no wonder , for he was then concerned , if ever , to disguise their Design . But when he hath to do with those who were conscious to the Plot , and with pleasure could see the bottom of it ; then the Mask is off , then it is in plain terms the subduing of a Pestilent Heresie ( for so is the true Christian Religion in the Roman Stile now-a-days ) and the utter ruine of the Protestant party . To accomplish such a glorious design , there must be no sticking ( as was observed before ) to kill an Hundred Heretical Kings , ( Alas ! one single King was nothing to the Dagger of such a Hero ) or to shed a Sea of Blood ( their own he means . ) How many Seas of Protestant Blood do we think might have satisfied such harmless Catholicks ? not an hundred we may be sure , if all the Protestants in the World could have bled more . But this they were bound in Conscience to execute the Popes Laws , they were at all points ready to do it , they wanted nothing but only a Catholick Prince in the Throne . O but the Temper , or at least the Interest of such a Prince would oblige him to forbid or restrain such violent executions in England . I , but what if his tempter be such as to comply with such violent proceedings ; or his temper being better , what if it be over-ruled ? What if he be perswaded as other Catholicks are , that he must in Conscience proceed thus ? What if he cannot do otherwise , without apparent hazard of his Crown or Life ? The Contrivement is such , that Execution shall be done before he hath got the Reins of Government into his hand ; and when he hath them , he is not to hold them alone , he will not be allowed to be much more than the Popes Postillion , and must look to be dismounted if he drive not according to order . Let these things be weighed , that we may see before it be too late into what circumstances we are running . If the Prince be Zealous and Resolute , a Bigot in their way ; If his heat in embracing Religion at first , or promoting it afterward , transport him beyond the sense of his Interest ; If it make him contemn such reason , or decline that consideration that should have withheld him from it , or might moderate him in it ; If he make it his design , and count it his Glory , to subdue this Religion as a Pestilent Heresie ; If he give up himself to the Counsels and Conduct of such , whose words and practices make it evident , that they intend extremities ; then there is a violent presumption , that he will not study any abatement of the rigour of these ruining Laws , after once he thinks himself firmly setled . But if ( as I had rather suppose ) his inclination should lead him to some Indulgence and forbearance , yet that must be controuled by Conscience , and Conscience must dictate what they suggest , who have the conduct of it ; and it will be readily suggested , that it is a deadly crime to favour Hereticks to the prejudice of the Catholick Interest , which can never be more effectually advanced than by their ruine . Besides , the Law q it self assures us , that it is not in the power of any Civil Magistrate to remit the penalty , or abate the rigour thereof ; and this also is declared by the Bulls r of several Popes . Nay if the Prince should solemnly engage his Faith , and give as much security as Papists can give by Oath , that he would not suffer Sanguinary Laws to be executed upon his Dissenting Subjects , this would signify nothing : For they would soon let him understand , that Contracts made against the Canon I aware invalid , though confirmed by Oath , as P. a St. l Joseph . And that he is not bound to stand to his promise , for the Liberty of Religion , though he hath sworn to it , as Bonacina ; ſ and that Faith is no more to be kept with Hereticks , than the General Council of Constance would have it . So that Protestants are to be burnt , as John Hus and Jerom of Prague were by that Council ; though a Prince hath given his Faith and Oath for their safety . The best that is pleaded in defence of that General Council so openly Canonizing perfidiousness , leaves Protestants as much exposed , after all the security the Prince can give , as if none at all were given them The Emperours engagement , say they , secured them against Secular Process , but not against the Process of the Church . So that the Church may burn us , when the Prince hath engaged all his faith for our safety . And to this purpose it is observable what Becanus u an eminent Jesuit delivers when he is endeavouring to vindicate their Council . The Council of Constance , saith he , Decreed these two things : First , That the Secular Power can no way hinder the Ecclesiastical Power from its Legal exercise , and therefore if any Secular Prince do give safe conduct to any Heretick , this ought not to hinder the Ecclesiastical Judg from exercising his Office , that is from trying an Heretick , and proceeding against him according to evidence . The reason is , because when there are two Princes who have distinct Judicatures and Tribunals , one of which is greater and superiour to the other ; the Inferiour may not hinder the Superiour , from executing his Jurisdictions . And therefore the security which he promiseth to any , extends not to the Tribunal of the Superiour Prince , because the Superiour is not bound by the Laws and agreement of the Inferiour , ( Caput , cum Inferior extra . ) But now the Secular and Ecclesiastical Prince have distinct Tribunals ( as is well known , ) and the Ecclesiastical is Superiour ( Cap. Solita : ) Therefore the Secular , when he gives safe Conduct to any , he cannot extend it to the Ecclesiastical Tribunal ; nor by the security given , can hinder the Jurisidiction of the Ecclesiastical Judg , &c. Molgnus x also , who undertakes to excuse this Council , saith , It is a General Rule with the Romanists , That Faith is either never to be given , or never to be kept with Hereticks , for the exercise of their Religion . Simanca y by the Authority of the Council , maintains this worthy principle , That Faith engaged to Hereticks , though confirmed by Oath , is in no wise to be performed . He would prove it by reason : For ( saith he ) if Faith be not to be kept with Tyrants , and Pirates and other Robbers , who kill the body ; much less is it to be kept with Hereticks , who kill Souls ; He confirms it with the Testimonies of Salomonius , and Menochius , Placa , &c. and of their z Angelical Doctor , the Oracle of their Schools , who saith , an unteachable Heretick is to be betrayed to Justice , notwithstanding Faith and Oath . Becanus a to vindicate the Doctrine of Simanca , tells us , that they all say as much as he hath said . Simanca teaches the same that we teach , viz. That Faith is to be kept with Hereticks in what is lawful and honest : but in no case otherwise , and so never in case of Heresie . So that the Faith of any Prince however engaged , is so far from giving an Heretick any security ; as Heresie is far from being a thing lawful and honest . Upon these principles ( by which it appears that Rome hath changed Faith with Carthage , that being now worse than Fides Punica ; and is when she would be counted Christian , far more Faithless than when Pagan ) their Doctors , Jesuits , and others , have instigated Kings to endeavour seriously the rooting out of Hereticks ; Asserting , that an Oath in favour of Hereticks , is but Vinculum iniquitatis . In Fine , This is the sense of their best Authors , and we must believe it to be so , unless we will be deluded . By their Laws and Principles they are always under an Obligation utterly to exterminate Protestants ; yet sometimes they are concerned in point of Interest , to forbear and dissemble ; Pretending to engage their Faith when they do it not in the sense of those who relye on it , as the Council of Constance deluded Jerome of Prague , that they might ( as they did ) burn him : or engaging their Faith when they intend not to keep it , as our Queen Mary , Charles the 9th of France , and other Popish Princes , abused the Protestants to make them secure , that they might have the better advantage to ruine them ; and then that they may seem real , they may promise or swear that they will not proceed against us ; yet notwithstanding when they have an opportunity to destroy us , though they were bound by Ten thousand Oaths not to attempt it ; yet they Sin damnably if they endeavour it not to the utmost . But if there were neither Law nor Conscience to hinder , yet in point of Interest , he must not shew favour to Hereticks , nor grant any Indulgence for their Religion , he cannot do it without apparent hazard both of Crown and Life . For by shewing such favour , he in their account deposeth himself , and immediately loseth title to his Kingdoms . An Emperour or a King , saith Parsons b , if he shew favour to an Heretick , for that he loseth his Kingdom . The Jesuits have sufficient grounds for this Doctrine , how extravagant soever it seems . For the Council of Lateran , which Bellarmine calls their greatest and most Famous Council , decreeth c , that if a Prince upon a years warning , doth not exterminate Hereticks ; his Subjects are discharged from Allegiance , and his Dominions are to be seized on by other Catholicks : He thereby draws upon himself the Curse and Excommunication of the Church , he is excommunicate by Law , that Council hath passed Sentence already , and he is de facto Anathematized yearly by the Bull of the Supper ; the former is Excommunicatio Juris , by the Law : and this is Excommunicatio Hominis , by the Judg , as several of their d Doctors will have it . So that it takes effect presently , Ipso Facto , and is of no less force than if the person concerned were Excommunicated particularly , and by name , though the terms be general . The Pope every year doth solemnly Excommunicate and Curse , not only all Hereticks , but every Favourer and Defender of them , and from this Sentence , none can Absolve any but the Pope himself , for it is a reserved case ; and they generally declare him to be a Favourer of Hereticks , who hinders the execution of the Laws made against them . Conformably hereto their Doctors teach , that Kings and Princes when they are negligent , in rooting out Hereticks ; they are to be Excommunicated , and deposed by the Pope . So Becamus e . Another as I find him f cited , sets it out more elegantly in a Metaphor , making Princes to be the Popes , their Shepherds Dogs ( as they are wont to do out of great reverence ) and expresseth himself significantly to this purpose . If a Prince be a dull Cur , and fly not upon Hereticks , he is to be beaten out , and a Keener Dog must be got in his stead . Others g tell us , he incurrs more grievous penalties than Excommunication , as appears by the Breves of several Popes ; though to be deprived of Kingdom and Life , to which this Sentence makes a Prince lyable , one would think sufficiently grievous . But there is no need to cite particular Doctors , seeing by the Decrees h of that Church the Fautors of Hereticks , are lyable to the penalties which are to be inflicted on Hereticks themselves : and their Church-Law i determines again and again , that they are to be taken for Fautors of Hereticks , wh● omit what they ought to do , for the punishing of Hereticks , that they may cease from their errour : And in this they all agree , Ita docent omnes , saith Suarez k . Sure he must have more Love for Protestants , than any true Papist can have , who will run such hazards , to shew them Favour . He must expect also to be burdened with the Hatred of Zealous Chatholicks , and the effects thereof . They detest such a Prince , and damn that Political Prudence , which forbears the severe execution of the Laws against Hereticks ; as being the way not only to ruine the Church , but subvert a Kingdom l They count none worthy the Crown , who will not go through stitch with their design , for extirpating Hereticks , and promoting the Roman Interest with Fire and sword . Nay they count such , though they be Papists , as bad as Hereticks , worse than Turks , and unworthy to live ; they will have a price set on their Heads , and Assassinates hired to rid the World of them . So Doctor Stapleton , m counted one of their greatest and most sober Divines . And these are not only Points for Speculation , they have been reduced to practice among those who have the repute of the most moderate Papists in Europe . Henry 3d. and 4th two Kings of France were Assassinated on this account . A suspicion that they favoured Protestants , was the great inducement to Zealous Catholicks to get them stab'd . The two Kings since indeed have escaped better ; no wonder , for they never provoked the Catholick Assassinating Spirit : They have given sufficient demonstration that they hate the Protestants ; for though they kill them not out-right , yet have they reduced them to such Circumstances , that their Mortal Enemies may to their satisfaction , see them dye a Lingering Death . And which more concernsus , the Conspirators in all places having declared expresly , that if RO. H. do not answer their expectation , for rooting out of the Protestant Religion , and Extirpating those that profess it : Their design n is to destroy him after they have killed his Brother . So that whatsoever respect they have for him on the account of his Religion , yet after they have served their turn on him a while ; he must expect nothing but Death , unless he will give assurance that he will ruine the Protestants of these Nations . Hereby we may judge , what favour we may in reason promise our selves , from the Temper or Interest of a Popish Successor . But may not Parliaments secure us by Laws and Provisions restraining the Powers which endanger us ? There is nothing of this tendency can in reason be expected from Parliaments , without securing the Throne . For if the Conspirators once gain that , it may be they will have no Parliaments ; A Government more Arbitrary and Violent is more agreeable to their Principles and Designs . It is apparent that Popery , as it hath been by many occasions sublimated since the Reformation , hath in a manner quite stifled the English Spirit in English Papists . They are for another Government , in which the Pope must be Supreme , and to which our Kings must be subjected or kill'd . And in Civils , they are for an Vniversal Monarchy , by which this and others must be swallowed up ; and so they are still ready to devote themselves to that Prince who bids fairest for it . So they did to the Spaniard in Queen Elizabeths time , and now upon that account are wheeled off to the French : They have been forward upon all occasions , to Sacrifice the Honour of the King , and the Liberty of the Subject to the Roman Moloch ; they are much more his Subjects than the Kings ; and they are no more to be trusted as to the true English Interest , than the Italians or Spaniards . They pass for Natives indeed , being born among us ; but are plainly Foreigners as to Government , Principle , Interest , Affection and Design . We may well believe on these accounts they are no Friends to Parliaments , if they did not otherwise openly declare it . But if the necessity of their affairs should require a Parliament , there is no great question but they may get such a one as will serve their turn : For so hath every of our former Princes in all the changes of Religion that have been amongst us . So did Henry the 8th , both when he was for Popery ; and when he was against it , and when he was partly both for it , and against it . So did Edward the 6th . when he was wholly Protestant . So did Queen Mary , when she was for burning them alive . So did Queen Elizabeth , when she run Counter to her Sister . There are English-Papists enough already to furnish both Houses ; and there will be more , if Popery were once enthron'd . The strongest Arguments which divers have for their Religion , are drawn from the Throne . The indifferency which is visible in too many , signifies that they will be determined by their interest , and their Estates are like to out-weigh their Religion . The warping of divers upon advancement , and acting Counter to themselves when lower ; shews , there is something higher in their hearts , then that which should be Supreme . The little concern they shew for Religion , who in regard of their Station in the Church , should have the greatest Zeal for it , disappointing and astonishing those who esteemed them Protestants , and great supports of that Profession . The little sense of any danger ( when our Religion was never in such extreme hazard , since we and our Fathers were born , ) the obstructing in one or both Houses , of all that is offered to secure us , or hath the most probable tendency to it , by those from whom it was least expected . Those greater heats against true Protestants ( differing from us in some small things , ) than against Papists ; when represented by this horrid Plot in their own Colours ; shews , that Popery is no such formidable thing to many , now under another profession ; as it is , and will be to Hearty protestants , and such as have effectually received the Love of the Truth . However by the Laws which will be in force , when the Throne is Papal ; All Protestants must be excluded from both Houses . For all these must then pass under the notion of Hereticks , and as such , not only by the Constitutions of several Popes , but by the Decree o of a General Council , received as obliging in Popish Countreys ; they are made uncapable of being admitted to any publick Counsels , or of chusing any to sit there . This is but a branch , of one of the last Penalties we must then lye under ; and thus all hopes of any Relief by Parliaments , under such a Successor , are quite blasted . As for Laws such as are , or may be made before-hand for restraining Popery , and securing our Religion under a Popish Soveraignty ; they will then be judged Nullities , for they are no Laws which are against the common good ; but these will be counted mischievous Acts , of a pernicious nature and tendency ; being for the support of Heresie , against their Catholick Interest . They will be null and void also , without any formal repeal , upon another account , viz. because Enacted by an incompetent Authority : For our Parliaments are now , and have been long Constituted of such as they count Hereticks ; and these by the Decrees and Principles of their Church have no p Jurisdiction at all , much less that which is Soveraign and Legislative . They have no right to proceed in Judgment upon Laws duly made , so far are they from all just Power to make any . And whereas no Laws can be made in these Realms without the concurrence of every of the Three States in Parliaments , they will not own any of them to be in a capacity to concur therein . The King being an Heretick , is with them no King , he is devested of all Prerogatives and Royalties ; hath no power to call Parliaments , or pass any Bills there tendred ; He is no better with them then a private person , nay in a worse capacity than a good Subject ; for by their Principles he may lawfully be killed by a private hand . The Nobles being Hereticks , their Blood is tainted by the highest Treason , the Attainder good in Law , ( that Law which will then be of most Soveraign Obligation ; ) they have lost all Priviledge of Peers , they have no Titles to Baronies , no rights to be Summoned by Writ , if there were any that had right to Summon them . They have forfeited what they had by Descent , though from Popish Ancestors ; and what they had by Patent , is null and void . Since our Princes were Protestants , they are no more Lords , in the sense of the Romish Laws , nor have more Right to sit as Peers in making Laws , than Laws of Jack Straws creating . This is manifest by the first Penaltie forementioned , and awarded against Hereticks by the Laws of the Roman Church ; which takes effect from the first day of their supposed Heresie , before Sentence of any Judge . The Commons being Hereticks are no Proprietors , and so have no Power , no Priviledge doe to the Commons of England , they are born to no Estates , if they be the Issue of Protestants ; The Estates of their Fathers being confiscated before they were born , and so is all they have acquired since by Purchase , or otherwise . So that they have no Right to be chosen , nor have Protestants any Right to chuse them , being no Freeholders , nor having title to any Goods or Lands , by any Tenure whatsoever . In short , By the Judgment and Sentence of their Church , all Ranks among us are in a State of Vsurpation , we have no right to Estate or Life ( as we are like to find when they have power ; ) much less any Authority to make Laws : What our Parliaments have enacted , or may do , for the securing of our Religion , or Restraint of Catholicks ; is no more valid , no more obliging with them , than the Acts or Ordinances of meer Usurpers , nor do they owe , nor will they pay them more observance ( when time serves ) than to the Constitutions of so many Thieves and Robbers . But suppose our Laws were valid , and Enacted by a competent Authority , yet being against the Laws of the Church , the Soveraign Authority of these will supersede the other : For so they determine , that when the Canon and the Civil Laws clash , one requiring what the other allows not ; the Church-Law must have observance , and that of the State be neglected . Their Law q provides for its preeminence , in these words , Constitutions against the Canons and Decreet of the Roman Bishops are of no moment . Their best Authors r are positive in it , and our own Countrey affords us Instances of it . The Statutes of Provisoes , and others of like nature , made in the Reigns of Edward the First , Edward the Third , Richard the Second , and Henry the Fourth , for the relief of the Nation against Papal Incroachments : They were defeated by the Popes Authority , and in effect repealed , there being no effectual Execution of them till Henry the Eighth's time . And if the Pope ( the Throne being once at his Devotion ) should appear against any Statutes or Provisions made for our security , as Pope Martin s the Fifth did against the Statutes of Edward the Third , and Edward the Second , that would be enough to null them as to the Consciences of Roman Catholicks ; or to lay them asleep , and render them ineffectual to the purposes they are designed for . We may see hereby what Laws made now , for our Security will signifie , when such a Successor is in possession . Upon the whole , our danger as to all our concerns , Civil and Religious , is very apparent , and looks upon us with such a terrible Aspect , as scarce any true Protestant can fully view it without Horrour and Trembling . Our Estates , Lives , and Souls are in extreme hazard , and what have we more ? That which will not secure us is discernable by the Premises ; what expedient may be effectual to rescue us and our Postery , who with us and all that is dear to both , are now in the very Jaws of Destruction , is humbly lest to the Wisdom of the Nation in Parliament . FINIS . Notes, typically marginal, from the original text Notes for div A33356-e90 a Caput , Vergentis , de Hareticu . By the Law of their Church , Sic omnes Apostolicae sedis sanctiones accipiendae sunt tanquam ipsius divini Petri voce sirmatae sint , Distinct . 19. Cap. 2. All the Constitutions of the Roman See must be received , as if they were made firm by St. Peters own mouth . And it is enacted by a general Doeree ( Generali Decreto constitutmus ) , That whatsoever King , Bishop , or Noble-man , shall believe that the Decrees of the Roman Bishops may be , or shall suffer them to be violated in any thing , be accursed , ( execrandum Anathema fit ) and shall for ever remain guilty before God , as a betrayer of the Catholick Faith. Gans , 25. q. 1. cap. 11. b 7 Decretal . Lib. 5. Tit. 3. de Hareticis . c Caput Infames 6. q. 1. cap. alieni . 2. q. 7. Cap. Excommunicamus 1. Sect. credentes . de Haereticis . Cap. Statum de baret . in 6. d De Fide. Disp . 21. Sect. 5. N. 3. e Suarez ibid. Diana . Sum. v. baeret . n. 9. Pet. St. Joseph in 1. Deca●● p. 39. Tho. Sanchez . op . Moral . Lib. 2. n. 12. f Suarez . ibid. Num. 〈◊〉 g Con. Lateran . sub Innocent . 3. in crab . Tom. 2. Concil . p. 948. h Regul . Juris 87. in 6. i De haereticis cap. ut Commiss . in 6. k Faber Teraquillus , Cantera , Otalora in Sanchez . ibid. l. 2. c. 29. n. 1. l Cap. 2. Sect. Haeretic . de baereticis in 6. m Aquinas , Soto , Castor , Azor , Simanca , & Suarez , ibid. Disp 21. sect . 5. num . 12. By the Constitution of Gregory 9 , an Heretick is deprived of all Jurisdiction , whether Natural , Civil , or Politick . Simanca Instit . tit . 46. sect . 74. Juxta Constitutiones Gregorii 9 , &c. n Cap. Final . de Haretecis . o Azon . Instit . Moral . Tom. 1. l. 8. c. 12. q 7. Penna , Molina & Sanchez . Ibid c 24. m , 10. 11. p Cap. 2. sed . final . de Haereticis in 6. q Bonacina de obligatione denunciandi , Disp , 4. p. 2. n. 3. It a Farinacius , Azorius & alii ferè communiter . Idex aliis Sum. Pontisicum Constitutionibus probat Penna . Ibid. * 7 Decret . de heretic . c. 3. r Cap. Cum secundum leges , de har●ticis in 6. s Suarez . Ibid. Disp . 22. Sed. 1. N. 2. t Cap. Vergentes , vers . cum enim . de Haercticis . Cum longè sit gravius , aeternum quàm temporalem laedere Majestatem . u Ibid. sect . 3. n. 1. x Ibid. cap. 22. n. 2. * Quast . Theol. lib. 1. q. 36. p. 290. y De Haereticis . Cap. cum secundum Legis . in 6. z Suarez , De Fide. Disp . 22. sect . 4 n. 11. Sanchez ubi supra , c. 21. n. ult . a Simancha , Vasquez in Suarez , Ibid. n 11 , 12. b Idem ibid. sect . 4. n. 9. c Ibid. sect . 1. num . 5. In hoc offectu concors est sententia omnium scribentium . d Ibid. Lib. 22. Num. 33. e Idem . ibid. n. 61. f Ibid. n. 68. g Ibid. n. 76. h Cap. Vergentis . de Haereticis . i Menochius & alii in Diana . Sum. V. Praescrip . N. 2. k Sanchez . l. 2. c. 22. n. 41. l Zanardus , Director . pars 2. p. pag. 126. m Cap. ad abolendum . de Haereticis . Vide Suarez ubi supra . Disp . 23. sect . 2. n. 1. & 3. n Direct . pars 2da . pag. 754. o 2. 2dae . Q. 10. Art. 8 Corp. p 7 Decretal . l. 5. tit . 3. cap. 9. q Saecularis relinquantur arbitrio potesatis , animadversione debita Puniendi . Which expression they thus explain , Debita nimirum secundum jura Civilia quae est paena mortis . So Suarez ibid. Disp . 23. Sect. 2. N. 3. r Idem ibid. Sect. 2. N. 5. 6. s Quia est occulator hareticorum — & ideo meritò judicatur fistè co●●ersus . Ibid. Sect , 6. t De Hereticis . 7 Decretal . Sect. inconsutilem . u Jac. de Grass . decis . l. 2. cap. 9. n. 2. Suarez ubi supra . n. 4. x Zanardus , Director . 2 da pars . pag. 755. y Onufrius , Vita Pauli 4. z De restitut . Disp . 2. q. ult . sect . 2. n. 7. Sum. V. Bellum . n. 5. Theol. Pract. Tr. 2. c. 13. n. 3. a Admonition to Nobility and People , p. 41. b Vid. Silvest . V. Bellum . c Lib. de unione Ecclesiastica ad sinem . And this was he who made it his business in so many Courts to form a League against England ( having renounced the Popes Supremacy ) ; perswading the Popish Princes , that it was more necessary and meritorious than a War against the Turks . d See the Brieves of Greg. 13. Anno 1580. and Clement 8. 1600 , e Dugdales Deposition at the Tryal of the Five Jesuits , p. 25. f In Colemans Tryal , p. 78. g Ibid. pag. 43 77. h Bradshaw in Prances Narrative , page 23. Giffard in Hist . Plot. pag. 213. i De Fide. Disp . 23. se●l . 1. n. 3. Zanard . Ibid. cap. 7. pag. 119. * Epil . contra Venetas . k Prances Narrative , pag. 4. l Ibid page 10. m Epist . Fron. duc . page 189. n Gunpowder . Treason . pag. 74. * ●●●●●bon Ibid. p. 184. o Mitigati●● , page 130. p 〈…〉 of the Five Jesuits , page 25. q Cap. ut officium . r 〈…〉 l De primo praecepto . p. 94. ſ 〈…〉 praecept . Di● . 3. q. 2. pu●●l 8. prop. 3. n. 159. u Manual . l. cap. 15. n. 15 , 16. x De fide . l. 3. c. 27. y Cathol . Instit . Tit. 46. N. 52. z Sum. 2 da 2 dae , Q. 70. Art. 1. a Manual . l. 5. c. 15. n. 25. b Philopat . p. 109. c Cap. Excommunicamus , de Haereticis Sect. moneantur . d Graff . decis . l. 4. c. 11. n. 6. Becanus de Fide. c. 15. q. 8. n. 6. Soto 4. Distinct . 25. Q. 1. Art. 1. Citing two Texts of their Law for it . Cap. Sicut de Haereticis , & Cap. siquis forte . 24. Q. 1. e Controvers . Anglican . p. 131 , 132. f In Foulis . pag. 60. g Zanard . Direct . Pars. 2. pag. 61. h Cap. Excommunicamus , de Haereticis . i Cap. Error 83. Distinct . & . cap. Qui alius , de Haereticis . k De Fide. Disp , 24. Sect. 1. N. 6. l Ribadeneira de Principe , l. 1. cap 15. m Orat. contra Politicos , p. 15. & 24. in Hospin . Histor . Jesuit . l. 4. c. 11 sect . 2. n Dr. Oats Narrative , pag. 4. n. 5. p. 3. n. 4. p. 8. n. 13 p. 10. n. 16. p. 15. n. 13. p. 10. n. 29. p. 39. p. 64. n. 6. o Cap. Excommunicamus Sect. credentes . Tit. de haereti●i● . p Jurta constitutiones Greg. 9. Haereticus privatur omni Dominio naturali , civili , politico . Simanca Instit . Cathol . Tit. 46. N. 74. q 〈…〉 r Victoria relect . pag. Navar. Manual . c. 7. n. 1. Fumus v. lex . n. 7. B●nacina . Tom. 2. Disp . 1. Q. 1. punet . 4. n. 17. Diana . Sum. v. in puisitor . n. 10. after Barbosa and others . s Barnet Hist . Reformation , page 110.